ILR 18 months rule help

[PACO]

Hello, first of all this discussion board is very helpful but having gone through the different posts, my following query is not addressed, please help me.

I am applying for my ILR in september. I arrived in the UK in 1996 and have been on a student visa since then (doing my research for my doctorate now).

I have my student visa till October 2007 and would need some clarification on the 18 month rule and another query.

Before re-applying for my current visa,my previous visa expired on the
31st of December 2004, before i left the UK on the 29th of December 2004, i applied for my current studies and paid part of my tuition fees. My visa was issued in my home country and i came back on the 22nd March 2005. Is that ok for my application for my ILR?

Secondly the 18 month rule:

According to my passport,I have been out of the country for 563 days compared to the required 540 days, but i know from my records that i have been out for 626 days (missing and incorrect stamps are the reason that it does not show on my passport).

would that be a problem when i apply for my ILR or do they work on a pro-rata basis?

Do they have an actual database where the home office can check all my records and where also i could ask for a copy under the data protection Act 1998?

If i do ask for a subject data access, i have found two addresses which i pasted below, which one should i use and is there a fee for using this service?

1)
Information Policy Team
Information and Record Management Services
4th Floor
Seacole Building
2 Marsham Street
London
SW1P 4DF

2)
Immigration and Nationality Directorate (IND)
Subject Access Bureau (SAB)
10th Floor
Sunley House
Bedford Park
Croydon
CR0 2AP

thanking you for your help in my query and looking forward to get your expert views on the matter.Thanks.[/b]

[dmytro]

Rules say that continuous residence is not broken as long as upon your departure and arrival you have a valid entry to enter/leave. Regarding subject access: its the second address on your list (Subject Access Bureau). If you were a student and some stamps are not visible they are unlikely to check it. As long as u have your old passports you should be fine. Some lawers say that school holidays are likely to be disregarded. Godd luck

[PACO]

thank you for your reply,

could you be kind enough to explain to me by:"Rules say that continuous residence is not broken as long as upon your departure and arrival you have a valid entry to enter/leave"

in my case i left when my visa expired and had intention to come back for further studies, i got my new student visa so from my interpretation, it is a valid enter/leave situation, thus within the law.

do you agree?

thanks for the advice and will write to home office for the subject data access.

best regards.

[dmytro]

Well, if Home Office can check that you left when your visa was expired, then you have a problem. They could check by looking at stamps in your passport. Seems you left without having valid leave to enter. This means you broke continuous residence. Look on home office web site, for official rules.

[PACO]

according to the home office website, the term lawful residence is confusing as i pasted below. since i left without overstaying my visa and applied for a course and got accepted and eventually returned, i think it that i had expectation that i would be lawfully able to return. could i have an opinion on that please.

"lawful residence" means residence which is continuous residence pursuant to:

(i) existing leave to enter or remain; or



(ii) temporary admission within section 11 of the 1971 Act where leave to enter or remain is subsequently granted; or



left the United Kingdom in circumstances in which he could have had no reasonable expectation at the time of leaving that he would lawfully be able to return; or

[Chess]

Well, if Home Office can check that you left when your visa was expired, then you have a problem. They could check by looking at stamps in your passport. Seems you left without having valid leave to enter. This means you broke continuous residence. Look on home office web site, for official rules.

A gap of less than 6 months (even without a UK Visa) away does not constitute breaking continuous stay

[PACO]

Thank you very much for your information. i feel more confident now as this was my only worry about the time i was away from the UK. kind regards.