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10 Year ILR - continuous period clarifications

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nafe12
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Posts: 156
Joined: Fri Nov 26, 2010 12:46 am

10 Year ILR - continuous period clarifications

Post by nafe12 » Wed Dec 17, 2014 10:40 pm

Hello!
Just two questions:

a) Does any 10 year continuous period count? Or does it count 10 years until the date of application.
E.g. If I satisfied the 10-year continuous period, but then go on a long holiday thus breaking the period (e.g. too many absences). Can I still apply based on the 10-years I previously made?

b) Must the application start from the first use of your visa (e.g. first entry to the UK)? Or can you use any subsequent entry to begin the 10 year calculation?
E.g. if I have gone over the 540 days since my first arrival to the UK, can I wait some time in order to ‘get some days back’, such that I complete the 10 year continuous residence.

Sorry if the answers are obvious, but I couldn’t find anything in the notes.

Thanks!

nafe12
Member
Posts: 156
Joined: Fri Nov 26, 2010 12:46 am

Re: 10 Year ILR - continuous period clarifications

Post by nafe12 » Fri Dec 19, 2014 12:26 pm

No views?

Princess of Ammi
- thin ice -
Posts: 298
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Re: 10 Year ILR - continuous period clarifications

Post by Princess of Ammi » Fri Dec 19, 2014 3:48 pm

you should mention your individual case and grounds (less the generic) to check and to take members' opinion
thanks,

nafe12
Member
Posts: 156
Joined: Fri Nov 26, 2010 12:46 am

Re: 10 Year ILR - continuous period clarifications

Post by nafe12 » Sun Dec 21, 2014 9:55 am

Thanks, but the question is about clarifying the rules. They don't explicitly apply to me yet (I'm not in that situation), so I'll give more of an example.

1) Does any 10 year period count? E.g. I might have a valid 10 year block, say 2001-2011, but let's say I went away for a year in 2013 (breaking the 180 day rule). Can I still apply under the 10 year route based on the 2001-2011 stay?

2) Can I pick any arbitrary date as the start date of my 10 year period? Same example, let's say my first entry on my visa was Jan 1 2001. Can I select the start of my 10 year period as, say, Feburary 4 2001 (to Feb 4 2011)?
Or must it start from the date of an entry stamp?

physicskate
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Re: 10 Year ILR - continuous period clarifications

Post by physicskate » Sun Dec 21, 2014 10:13 am

nafe12 wrote:Thanks, but the question is about clarifying the rules. They don't explicitly apply to me yet (I'm not in that situation), so I'll give more of an example.

1) Does any 10 year period count? E.g. I might have a valid 10 year block, say 2001-2011, but let's say I went away for a year in 2013 (breaking the 180 day rule). Can I still apply under the 10 year route based on the 2001-2011 stay?

2) Can I pick any arbitrary date as the start date of my 10 year period? Same example, let's say my first entry on my visa was Jan 1 2001. Can I select the start of my 10 year period as, say, Feburary 4 2001 (to Feb 4 2011)?
Or must it start from the date of an entry stamp?
1.) I know there was talk of changing the rules on that one, so I would hate to comment on the old rule (and I can't be bothered to look it up sorry).

2.) You can choose the 10 year period where you satisfy the rules. For instance, I have been here since 28 August 2004, but do not yet meet the requirements as I travelled a lot in my early years. I will meet the requirements for absences 7 Jan 2016, so my 10 year period is 6 Jan 2006 - 6 Jan 2016. I have an entry clearance on 6 Jan 2006 from which my 10 years makes me go under the absences requirement. It doesn't have to be from an entry clearance, but why wouldn't it be? I can't see an example of where it you be to your benefit for it NOT to be a stamp date.

nafe12
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Posts: 156
Joined: Fri Nov 26, 2010 12:46 am

Re: 10 Year ILR - continuous period clarifications

Post by nafe12 » Sun Dec 21, 2014 11:12 pm

I know there was talk of changing the rules on that one,
Thanks for that. Do you have any idea of what those rules were? I can't seem to find anything
(Just off the top of your head, don't bother to look it up :)

nafe12
Member
Posts: 156
Joined: Fri Nov 26, 2010 12:46 am

Re: 10 Year ILR - continuous period clarifications

Post by nafe12 » Sun Dec 21, 2014 11:21 pm

physicskate wrote:It doesn't have to be from an entry clearance, but why wouldn't it be? I can't see an example of where it you be to your benefit for it NOT to be a stamp date.
re the second question, the form says:

D2. When did you first enter the UK? This refers to the date of your first entry into the UK at
the beginning of the period of stay on which this application is based

Doesn't sound like any date to me

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