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Continuous residence 10 years - ‘leave to remain'

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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mohammed1980
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Joined: Sat Jun 01, 2013 9:55 pm

Continuous residence 10 years - ‘leave to remain'

Post by mohammed1980 » Thu Aug 11, 2016 10:17 pm

I have completed 7 years in the UK, have 6 months left on my T1E visa, but instead of wasting time and money on extension, I would like to apply for PhD from India.

My solicitor said, even if I apply from India for student visa I am still eligible for 10-year long residence ILR provided I dont spend more than 180 days in India.

If anyone has more information on this subject, please do let me know.
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Continuous residence
Continuous residence is time you’ve spent in the UK without gaps.

You can leave the UK during the continuous residence for up to:

180 days at a time
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vinny
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Re: Continuous residence 10 years - ‘leave to remain'

Post by vinny » Fri Aug 12, 2016 6:40 am

See also Long residence.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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mohammed1980
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Posts: 158
Joined: Sat Jun 01, 2013 9:55 pm

Re: Continuous residence 10 years - ‘leave to remain'

Post by mohammed1980 » Fri Aug 12, 2016 4:53 pm

vinny wrote:See also Long residence.
saw but it is not specific to my case.

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CR001
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Re: Continuous residence 10 years - ‘leave to remain'

Post by CR001 » Fri Aug 12, 2016 5:00 pm

mohammed1980 wrote:
vinny wrote:See also Long residence.
saw but it is not specific to my case.
Why do you think it is not specific to your case? The rules are clear, if you are absent from the UK for more than 180 days, your continuous residence is broken.

Do you really think that HO is going to publish guidelines for the 100's of different scenarios or 'cases'?
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

mohammed1980
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Posts: 158
Joined: Sat Jun 01, 2013 9:55 pm

Re: Continuous residence 10 years - ‘leave to remain'

Post by mohammed1980 » Tue Aug 16, 2016 12:09 pm

CR001 wrote:
mohammed1980 wrote:
vinny wrote:See also Long residence.
saw but it is not specific to my case.
Why do you think it is not specific to your case? The rules are clear, if you are absent from the UK for more than 180 days, your continuous residence is broken.

Do you really think that HO is going to publish guidelines for the 100's of different scenarios or 'cases'?
You are replying to my w/o understanding my question.
I know that the 180 days absence disqualifies you from long residence application criteria.

I only wanted to confirm that applying from outside UK will still make eligible for long residency if I return within 179 days.
Thanks

Entrepreneur9
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Re: Continuous residence 10 years - ‘leave to remain'

Post by Entrepreneur9 » Wed Aug 17, 2016 7:18 pm

As far as I know, switching to Student from Tier 1 entrepreneur is not possible. Please read the guidance below from https://www.gov.uk/tier-4-general-visa/ ... -this-visa

Switch to this visa
You may be able to change (switch) to a Tier 4 (General) student visa if you’re in the UK under any of the following visas or schemes:

Tier 1 (Post-study work)
Tier 2 (General)
Tier 2 (Intra-company transfer)
Tier 2 (Minister of religion)
Tier 4 (Child)
student (under the rules in place before 31 March 2009)
student re-sitting an examination
student nurse
students writing up a thesis
student union sabbatical officer
work permit holder
postgraduate doctor or dentist
Science and Engineering Graduates Scheme
International Graduates Scheme
Fresh Talent: Working in Scotland Scheme

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