Immigrationboards.com

Hello all,

Please forgive me if I'm posting in the wrong place or if I'm asking for something was already answered as I couldn't find it.

Anyway, this my case:

I have been in the UK for the last 10 years, I have been under student visa for 8 years + 2 years PSW. When I was student I have been sent by our University to complete some work at foregoing University for a collaborative project for a period of 181 days.

As a consequence I was absent for a period of 181 at one time. this brought the total of my absence in the last 10 years to about 750 days.


Do you think I still have a chance to apply for ILR (long residency), If I can justify my absence.

If so kindly can you tell me what would be the procedure, if I need a layer can you refer me to a trusted and affordable one please.


Thank you for reading these lines and your help will be much appreciated

sheraz7 wrote:http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Thank you sheraz7,

I know that over 180 days at once and a total of 540 days break continuous residence, but my question is if there is any circumstances where the absence is justifiable?
Thanks

Guys I'm really dispirit, any help will be much appreciated.

Thank you

master_student wrote:Guys I'm really dispirit, any help will be much appreciated.

Thank you

To be honest with you , your case is considered as non straightforward as your absences are way beyond threshold. One off 181 days absences at one stretch can probably be overlooked or justified if you were sick or missed the flight. By the way did you exclude the day of departure and arrival from total absences. For total absences of 750 days UKBA will find it easier to refuse your application but your overall circumstances will be taken into account before making a decision. You have to present strong points in your favour so that UKBA cant refuse your application. Strong connections to the UK,your history (family and relatives in the UK)and conduct in the UK,your employment, Investment in the UK such as housing or business and charitable works are the major points.

Hey Graceofgod,

Thank you very much for drawing my attention to the dates calculations, I didn't count the departure day. so my only issue now is I exceeded the number of days required.
Do you think my chance is higher to get be granted with ILR?

Thank you in advance guys

Graceofgod wrote:

master_student wrote:Guys I'm really dispirit, any help will be much appreciated.

Thank you

To be honest with you , your case is considered as non straightforward as your absences are way beyond threshold. One off 181 days absences at one stretch can probably be overlooked or justified if you were sick or missed the flight. By the way did you exclude the day of departure and arrival from total absences. For total absences of 750 days UKBA will find it easier to refuse your application but your overall circumstances will be taken into account before making a decision. You have to present strong points in your favour so that UKBA cant refuse your application. Strong connections to the UK,your history (family and relatives in the UK)and conduct in the UK,your employment, Investment in the UK such as housing or business and charitable works are the major points.

I have called couple of immigration lawyers, few of them told me that they are confident to win my case for a price of £1000 to £1700 where others told me that my "continuous residence" is considered to be broken. So guys what do you think in my case?

I have been out of the UK for about 750 days in total shall I qualify for an ILR (10 years long residency)

I really appreciate your advices and help

Thank you in advance

Graceofgod wrote: To be honest with you , your case is considered as non straightforward as your absences are way beyond threshold. One off 181 days absences at one stretch can probably be overlooked or justified if you were sick or missed the flight. By the way did you exclude the day of departure and arrival from total absences. For total absences of 750 days UKBA will find it easier to refuse your application but your overall circumstances will be taken into account before making a decision. You have to present strong points in your favour so that UKBA cant refuse your application. Strong connections to the UK,your history (family and relatives in the UK)and conduct in the UK,your employment, Investment in the UK such as housing or business and charitable works are the major points.

master_student wrote:I have called couple of immigration lawyers, few of them told me that they are confident to win my case for a price of £1000 to £1700 where others told me that my "continuous residence" is considered to be broken. So guys what do you think in my case?

I have been out of the UK for about 750 days in total shall I qualify for an ILR (10 years long residency)

I really appreciate your advices and help

Thank you in advance

Graceofgod wrote: To be honest with you , your case is considered as non straightforward as your absences are way beyond threshold. One off 181 days absences at one stretch can probably be overlooked or justified if you were sick or missed the flight. By the way did you exclude the day of departure and arrival from total absences. For total absences of 750 days UKBA will find it easier to refuse your application but your overall circumstances will be taken into account before making a decision. You have to present strong points in your favour so that UKBA cant refuse your application. Strong connections to the UK,your history (family and relatives in the UK)and conduct in the UK,your employment, Investment in the UK such as housing or business and charitable works are the major points.

As you may have seen on UKBA guidance, ILR on long residence basis is classed as being discretionary where there is no automatic right of getting ILR on completion of 10 years long residence in the UK. Every case is assessed on its own merit taking all the aforementioned factors into account. I have seen on this forum and other forum that some applicants have managed to secure their ILR with the help of solicitors despite having a huge break in continuous residency and gaps in visas.It is advisable that one should check the credibility of solicitors (track record in terms of dealing with the similar cases if possible) and go ahead.
yes your continuous residence is broken but it does not mean that there is no hope.

Thank you again Graceofgod.

I'm just wondering if I apply for myself and in case my application gets rejected, I will contact a lawyer to take my case.

Is it feasible? Is there an appeal in case I get my application rejected.

Thanks for you help guys