Immigrationboards.com

Hi,

Please see below guideline from UKBA and confusion is in red colour which I have consulted with many solicitors and they have given advice which contradicts to guideline
2. Eligibility

You must have permission to stay (‘leave to remain’). This can be in any immigration category, or a combination of different immigration categories.

You must also have:
been in the UK legally for 10 years (known as your ‘continuous residence’)
kept to the terms of your UK visa

If you’re aged 18 to 65 years old, you must:
pass the Life in the UK Test
prove you have sufficient English language skills

If you don’t meet these 2 requirements you can apply to extend.

Your 10-year qualifying period starts from either:
when you arrived in the UK with a visa
when you were given permission to stay in the UK
Above say I can apply from date when I was given permission for example it was in July-2006 but I entered country in Aug-2006 so some solicitor say my qualifying period start from visa stamp date which was in July-2006 so I can apply in June-2016 but some say my qualifying period starts from the date I entered the UK so I can apply in July-2006(28 days before qualifying period) so it is very confusion, your help will be much appreciated.
I really want to apply in June-2016 if possible due to different circumstances.

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
540 days in total

You can’t count time spent in:
a prison, young offender’s institution or secure hospital
the Republic of Ireland, Isle of Man or Channel Islands

Y

our 10-year qualifying period starts from either:
when you arrived in the UK with a visa
when you were given permission to stay in the UK
Above say I can apply from date when I was given permission for example it was in July-2006 but I entered country in Aug-2006 so some solicitor say my qualifying period start from visa stamp date which was in July-2006 so I can apply in June-2016 but some say my qualifying period starts from the date I entered the UK so I can apply in July-2006(28 days before qualifying period) so it is very confusion, your help will be much appreciated.
I really want to apply in June-2016 if possible due to different circumstances.

If you applied for a visa from home country, the date that starts your qualify period is the date you ENTERED the UK.

when you were given permission to stay in the UK

The above refers to people who gained legal status (i.e. illegal immigrants for example) while in the UK, such as Discretionary Leave to Remain. This point is NOT relevant to you.

CR001 wrote:Y

our 10-year qualifying period starts from either:
when you arrived in the UK with a visa
when you were given permission to stay in the UK
Above say I can apply from date when I was given permission for example it was in July-2006 but I entered country in Aug-2006 so some solicitor say my qualifying period start from visa stamp date which was in July-2006 so I can apply in June-2016 but some say my qualifying period starts from the date I entered the UK so I can apply in July-2006(28 days before qualifying period) so it is very confusion, your help will be much appreciated.
I really want to apply in June-2016 if possible due to different circumstances.

If you applied for a visa from home country, the date that starts your qualify period is the date you ENTERED the UK.

when you were given permission to stay in the UK

The above refers to people who gained legal status (i.e. illegal immigrants for example) while in the UK, such as Discretionary Leave to Remain. This point is NOT relevant to you.

Thank you very much for your response, Yes my visa was granted from home country after appeal. Can you please let me know which immigration paragraph say stamp date not belong to me and it belong to people who gain legal status while in the country?

Thanks a lot

276B wrote:(i) (a) he has had at least 10 years continuous lawful residence in the United Kingdom.

Lawful residence in the UK cannot start before the applicant initially enters the UK, by definition.

There is no concession to substitute the effective date of entry clearance in the caseworker's instructions under the Long residence category.

Eligibility

You must also have:

been in the UK legally for 10 years (known as your ‘continuous residence’)
kept to the terms of your UK visa
....

Your 10-year qualifying period starts from either:

when you arrived in the UK with a visa
when you were given permission to stay in the UK

vinny wrote:

276B wrote:(i) (a) he has had at least 10 years continuous lawful residence in the United Kingdom.

Lawful residence in the UK cannot start before the applicant initially enters the UK, by definition.

There is no concession to substitute the effective date of entry clearance in the caseworker's instructions under the Long residence category.

Thank you very much for your help.

Also I have been away twice for 5 months during this 10 year period and in total 520days will that be a problem ? according to 2 of the solicitor if I have been away more than 3 months it will cause issue?

Can you please advice?

Thanks a lot

Absence of 180 days or more will be a break in your continuous residence.

You should not have more than 540 days absence in the whole 10 year qualifying period and no absence of 180 days or more in one go.

CR001 wrote:Absence of 180 days or more will be a break in your continuous residence.

You should not have more than 540 days absence in the whole 10 year qualifying period and no absence of 180 days or more in one go.

Thank you very much for your help.

vinny wrote:

276B wrote:(i) (a) he has had at least 10 years continuous lawful residence in the United Kingdom.

Lawful residence in the UK cannot start before the applicant initially enters the UK, by definition.

There is no concession to substitute the effective date of entry clearance in the caseworker's instructions under the Long residence category.

Hi Vinny,

I am waiting for my curtailment letter which is expected to give me 60 days so I will be short of about 30days even after taking out 28days. Can you please advise what I can do time cover this 30days or will home except my application short of 30days from qualifying period?

Thanks a lot