General UK immigration & work permits; don't post job search or family related topics!
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rizcom123
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by rizcom123 » Thu Feb 12, 2009 3:53 pm
Hi Experts,
Please can you tell us, what is the minimum days of absences can have for those who are applying under long residence (10 Years) category. Because I was under Student Visa for 8 and half years and now holding a HSMP for last 1 and half.
So far I had 255 days of absence within last 10 years, will it be a problem?? within 255 days, I had 110 days absence in one go (I mean I had 110 days off from briton while I was a student in 2006). Do you think it's going to be a problem when I go on premium service for PR????????????????
Thanks in advance,
Regards,
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vinny
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by vinny » Thu Feb 12, 2009 11:13 pm
Part 7 - Other Categories wrote:Long residence
Long residence in the United Kingdom
276A. For the purposes of paragraphs 276B to 276D:
(a) "continuous residence" means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant:
(i) has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or
(ii) has left the United Kingdom and, on doing so, evidenced a clear intention not to return; or
(iii) 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
(iv) has been convicted of an offence and was sentenced to a period of imprisonment or was directed to be detained in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), provided that the sentence in question was not a suspended sentence; or
(v) has spent a total of more than 18 months absent from the United Kingdom during the period in question.
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rizcom123
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by rizcom123 » Fri Feb 13, 2009 3:59 pm
vinny wrote:Part 7 - Other Categories wrote:Long residence
Long residence in the United Kingdom
276A. For the purposes of paragraphs 276B to 276D:
(a) "continuous residence" means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant:
(i) has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or
(ii) has left the United Kingdom and, on doing so, evidenced a clear intention not to return; or
(iii) 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
(iv) has been convicted of an offence and was sentenced to a period of imprisonment or was directed to be detained in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), provided that the sentence in question was not a suspended sentence; or
(v) has spent a total of more than 18 months absent from the United Kingdom during the period in question.
Thank you Vinny, appreciated.
