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ILR 10 year route - absence gap

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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xyz1238
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Joined: Mon Nov 15, 2021 4:40 pm
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ILR 10 year route - absence gap

Post by xyz1238 » Mon Nov 15, 2021 4:52 pm

Hello everyone, I am looking to apply for ILR via 10 year legal residence route. All my visas have been continuous, I started living in UK since 2011 on a T4 student visa, then transitioned into T2 general visa with no gaps in my legal status whatsoever.

However, I was absent from UK for a single period over 180 days in 2017. The reason was due to my Ph.D. programme where I left UK and stayed in Canada for 224 days on a Canadian student visa. During which time, I was writing my Ph.D. thesis and came back to UK once the thesis was submitted.

Would anyone be kind enough to give me advice as in am I eligible to apply for ILR via 10 year route? Can this absence period be considered as an exemption?

Many thanks.

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zimba
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Re: ILR 10 year route - absence gap

Post by zimba » Mon Nov 15, 2021 5:51 pm

No you are not eligible as you do not meet the continuous leave requirement. There are no exemptions except when a long absence was totally out of your control and you were physically unable to travel.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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