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ILR based on 10 years as a student ..... gap ??

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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

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baleg
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Joined: Thu Jul 08, 2010 12:45 pm

ILR based on 10 years as a student ..... gap ??

Post by baleg » Thu Jul 08, 2010 1:43 pm

hi

i will complete 10 years as a student he in the UK in SEP2010

i came to the uk in SEP 2000 as dependent student visa with my father who came to the uk to do hi postgrad. he finished his studies and went back home by himself and i stayed in the uk until now compeleting postgrad studies

now, between OCT 2007 and APR 2008 (6 MONTHS) i went to France to do a training job with a company, in the same time my student visa was valid until 31 JAN 2008. however, during the time between OCT 2007 and APR 2008 i needed to visit the uk to see some friends so i applied for a uk visitor visa from France for six months (NOV 2007 - MAY 2008). during this time i decided to return to the uk complete my studies starting from (MAY 2008 - OCT 2011) with a new student visa

so, i have a three months gaps between (end of JAN - 1st MAY 2008) filled with a visitor visa.

can i apply for ILR or i am not eligible

thanks

vinny
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Posts: 30375
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Fri Jul 09, 2010 1:38 am

See also Long Residence (Old guidance) (276A-276DH). Form SET (LR) (Extension: FLR(LR)).

What are the 10 and 20 year rules on long residence?

Premium application now possible.

Any legal catergory/leave, including visitor status, may be included. However, note that
vinny wrote:Visitors applying for ILR or another category may be refused under 322(7) because of 41(i) & (ii), unless there was a change of circumstances.
Includes people under the EEA regulations.

Note that dependants cannot be included. See also what category and what form?

Non-PBS dependants who satisfy 196E or 198 may apply for SET(O) directly. However, it may be different for PBS-dependants.
UK-born children may be entitled to register for British citizenships.

Overstayers may apply for entry clearance (unless they had been refused leave before departing the UK) or leave to remain within 28 days.

There is no concession relating to entry clearance (Start date). Early applications.


Long residence
Early applications
This page tells you what you must do if you receive an application for indefinite leave on the basis of long residence before an applicant has completed their period of 10 years qualifying leave.

You must consider all valid applications, even if the applicant has not yet completed the necessary qualifying period for indefinite leave. The long residence rule requires applicants to have at least 10 years continuous residence in the UK before they can qualify for indefinite leave.

Applications being considered more than 28 days before the required qualifying period is completed

If you are considering an application more than 28 days before the applicant completes the required qualifying period for long residence you must refuse. This is because the applicant has not completed the required period of leave in the UK.

You must fully consider the case and mention any other reasons for refusal in addition to the applicant not spending enough time in the UK to complete the qualifying period. For example, all breaks in continuous residence.

Applicants who are refused under the long residence rules due to them submitting their application too early can re-apply once they have completed their qualifying leave or up to 28 days before this.

Applications being considered 28 days or less before the required qualifying period is completed

You can grant an application if it is considered 28 days or less before the applicant completes the required qualifying period, provided they meet all the other rules for long residence.
Related: Appendix FM 1.0b: family life (as a partner or parent) and private life: 10-year routes.

Some cases:

When is a month not a month? > Chang (paragraph 276A(a)(v); 18 months?) Hong Kong [2021] UKUT 65 (IAC) (26 February 2021)

Welcome Court of Appeal U-turn on ten-year lawful residence gaps, Court of Appeal rebukes poor drafting of Immigration Rules > Hoque & Ors v The Secretary of State for the Home Department [2020] EWCA Civ 1357 (22 October 2020) (opinion)
Does ANY overstaying rule out settlement after 10 years’ long residence? Confusion after Court of Appeal ruling
HU044042018 [2019] UKAITUR HU044042018 (19 March 2019) 39E
HU097662017 [2019] UKAITUR HU097662017 (14 January 2019) (over 540 days fail)
Ahmed, R (on the application of) v Secretary of State for the Home Department (para 276B – ten years lawful residence) [2019] UKUT 10 (23 October 2018) (276B(v) unhelpful to 276B(i)(a))
HU183452016 [2018] UKAITUR HU183452016 (11 October 2018) (date of entry - start)
HU106472016 [2018] UKAITUR HU106472016 (6 June 2018) (Temporary Admission, Discretionary leave, EEA regulations)
The case of Stoly Jankovic: what are the 10 and 20 year rules on long residence?
IA330842015 [2017] UKAITUR IA330842015 (19 September 2017) (over 540 days success)
Khan, R (on the application of) v Secretary of State for the Home Department [2016] EWCA Civ 416 (04 May 2016) (acceptable documents [57] – [63])
MM (Mauritius) v Secretary of State for the Home Department [2015] EWCA Civ 1591 (23 October 2015) (over six months failed)
IA366242014 [2015] UKAITUR IA366242014 (28 August 2015) (over 540 days)
IA056742014 [2015] UKAITUR IA056742014 (14 August 2015) (satisfies requirements on date of decision)
IA028252014 [2015] UKAITUR IA028252014 (13 July 2015) (within 28 days overstay)
IA157172014 [2015] UKAITUR IA157172014 (1 July 2015) (over six months absence success)
Haleemudeen v Secretary of State for the Home Department [2014] EWCA Civ 558 (02 May 2014)
IA283722013 & IA451502013 [2014] UKAITUR IA283722013 (28 March 2014)
LL (China) v Secretary of State for the Home Department [2009] EWCA Civ 617 (21 May 2009)
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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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