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Long Residence ILR advice break period

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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l.reddy1994
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India

Long Residence ILR advice break period

Post by l.reddy1994 » Mon Jul 12, 2021 4:01 pm

I'm currently a Tier 4 student in the UK. I have been in the UK for nearly 9 years now. I initially came to the UK in October 2012.

I am looking to apply for the 10-year long residence visa (ILR) in October 2022.
I have stayed well within the limits of being outside of the country and have not left for more than a collective (150 days) within the 9 years I have been here.
I am currently in my final year of PhD studies, and my current Tier 4 visa is coming to an end in a few months, in October 2021.

I am actively job hunting. However, if I cannot secure a position that offers a work sponsorship within that time frame, would it be possible to leave the country (before my visa has expired) and come back within six months, once I can secure a job or another visa?

I wanted to confirm that having less than a 180-day break between visas, would not be considered a break in my 10-year residence in the UK.



In other words, if I return to India before my current visa expiry and obtain a new visa within 6 months from the end of my current visa, thus returning to the UK within 180 days, would this still allow me to apply for an ILR next year?


Any advice would be helpful, please!

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zimba
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Re: Long Residence ILR advice break period

Post by zimba » Mon Jul 12, 2021 4:33 pm

Yes you can. If you leave with a valid visa and return within 6 months, your lawful residence is preserved to apply under long residence
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

vivienne husky
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Re: Long Residence ILR advice break period

Post by vivienne husky » Fri Jul 16, 2021 8:49 pm

Why not apply for Post Doctoral Scheme or PSW to cover the year you need?

l.reddy1994
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India

Re: Long Residence ILR advice break period

Post by l.reddy1994 » Sat Jul 17, 2021 4:59 pm

vivienne husky wrote:
Fri Jul 16, 2021 8:49 pm
Why not apply for Post Doctoral Scheme or PSW to cover the year you need?
Under the new visa rules, this is unfortunately not an option for me.
My visa will expire before I am due to have my viva.

vivienne husky
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Re: Long Residence ILR advice break period

Post by vivienne husky » Sat Jul 17, 2021 6:27 pm

Is it possible to discuss with the Uni to get a T4 extension? Normally they do give you some extra time to at least cover your viva?

l.reddy1994
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Re: Long Residence ILR advice break period

Post by l.reddy1994 » Mon Jul 19, 2021 8:02 am

Yes, I have discussed this.
As vivas are currently held remotely, there is no justification for them to issue an extension.

Saying that, previously, the university rules stipulated that unless you have more experimentation which requires to be done on campus (ie you need to be in the UK), there is no justification to extend your visa, especially if you are near submission.

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