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more than 18 months outside of UK

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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miska
Newly Registered
Posts: 1
Joined: Mon Jul 26, 2010 11:37 am

more than 18 months outside of UK

Post by miska » Mon Jul 26, 2010 6:46 pm

Hello everyone,

I have not used this service before but I need some help with the ILR. I have been in uk for 9.5 years as a full time student and my visas have been one after the other with no gaps. I have no legal problems. However Being a student I have spent an avareage of 3 months outside of UK each year, which is a lot more than 18 months for the 10 year period. But i never spent more than 6 months away from UK. I have read the rules in hommeoffice website and i fullfill everything apart the 18 months.
Is there any exception to the rule for students as we leave for the school holydays???
Do you think I will be able to apply in Jan 2011 when i will be 10 yrs in UK eventhough i have spent more than 18 months away overall???

I would appriciate a lot your advice as I have asked a lot of people but I have had mixed opinions and I dont know where I stand??

Thank you in advance.

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: more than 18 months outside of UK

Post by geriatrix » Mon Jul 26, 2010 7:14 pm

miska wrote:Do you think I will be able to apply in Jan 2011 when i will be 10 yrs in UK eventhough i have spent more than 18 months away overall?
IMHO, no. See IDI -> Chapter 18: Long residence.


regards

bb21
Junior Member
Posts: 73
Joined: Tue May 20, 2008 4:21 pm

Post by bb21 » Tue Jul 27, 2010 3:25 pm

I'm with sushdmehta I'm afriaid. There are no concessions or discretions regarding this requirement so you will have to wait unfortunately until your leaves total less than 18 months.

Harsh but there is nothing you can do.

baggioc0263
Newly Registered
Posts: 13
Joined: Mon Jun 21, 2010 10:40 am
Location: london

Re: more than 18 months outside of UK

Post by baggioc0263 » Tue Jul 27, 2010 5:03 pm

miska wrote:Hello everyone,

I have not used this service before but I need some help with the ILR. I have been in uk for 9.5 years as a full time student and my visas have been one after the other with no gaps. I have no legal problems. However Being a student I have spent an avareage of 3 months outside of UK each year, which is a lot more than 18 months for the 10 year period. But i never spent more than 6 months away from UK. I have read the rules in hommeoffice website and i fullfill everything apart the 18 months.
Is there any exception to the rule for students as we leave for the school holydays???
Do you think I will be able to apply in Jan 2011 when i will be 10 yrs in UK eventhough i have spent more than 18 months away overall???

I would appriciate a lot your advice as I have asked a lot of people but I have had mixed opinions and I dont know where I stand??

Thank you in advance.
I would like to know how much time you spend outside the UK. If the period is not a lot more than 18 months, you probably have the chance to get the grant of ILR. If the period is apprantly over 18 months, you are not entitled to continuous lawful residence in the UK unless you have compelling and exceptional reasons such as your serious illness which result in you unable to fly back to the UK.
If you need some more advices please call No business promotion.

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