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Visa types/ gaps allowed for 10 year route?

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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PatrickMMC
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Visa types/ gaps allowed for 10 year route?

Post by PatrickMMC » Tue May 05, 2020 3:18 pm

Hello,

Curious if I will qualify for 10 year ILTR in 2022 as I've maintained a residence in the UK since 2012 on a combination of visitor visas, LTR(M), and Tier 4. I've never overstayed, but have periodically been out of the UK for several months for academic research, vacation, et al.

Any guidance appreciated.

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seagul
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Re: Visa types/ gaps allowed for 10 year route?

Post by seagul » Tue May 05, 2020 3:24 pm

PatrickMMC wrote:
Tue May 05, 2020 3:18 pm
Hello,

Curious if I will qualify for 10 year ILTR in 2022 as I've maintained a residence in the UK since 2012 on a combination of visitor visas, LTR(M), and Tier 4. I've never overstayed, but have periodically been out of the UK for several months for academic research, vacation, et al.

Any guidance appreciated.
You must not have been outside the UK for more than 180 days in a single visit or 540 days during the last 10 years. Otherwise your continuous residence will be broken.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

PatrickMMC
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Re: Visa types/ gaps allowed for 10 year route?

Post by PatrickMMC » Wed May 06, 2020 2:15 pm

Thank you very much for the reply.

One further question: Are there any exemptions to the 540 day limit for time outside of the UK over that 10 years? I ask as several three-month spans were outside the UK doing formal humanitarian work for the EU (while still based in London).

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zimba
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Re: Visa types/ gaps allowed for 10 year route?

Post by zimba » Wed May 06, 2020 2:45 pm

PatrickMMC wrote:
Wed May 06, 2020 2:15 pm
Thank you very much for the reply.

One further question: Are there any exemptions to the 540 day limit for time outside of the UK over that 10 years? I ask as several three-month spans were outside the UK doing formal humanitarian work for the EU (while still based in London).
No there are no exemptions. Discretion is only applied in exceptional circumstances where the long absence was completely outside your control and unrelated to your line of work
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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CR001
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Re: Visa types/ gaps allowed for 10 year route?

Post by CR001 » Wed May 06, 2020 3:10 pm

Zimba wrote:
Wed May 06, 2020 2:45 pm
PatrickMMC wrote:
Wed May 06, 2020 2:15 pm
Thank you very much for the reply.

One further question: Are there any exemptions to the 540 day limit for time outside of the UK over that 10 years? I ask as several three-month spans were outside the UK doing formal humanitarian work for the EU (while still based in London).
No there are no exemptions. Discretion is only applied in exceptional circumstances where the long absence was completely outside your control and unrelated to your line of work
In addition to Zimba's post above, members have received refusals due to exceeding the absence limit even when they had evidence of compassionate or compelling reasons.

Note that if your application is refused, you lose your fee that you paid.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
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Re: Visa types/ gaps allowed for 10 year route?

Post by secret.simon » Wed May 06, 2020 5:32 pm

You may also want to read this old post by me on how the 10 year route differs from other ILR routes. Also click through on the link within the post for a fuller explanation.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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