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Apply for ILR using 10 year long residence

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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alimohamedhamed
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Joined: Sat Jan 23, 2021 11:21 am
Libya

Apply for ILR using 10 year long residence

Post by alimohamedhamed » Sat Jan 23, 2021 6:23 pm

Hi I am planning to apply for ILR using my 10 yearlong residence and this is my travel history:

•The first visa was: a visit visa (student visitor) to study English language.
Issued 12.02.2012 expired 13.01.2013
I entered the UK on 07.04.2012

• On 06.08.2012 I returned to my country and I applied for a new visa:
Visa tier 4 general student
Issued 07.09.2012 expired 21.08.2013
I entered the UK on 27.09.2012

•On 26.07.2013 I returned to my country, I applied for a new visa: tier 4 general student visa to study for Ph.D.
Issued 09.09.2013 expired 29.01.2018

• On 12.12.2017 I applied for asylum
I was granted humanitarian protection (HP)
Issued 08.08.2018 expires 17.06.2023.

My questions:

1.does the first visa (visit visa student visitor) count towards the 10-year residency?
2.which date should I use to calculate the ten years. The entry date or the first issued visa date?
3.Regarding my travel history, explained above, do I have any gaps that broke my 10-year residency?
4.If I can apply for ILR through the 10-year residency, what is the earliest date I can do so?

Thank you so much for your help in advance

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CR001
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Re: Apply for ILR using 10 year long residence

Post by CR001 » Sat Jan 23, 2021 6:46 pm

1. All visa count.

2. Date if entry to the UK.

3. Any single absence of 180 days breaks residence and total absence of 540 days makes you ineligible. There is no discretion.

4. No sooner than within 28 days before the 10th anniversary of the date you entered the UK.
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.

alimohamedhamed
Newly Registered
Posts: 26
Joined: Sat Jan 23, 2021 11:21 am
Libya

Re: Apply for ILR using 10 year long residence

Post by alimohamedhamed » Sat Jan 23, 2021 7:31 pm

Than you so much for your prompt reply,
As you can see from my travel history above, my second visa expired when I was in my country, I was issued another visa 19 days later. Did this break my continuous residency?

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CR001
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Re: Apply for ILR using 10 year long residence

Post by CR001 » Sat Jan 23, 2021 7:42 pm

alimohamedhamed wrote:
Sat Jan 23, 2021 7:31 pm
Than you so much for your prompt reply,
As you can see from my travel history above, my second visa expired when I was in my country, I was issued another visa 19 days later. Did this break my continuous residency?
No!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

alimohamedhamed
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Posts: 26
Joined: Sat Jan 23, 2021 11:21 am
Libya

Re: Apply for ILR using 10 year long residence

Post by alimohamedhamed » Sat Jan 23, 2021 8:06 pm

Thanks a lot!

poper
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India

Re: Apply for ILR using 10 year long residence

Post by poper » Sat Jan 23, 2021 8:40 pm

https://assets.publishing.service.gov.u ... 6.0ext.pdf

Most of your questions will get cleared when you read some of the examples in the above regarding continuous residence
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

alimohamedhamed
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Posts: 26
Joined: Sat Jan 23, 2021 11:21 am
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Re: Apply for ILR using 10 year long residence

Post by alimohamedhamed » Thu Jan 28, 2021 12:24 am

poper wrote:
Sat Jan 23, 2021 8:40 pm
https://assets.publishing.service.gov.u ... 6.0ext.pdf

Most of your questions will get cleared when you read some of the examples in the above regarding continuous residence
Thank you for your reply, I read the paragraph about Treatment of temporary admission or
temporary release. but I couldn't find anything about the visitor visa. in my case, I entered the UK on a visitor visa and then I changed before it expired to a tier 4 student visa so is the period that I spent under a visitor visa will be counted towards the 10 years or not?

Thanks

poper
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India

Re: Apply for ILR using 10 year long residence

Post by poper » Thu Jan 28, 2021 10:11 am

https://www.gov.uk/long-residence

Overview
You can apply to settle in the UK if you’ve been in the UK legally for 10 continuous years (known as ‘long residence’).


All visas count towards legal residence
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

alimohamedhamed
Newly Registered
Posts: 26
Joined: Sat Jan 23, 2021 11:21 am
Libya

Re: Apply for ILR using 10 year long residence

Post by alimohamedhamed » Thu Jan 28, 2021 11:55 am

Thanks

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