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ILR with Leave to Enter

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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mktsoi
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ILR with Leave to Enter

Post by mktsoi » Mon Jan 10, 2011 1:46 pm

I read some info in UKBA website already. I did not understand all of it about ILR. I had few years Leave to Enter as student in UK. After I left UK, I enter UK every 6 months with limited Leave to Enter as Visitor for 6 years. I was wondering. If all those time I had added up for more than 10 years, would I qulify to apply ILR as Long Resident?

Thank you;

geriatrix
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Post by geriatrix » Mon Jan 10, 2011 2:04 pm

See also Long residence (276A-276D).


regards

mktsoi
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Post by mktsoi » Mon Jan 10, 2011 2:13 pm

sushdmehta wrote:See also Long residence (276A-276D).


regards
Thank you for the link. I read that already. I live in Republic of Ireland but I am non Visa National. I do have a house in UK and I go over to see it few times a year. I read that all the common travel area will be excluded from long residence calculation but I do have stamps Leave to Enter as Visitor on my passport for longer than 10 years. I read it on Point 8 in the link you provided about Indefinite Leave to Enter. I was wondering. Would my time as visitor qualify for long residence at all or not??

Thankx

mktsoi
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Post by mktsoi » Mon Jan 10, 2011 3:16 pm

sushdmehta wrote:See also Long residence (276A-276D).


regards
Sorry, I mean this link

http://www.ukba.homeoffice.gov.uk/sitec ... chapter18/

It is a PDF file from UKBA

vinny
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Post by vinny » Mon Jan 10, 2011 7:06 pm

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.

mktsoi
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Post by mktsoi » Mon Jan 10, 2011 7:24 pm

Thank you for the information. I am a non visa national so I can travel to UK prior getting a visitor visa. I was studying in UK lawfully for few years than I went off to work in Ireland. My problem is about my visitor stamps. Actually, traveling from Republic of Ireland to UK has no immigration stamps because of common travel area arrangement between UK an Ireland. You might ask why do I visit UK few times per year. I do have a property in UK and I go over to visit for few years because of that and I have the property since 2001 and I pretty much go over every few months for the past 10 years. I have never had a Leave to Enter stamps from UK immigration by going over from Ireland to UK. All my Leave to Enter stamps are from being in UK at earlier years and every year when I go back to Aisa and pass throught London. The immigration officer in London had never refused to stamp on my passport as long as I show them my Irish Stamp on my passport. Also, I have been grant permanent residence in Ireland. I doubt UKBA will stop me to visit UK or refuse to stamp on my passport.

If it is like you mentioned that the visitor condition can take into account for the long residence application. How do I show them that I go over to UK 2 or 3 times a year since I am living in the common travel area? Please advise

Thank you

vinny
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Post by vinny » Mon Jan 10, 2011 7:35 pm

Did you keep receipts of the travel tickets, boarding cards, etc.?
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.

mktsoi
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Post by mktsoi » Mon Jan 10, 2011 8:13 pm

vinny wrote:Did you keep receipts of the travel tickets, boarding cards, etc.?
I think I should be able to find most of the tickets anyway, but I would be more concern if they would take all these into account since the common area arrangement. Any idea?

Thank you

mktsoi
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Post by mktsoi » Wed Jan 12, 2011 3:48 pm

I just spoke to Home Office in Croydon. The lady told me over the phone that Leave to Enter Visitor status or Travel between UK and any common travel area is not included even I do or dont have any Leave to Enter Visitor status. Anyone any comments?

Thank you;

PaperPusher
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Post by PaperPusher » Wed Jan 12, 2011 4:11 pm

How long do you spend on each visit to your house in the UK, ie how many days a year have you been in the UK in the past few years?

mktsoi
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Post by mktsoi » Wed Jan 12, 2011 4:34 pm

PaperPusher wrote:How long do you spend on each visit to your house in the UK, ie how many days a year have you been in the UK in the past few years?
I would say I spend average 1.5 months per year there. Here is the question. If Leave to Enter as Visitor does not count towards to 10 years. Than I can wrap up all the discussion in this post and forget about it. It makes me wonder sometime that if the person answer the phone in Croydon knows what they are talking about anyway. The lady I spoke to, she said even I am in the common travel area, if I fly to anywhere in UK. It will be immigration officer stamps on my passport. I flew to Edinburgh, Glasgow and London before. As far as I remember, there were only couple of person on the exit gate from Home Office but they were never asked for any passport from any passengers. Should I turn myself into those people minding the exit gate and ask for a stamp?

Let me change the situation abit. What if I work in Republic of Ireland and live in Northern Ireland? Everyone knows Home Office rarely stop anyone to drive from Irish Republic to Northern Ireland for past 10 years. May be they have done that before but I certainly when I drove back to Scotland for past 10 years had never happened to me. I was wondering. If I have a house in Northern Ireland instead of mainland UK, I go work in Irish Republic and go back to sleep in my house in Northern Ireland for 14 years. Would Home Office still telling me because I was visiting only and it would not count towards to the 10 or 14 years long residence application?

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Post by geriatrix » Wed Jan 12, 2011 7:46 pm

Visitor status may be included though the onus is on the applicant to provide evidence of his stay in the UK during the 10 years in consideration.

1. On how many instances (approx.) in the last 10 years have you not travelled to UK mainland within 6 months of the last visit there?
2. Have you spent more than 18 months (in total) living outside the UK in the last 10 years?


regards
Last edited by geriatrix on Wed Jan 12, 2011 8:06 pm, edited 1 time in total.

mktsoi
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Post by mktsoi » Wed Jan 12, 2011 8:03 pm

sushdmehta wrote:Visitor status may be included though the onus is on the applicant to provide evidence of his stay in the UK during the 10 years in consideration.

1. On how many instances (approx.) in the last 10 years have you not travelled to UK mainland within 6 months of the last visit there?
2. Have you spent more than 18 months (in total) living outside the UK in the last 10 years?


regards
I go to UK at least 2 or 3 times a year and every time is within 6 months. I only have the boat and plane tickets as proof. The problem is about the Visitor Status. Home Office just told me over the phone today that Leave to Enter as Visitor do not count towards to the 10 years rule. Also, they told me that if I fly from Republic of Ireland to UK, I would have been giving a stamp as visitor anyway but I have not been giving any stamps at all because Republic of Ireland is within the common travel area.

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Post by Greenie » Wed Jan 12, 2011 8:08 pm

Have you been out of the UK for a total period of 18 months over the last 10 years?

mktsoi
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Post by mktsoi » Wed Jan 12, 2011 8:15 pm

Greenie wrote:Have you been out of the UK for a total period of 18 months over the last 10 years?
nope

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Post by Greenie » Thu Jan 13, 2011 10:00 am

So in your 6 years coming here as a visitor, how much time in total have you spent in the UK?

PaperPusher
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Post by PaperPusher » Thu Jan 13, 2011 7:31 pm

mktsoi wrote:
Greenie wrote:Have you been out of the UK for a total period of 18 months over the last 10 years?
nope
If you have been to the UK two or three times a year for one and a half months a time, that means the maximum time you have been in the UK in those years is four and a half months with seven and a half months spent out of the UK, this is using your figures.

It is the amount of time spent in the UK that counts, not adding up the stamps.

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