Concession for ILR with 2.5 months gap?

[nangvil]

Following the discussion regarding ILR with gap, I would appreciate if someone could give me their opinion in my case.

I arrived in 1999 to do my A-levels. At that time, I was granted student visa between January 1999 to June 2000. During that period of time, I applied through UCAS for medical school and was offered a conditional offer(subject to me getting my grades in June 2000).I could furnish documents to support my claim that applications were made during that period. After finishing my A-levels, I left the country in June 2000 back to far east for summer holiday/work experience.

In September, I received the formal offer for university and arrived back in this country under a fresh 5 year visa(2000-2005). Between 2005 till now, I have been on permit -free training and HSMP.

My question is what are the chances of me successfully applying for ILR in Jan 2009 based on the 10 year criteria with a gap between July- September 2000? Would I be able to argue that I had the intention to return to this country with the applications and conditional offer I have received through UCAS? Plus, during that 2.5 months period, I did do some work experience at various places to boost my undergraduate studies.

Many thanks for your help.

[vinny]

See also AIT's (14/05/2008) Long Residence 'continuous residence' interpretation.

[nangvil]

Thanks for reply.

I have been reading the Immigration Laws (paragraph 276(A)aii). Do u think I can put to them that I did leave the UK with clear intentions to return?

Any other suggestions?

Thanks for your help.

[iceman010899]

hi,

Sorry mate you didnt have leave when you left in 2000. If you had leave whilst abroad and returned in 2.5 months then its fine. But in your case 2.5 out of the country without leave breaks the long residency rules.

Can you not apply under HSMP+work permit ? I think you will be eligible in 2010 for ILR.

[nangvil]

I realised that the 2.5 months leaves a gap in the 10 year period.

But, after reading Vinny's article on the 'interpretation', it does seem there are a lot of other cases where the home office make certain concessions, mostly through appeals though.

Anyone else have any other suggestions?

[William Blake]

Vinny,

That's quite an informative post. Is this judgement then binding on all who apply for ILR on ten years long residence ?. It stated in part:

The principle, as it seems to us, under paragraph 276A, is that, subject to stated exceptions, a person who has had at least ten years continuous lawful residence in the United Kingdom is entitled to indefinite leave to remain. Such indeed is what is spelt out at paragraph 276B. But it seems to us to be inconsistent with the purpose of the provision to write into it, as it were, a further requirement that a person who is absent for a period of six months or less at any one time both left and returned with the same leave. If it had been thought to be sufficiently important to make that a requirement of the Rule, then we can see no reason why it would not have been drafted in those terms. There is no suggestion that the appellant has behaved unlawfully in this case at any stage. She has, on both occasions which are in issue before us, obtained further leave before the previous leave expired. The only difference is that she happened to be out of the country at the time when she renewed that leave rather than being within the country. We do not take the same view as the Immigration Judge about the use of the words “andâ€

[RAJ2007]

Vinny,

Very good information.