10 Year ILR - Advice needed.

[AAC]

Dear ILRproz

Please advise me on the following issue:

I have lived legally in UK since 2000.
Joined private school, then university (BA + MSc), worked for 2 years then setup my business.

I have no gaps between visas, no financial problems, and my business is picking up. (Left my first job on peak of so called 'crisis').

This year I am planning to apply for 10 year ILR.

I have checked my passports for all dates of travel. Created an extensive list and calculated total absence time from UK. It comes up to approximately 1000 days wich is well over 540 allowed.

Looking closely over 550 days of this absences were during my school years (As - A levels), half terms and 'big' holidays. During this times school was shut and as a minor I had to leave to my home country. There was no way to stay in the country even if I wanted to.

Can you give me advice on how to approach such issue when applying for ILR?

Also if not too much trouble where can I find a solid list of documents for 10Y ILR application?

Kindest regards,
AA4

[f2k]

I am not sure if there is a lot of discretion with regards to excess absences. i guess you could put your case forward and hope the caseworker agrees with you otherwise you may have to wait till you are eligible under the 10year rule or otherwise.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

with regards to docs, you just have to prove you were in country for 10years legally. Your passport(s) covering this period will be sufficient. check on the Form Set(O)

[AAC]

I am not sure if there is a lot of discretion with regards to excess absences. i guess you could put your case forward and hope the caseworker agrees with you otherwise you may have to wait till you are eligible under the 10year rule or otherwise.

Dear f2k,

Thank you for quick response. Not sure if you noticed, I have mentioned that I have been a legal resident in UK since 2000. So this year is my 10th year.

10 year rule from what I read only allows 18 month absence from UK?

AA4

[f2k]

yes i did notice.

yes you read correct only 18 months allowed and 18months = 540 days

[AAC]

yes i did notice.

yes you read correct only 18 months allowed and 18months = 540 days

F2K,

Thank you for you reply.

AA4

[joh118]

yes i did notice.

yes you read correct only 18 months allowed and 18months = 540 days

F2K,

Thank you for you reply.

AA4

I believe that you do not qualify due to your excess time spent abroad. The 10 year rule is designed so that only people staying here full-time is eligible.

Your case that you were a minor will not matter because that is not the fault of the UKBA.

Anyway it's a very complicated process, you don't wanna go in there! It takes on average 6 months for applications to be considered.