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Visa types/ gaps allowed for 10 year route?
Posted: Tue May 05, 2020 4:18 pm
by PatrickMMC
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.
Re: Visa types/ gaps allowed for 10 year route?
Posted: Tue May 05, 2020 4:24 pm
by seagul
PatrickMMC wrote: ↑Tue May 05, 2020 4:18 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.
Re: Visa types/ gaps allowed for 10 year route?
Posted: Wed May 06, 2020 3:15 pm
by PatrickMMC
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).
Re: Visa types/ gaps allowed for 10 year route?
Posted: Wed May 06, 2020 3:45 pm
by zimba
PatrickMMC wrote: ↑Wed May 06, 2020 3:15 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
Re: Visa types/ gaps allowed for 10 year route?
Posted: Wed May 06, 2020 4:10 pm
by CR001
Zimba wrote: ↑Wed May 06, 2020 3:45 pm
PatrickMMC wrote: ↑Wed May 06, 2020 3:15 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.
Re: Visa types/ gaps allowed for 10 year route?
Posted: Wed May 06, 2020 6:32 pm
by secret.simon
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.