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ILR 10 year route - absence gap

Posted: Mon Nov 15, 2021 4:52 pm
by xyz1238
Hello everyone, I am looking to apply for ILR via 10 year legal residence route. All my visas have been continuous, I started living in UK since 2011 on a T4 student visa, then transitioned into T2 general visa with no gaps in my legal status whatsoever.

However, I was absent from UK for a single period over 180 days in 2017. The reason was due to my Ph.D. programme where I left UK and stayed in Canada for 224 days on a Canadian student visa. During which time, I was writing my Ph.D. thesis and came back to UK once the thesis was submitted.

Would anyone be kind enough to give me advice as in am I eligible to apply for ILR via 10 year route? Can this absence period be considered as an exemption?

Many thanks.

Re: ILR 10 year route - absence gap

Posted: Mon Nov 15, 2021 5:51 pm
by zimba
No you are not eligible as you do not meet the continuous leave requirement. There are no exemptions except when a long absence was totally out of your control and you were physically unable to travel.