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Study Placement Gap In Lawful 10 Year Residency
Posted: Thu Feb 04, 2010 10:51 am
by butpatbut
Dear all experts,
I came to UK to study at 28 Aug 2000 and I have been lawfully staying in UK since that time. However, I went to swiss on 2005 for near one year because it was the degree placement via my UK University. (I did pay student fees to the university over that year) I came back after to finish my final year.
My question is would that be affected to get 10 years ILR?
Thanks in advance,
Pat
Posted: Thu Feb 04, 2010 1:15 pm
by butpatbut
Can anyone help me with this?
could not find anything related to this on this web site
thanks
Posted: Thu Feb 04, 2010 1:22 pm
by Wanderer
Seems clear to me, from UKBA IDI's;
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
2.2.3 Events that break continuous residence
Paragraph 276A(a)(i) to (v) lists all circumstances in which continuous residence would be deemed to be broken. This would be instances where:
• the applicant is absent from the UK for a period of more than 6 months at any one time or is absent for a shorter period but does not have valid leave to enter or remain on their departure from and return to the UK.
Did u not return back to UK at any point during that year inside a six month period?
Posted: Thu Feb 04, 2010 1:43 pm
by butpatbut
Wanderer wrote:Seems clear to me, from UKBA IDI's;
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
2.2.3 Events that break continuous residence
Paragraph 276A(a)(i) to (v) lists all circumstances in which continuous residence would be deemed to be broken. This would be instances where:
• the applicant is absent from the UK for a period of more than 6 months at any one time or is absent for a shorter period but does not have valid leave to enter or remain on their departure from and return to the UK.
Did u not return back to UK at any point during that year inside a six month period?
hi Wanderer,
I did not come back to during that year. Still, my placement was linked to the course of my study in UK. Would that be counted as a specially case?
Posted: Thu Feb 04, 2010 2:58 pm
by Wanderer
butpatbut wrote:Wanderer wrote:Seems clear to me, from UKBA IDI's;
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
2.2.3 Events that break continuous residence
Paragraph 276A(a)(i) to (v) lists all circumstances in which continuous residence would be deemed to be broken. This would be instances where:
• the applicant is absent from the UK for a period of more than 6 months at any one time or is absent for a shorter period but does not have valid leave to enter or remain on their departure from and return to the UK.
Did u not return back to UK at any point during that year inside a six month period?
hi Wanderer,
I did not come back to during that year. Still, my placement was linked to the course of my study in UK. Would that be counted as a specially case?
I don't think so, sorry. The HO only considers disaster, famine, death etc as special cases. My gf is in a similar situation, student at the time, year abroad, so we made sure she returned to UK before six months away for a few days.
Posted: Mon Feb 08, 2010 11:22 am
by butpatbut
Thanks for your reply. Why are you so sure about that?
Have you got any friend with this experience to share?
also, I remember it is not more than 90 days in one time rather than 180 days. has she got ILR then?
Posted: Mon Feb 08, 2010 12:29 pm
by Wanderer
butpatbut wrote:Thanks for your reply. Why are you so sure about that?
Have you got any friend with this experience to share?
also, I remember it is not more than 90 days in one time rather than 180 days. has she got ILR then?
1. Because I can read.
2. No
3. Read the IDI
4. No