ILR 10-year rule

[penanglad]

I have been in the UK since 1996 and was wondering if anyone has recently applied for ILR under the 10 year (long residence) rule?

The continuous residence criteria seem to be impossible to fulfil, since when I was a student it would often happen that my leave expired in July and I would be granted new leave when I came back from my summer holiday in September. Also, after my studies I had to go back to apply for a working holiday visa in my home country, so there is no continuity there either.

There is no way I have spent less than 1.8 months per year on average over the ten years - I went back on average 2.5 months a year, and during the 10 years I had two 4-5 month periods when I travelling overseas with the intention of returning to the UK. I thought previously the rule was that as long as you weren't out of the country for more than 6 months you should be fine as long as your ties to the UK were continuing and the absences were not too frequent.

I think my application would succeed under the old concession, but the new rule seems to be too strict. However, the IDI guidance hasn't changed, and has even been given a new Sep/04 date. Does the concessionary scheme run alongside the statutory scheme?