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Applying for ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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kavithamalempati
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Posts: 2
Joined: Sun Aug 15, 2021 1:00 pm
India

Applying for ILR

Post by kavithamalempati » Sun Aug 15, 2021 1:20 pm

Hi All,

I am planning to apply for my ILR in 10 years route. However I have some queries, can someone please advise. My details below:

I have come to UK on 03rd of May 2011 under Long term established staff (visa granted on 4th of April 2011). Stayed in UK between 03rd of May 2011 - 28th of Feb 2013.

After that I have left UK and travelled back to India for Maternity. My Son is born in April 2013 and due to some complexities couldn't travel back to UK until 15th of Nov 2013. So between these time I have more than 180 days gap.

This year (2021) May 3rd, I have completed my 10 years of stay in UK, but have more than 180 days between those months in 2013.

If I am applying for ILR this month (End of August), will the 10 years be considered from this August to August 2020 as one year and August 2020 to August 2019 as another year etc.

If the one year is calculated back from the day, I am applying the application, I don't have a continuous break of 180 days in any year. But if the 10 years is calculated from the first day I came to UK which is 03rd of May 2011, I have a break of more than 180 days.

Please advise I will be granted ILR or not based on above details and how the 10 years will be calculated.

Thanks.

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CR001
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Re: Applying for ILR

Post by CR001 » Sun Aug 15, 2021 1:28 pm

Long residence doesn't work like that.

You cannot have any absence of 180 days or more at any time in the whole 10 years.

Your ilr continuity is broken, you don't qualify for ILR based on long residence.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

kavithamalempati
Newly Registered
Posts: 2
Joined: Sun Aug 15, 2021 1:00 pm
India

Re: Applying for ILR

Post by kavithamalempati » Sun Aug 15, 2021 3:26 pm

Thanks for the update.

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Applying for ILR

Post by secret.simon » Sun Aug 15, 2021 3:39 pm

You will of course qualify for ILR long Residence on or after 15th November 2023, if you have not had any absences of more than 180 days after that date (and your total absences after that date have been less than 540 days in total).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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