ILR based on 10 years as a student ..... gap ??

baleg · Post by **baleg** » Thu Jul 08, 2010 2:43 pm

hi

i will complete 10 years as a student he in the UK in SEP2010

i came to the uk in SEP 2000 as dependent student visa with my father who came to the uk to do hi postgrad. he finished his studies and went back home by himself and i stayed in the uk until now compeleting postgrad studies

now, between OCT 2007 and APR 2008 (6 MONTHS) i went to France to do a training job with a company, in the same time my student visa was valid until 31 JAN 2008. however, during the time between OCT 2007 and APR 2008 i needed to visit the uk to see some friends so i applied for a uk visitor visa from France for six months (NOV 2007 - MAY 2008). during this time i decided to return to the uk complete my studies starting from (MAY 2008 - OCT 2011) with a new student visa

so, i have a three months gaps between (end of JAN - 1st MAY 2008) filled with a visitor visa.

can i apply for ILR or i am not eligible

thanks

Post by **vinny** » Fri Jul 09, 2010 2:38 am

See also Long Residence (Old guidance) (276A-276DH). Form SET (LR) (Extension: FLR(LR)).

What are the 10 and 20 year rules on long residence?

Premium application now possible.

Changes
Any legal catergory/leave, including visitor status, ***changes to exclude *** may be included (Issue 1 23-32). However, note that

vinny wrote: ↑
Fri Feb 04, 2011 12:05 am
Visitors Visitors applying for ILR or another category may be refused under 9.23.1. ( previously 322(7) ) because of V 4.2 (a) & (c) (previously 41(i) & (ii)), unless there was a change of circumstances.

Includes people under the EEA regulations.

Note that dependants cannot be included. See also what category and what form?

Non-PBS dependants who satisfy 196E or 198 may apply for SET(O) directly. However, it may be different for PBS-dependants.
UK-born children may be entitled to register for British citizenships.

Overstayers may apply for entry clearance (unless they had been refused leave before departing the UK) or leave to remain within 28 days.

There is no concession relating to entry clearance (Start date). Early applications.

Long residence

Early applications
This page tells you what you must do if you receive an application for indefinite leave on the basis of long residence before an applicant has completed their period of 10 years qualifying leave.

You must consider all valid applications, even if the applicant has not yet completed the necessary qualifying period for indefinite leave. The long residence rule requires applicants to have at least 10 years continuous residence in the UK before they can qualify for indefinite leave.

Applications being considered more than 28 days before the required qualifying period is completed

If you are considering an application more than 28 days before the applicant completes the required qualifying period for long residence you must refuse. This is because the applicant has not completed the required period of leave in the UK.

You must fully consider the case and mention any other reasons for refusal in addition to the applicant not spending enough time in the UK to complete the qualifying period. For example, all breaks in continuous residence.

Applicants who are refused under the long residence rules due to them submitting their application too early can re-apply once they have completed their qualifying leave or up to 28 days before this.

Applications being considered 28 days or less before the required qualifying period is completed

You can grant an application if it is considered 28 days or less before the applicant completes the required qualifying period, provided they meet all the other rules for long residence.

Post by **vinny** » Sun Mar 17, 2024 12:42 am

Changes.

Appendix Long Residence

A new Appendix Long Residence is being introduced, replacing the existing rules. In order to qualify for settlement, people must have held leave in their route for one year or have been exempt from immigration control within the 12 months immediately before their application.

Related: Long Residence: Exactly why Temporary Admission and Immigration Bail no longer count as lawful residence

****

Appendix Long Residence (Guidance)
Appendix Continuous Residence (Guidance)
Appendix KoLL (Guidance)
Application.

Post by **vinny** » Wed Apr 03, 2024 1:37 am

Interpreting “disregard”.

An out-of-time application within a specific time-frame may be disregarded for purposes of making a suitable and eligible application. However, any periods of overstay are excluded from (not counted towards) the qualifying period for ILR. These periods pause (not break) the continuous residence, but effectively shifts the completion date of the 10-year qualifying period to a later date.

CR 4.3.

Where CR 4.1(d) applies, any period of time where the applicant did not have permission will be disregarded when calculating the continuous residence period in CR 6.1.

Refer to Afzal, R (on the application of) v Secretary of State for the Home Department [2023] UKSC 46 (28 November 2023) (66-81)

Post by **vinny** » Thu Apr 25, 2024 4:12 pm

The previous retroactive changes had indeed also made Historic Long residence (276B(i)(a)’s “has had”) untenable and inconsistent. So, they triple down.

Latest Changes removed has had.

Post by **vinny** » Sat May 18, 2024 4:57 am

548 days muddle.

Post by **vinny** » Tue Jul 16, 2024 1:42 pm

Briefing: how does the 10 year route in Appendix Long Residence work?

New Home Office guidance clarifies transitional provisions for absences in the 10 year long residence route

Post by **vinny** » Wed Jul 17, 2024 9:16 am

Gosh.

They are actually retroactively treating time spent in the UK as a visitor, short-term student, and seasonal worker as

*** breaking ***

the qualifying continuous residence requirements under Long residence rules.

They threw away the natural meaning of “lawful residence”. It was a cornerstone of the original simpler Long Residence rules.

They gave different definitions of “Breaking continuous residence" in:

Long Residence Guidance,
Appendix Continuous Residence Rules and Guidance;

increasing irrationality and complexity in the Rules and Guidances.

For example:

LR 3.1

The applicant must have spent a qualifying period of 10 years lawfully in the UK, for the entirety of which one or more of the following applied:

(a) the applicant had permission, except permission as a Visitor, Short-term Student (English language) or Seasonal Worker (or under any of their predecessor routes); or

makes it clear which limited leave are excluded from the qualifying period.

LR 4.1.

The applicant must have met the continuous residence requirement set out in Appendix Continuous Residence for the entirety of the qualifying period.

makes it clear that Appendix Continuous Residence is to be used to assess the continuous residence requirements.

However, from Appendix Continuous Residence, it’s unclear to me if LR 3.1(a)’s excluded limited leave actually break the continuous residence.

Moreover, if "breaking continuous residence" as defined in the Long Residence Guidance is more restrictive than the Appendix Continuous Rules, then is it contrary to Alvi?

Or does the word "except" automatically implies a break of the continuous residence? I suspect that is the intention, similar to partner’s leave being confined under Appendix FM.

However, are these retrospective changes with retroactive effects, including treating previous lawful presence worse than some overstaying, unreasonable policy changes?

Is there legitimate expectation as with HSMP or Retrospective legislation that interfered with judicial ruling violated the Convention and the rule of law?

Immigrationboards.com: Immigration, work visa and work permit discussion board

ILR based on 10 years as a student ..... gap ??

ILR based on 10 years as a student ..... gap ??

Re: ILR based on 10 years as a student ..... gap ??

Re: ILR based on 10 years as a student ..... gap ??

Re: ILR based on 10 years as a student ..... gap ??

Re: ILR based on 10 years as a student ..... gap ??

Re: ILR based on 10 years as a student ..... gap ??

Re: ILR based on 10 years as a student ..... gap ??