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ilr 10 years

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koshynita
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Posts: 71
Joined: Thu Feb 17, 2005 4:03 pm

ilr 10 years

Post by koshynita » Wed Aug 23, 2006 8:20 am

I am a doctor applying under 10 years ILR
The first one year was on a visiting visa while doing my entry exams PLAB & clinical attachments continuing on to permit free etc.
am i eligible to apply
Thanking in advance
yours

Chess
Diamond Member
Posts: 1855
Joined: Fri Nov 07, 2003 1:01 am

Post by Chess » Wed Aug 23, 2006 11:41 am

I dont think stay under Visitor's visa counts
Where there is a will there is a way.

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Post by JAJ » Wed Aug 23, 2006 11:48 am

Chess wrote:I dont think stay under Visitor's visa counts

For the 10 year ILR concession I had understood that any legal presence in the United Kingdom counts.

Have you any reference to suggest that visitor status is excluded?

The other question which might be relevant is whether the original poster was abiding by visitor visa conditions - why was a student visa not held?

London coool
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Joined: Fri Sep 08, 2006 5:48 pm

Post by London coool » Sat Sep 09, 2006 6:00 pm

According to section 276B of the Immigration Rules "The requirements to be met by an applicant for indefinite leave to remain on the ground of long residence in the United Kingdom are that: (i) (a) he has had at least 10 years continuous lawful residence in the United Kingdom;..."

Staying on a visit visa is not recognised as "lawful residence", hence it would not be calaculated as being part of the 10 year residence in UK

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