Application for ILR after 6 years residency.

[mario2222]

Hello

I would like to enquire as to Indefinite Leave To Remain.

On July 10th 2005, I was issued with a four-year United Kingdom Ancestry Visa, expiring on June 10th 2009. I entered the United Kingdom on August 29th 2005. In the ensuing four years, I attained part-time employment and pursued a law degree at a UK university. In June 2007, I returned to my native country for two weeks during my work holidays. In May 2009, I applied for an extension of the UK Ancestry Visa. An extension of the UK Ancestry Visa on a residence permit was issued on September 7th 2009, expiring on September 7th 2014.

In November 2009, I lost my job in the United Kingdom. On December 1st 2009, I returned to my native country to attain employment and repaid a loan to a British bank.
On April 29th 2009, I returned to the United Kingdom. I attained employment on my return for a period of two months. In September 2010, I began a postgraduate course, in pursuance of vocational training to qualify as a lawyer. I am currently a full time student. My parents have provided funding for the course and accommodation. I intend to seek employment in the United Kingdom upon completion of the course. I have no absences from the United Kingdom since my return on April 29th 2010.

I would like to apply Indefinite to Leave to Remain in the United Kingdom after residency of 6 years and 2 months since my first entry on August 29th 2005.

Please can you provide me with your advice and views on the courses of action, which I can pursue to attain Indefinite Leave to Remain in the United Kingdom. I am mainly concerned with the continuous long absence of 151 days (December 1st 2009 – April 29th 2010.)

Timeline:

June 10th 2005- 4-year UK Ancestry Visa issued
August 29th 2005- Entry clearance to the UK
June 2007- Two-week work holiday
June 10th 2009- 4-year UK Ancestry Visa expires.
September 7th 2009- 5-year Extension of UK Ancestry issued on residence permit
December 1st 2009- Departure from the UK
April 29th 2010- Return to the UK


Kind regards

Mario

[Lucapooka]

December 1st 2009- Departure from the UK
April 29th 2010- Return to the UK

Break in residence under the work category. Your five year residence period was reset to zero on 29 April 2010 so will become eligible in April 2015.

However, you may also be eligible for ILR in the long residence category 10 years after your first arrival in the UK in June 2015.

[genorp]

UK ancestry, like the Tiers 1 and 2 visas, require 5 years of continuous residence in the UK.

You entered the UK on 29 August, 2005, and the timer started. You left 1 December, 2009, after 4 years, 3 months continuous residency (assuming your absences were in line with policy) and didn't return for almost 5 months, well over the 90 day single-instance absence allowed.

Others will have input but it seems to me your clock reset 29 April, 2010.

[mario2222]

Thanks for the prompt replies thus far.

There are 2 further issues worth querying:

During my absence of 151 days, I worked briefly in the United Kingdom Overseas Territory of Grand Cayman Islands, would this be considered in accessing whether there was a continuous lengthy absence?

There is a timespan of 1 month and 19 days between the initial issue of my visa (July 10th 2005) and entry clearance ( August 29th 2005) would this period be discounted from the absence of 151 days?

Kind regards

Mario

[Lucapooka]

No and no. It's not about making up 151 days you have stayed outside the UK to complete the five years; it's the fact that you have wiped your previous residence period and have started with a new residence period in 2010.

[mario2222]

Thanks for the prompt reply.

This means that making an application for ILR would only be met with refusal. The clock has reset.

Thanks to everyone for their assistance.

Kind regards

Mario

[genorp]

As far as the Cayman Islands, I doubt it since British Overseas Territories Citizens still have to be resident in the UK proper to register for British citizenship.

The time between your visa and entering the country... Interesting math, but no. Think about it, why would they deduct time out of the country from time out of the country? Only in grammar does a double-negative work that way. That gap, if less than 3 months, can be discounted if the applicant is short of a continuous 5 year period because they didn't specify a later date for the visa to start and entered after the start date. For example the visa was issued from January 2006 to January 2011 and the applicant entered the country in the middle of March. If they counted 5 years from March they would need an extension. Absences within that 5 year period are treated separately, and that's what your gap is. An absence inside the period irrespective of your entry date.

As Lucapooka points out, you may be eligible for ILR based on 10 years 2015, which is the same year based on ancestry with the presumed restart on 29 April, 2010. For 10 years you're allowed up to 6 months break if when you left you had valid leave to remain, which you did. [from Paragraph 276(a) of the immigration rules, under Long Residence.] However from having re-entered 29 April, 2010, your ancestry 5 year qualification will predate your 10 year long residence qualification by a couple months in 2015. But as your current leave expires 7 September, 2014, you'll need an extension to reach either date in 2015.

Anyway, that's what I think based on your given information. I'd be interested to see if anyone else sees another way.

[mario2222]

Thanks Genorp and Lucapooka for sharing your views.


Kind regards

Mario