10 year continuous residence?

Levi · Post by **Levi** » Mon May 21, 2012 12:55 pm

Hi everyone and good day,
First of all, I am pretty sure some of you will think I am a freak or crazy for thinking this far ahead. That is fine. I guess I am a freak in that way. I am an American and I will be starting university in the UK around Sept. of 2013. I will be studying Japanese and Business/Management. I hope to get my Master's degree in Management/International Business at a UK university as well. The main reason I have decided to study in the UK is that I would like to acquire UK citizenship and it seem the best way for me to get my foot in the door is for me to study there. (It will be easier to get a Tier 2 visa if I have studied in the UK.) I love London and that is where I hope to end up after I complete my studies. So, I was reading the UKBA website for news updates and I just about died. I had planned on getting ILR by working for 5 years on the Tier-2. Now, the Home Office announced that in order to qualify for ILR a person must meet a minimum salary requirement of £35,000. My hopes died then and there. I honestly have no idea if I can secure a job and have that salary within the 6 year time frame! So, after freaking out for a few hours, I noticed there might be an alternative route: the 10 year long-residence route. It sounded great, because my university course is four (with year abroad) years, a postgraduate program is 1 year, and I can work for six years and NOT have to meet that horrible salary requirement!! However, my university course requires me to spend a year(!) abroad in Japan as part of my course! This will break the 6-month at one time rule. However, what if I simply fly back to the UK and spend a day in the UK then fly back to Japan! Would that start a fresh 6 month period if my passport was stamped with the dates??? Or, due to the fact that I am required by my UK university to spend a year abroad in order to complete the program, would an exception be made? Ugh, this is driving me insane! I need some advice or help! Please! I don't want my life dream of acquiring ILR and eventually British citizenship to be gone. I have worked so hard in my high school career to get into the UK university and I really felt it would be a stepping stone to ILR. What do you all think? BTW, I am only 18 and this is my life dream. Ugh I am so depressed now. -.-

Post by **geriatrix** » Mon May 21, 2012 1:24 pm

1 year and 3 months to the UK + 10 years continuous residence = 11 years + 3 months (at least). No one can tell you today if the 10 year long residence immigration category will exist or not .... in 2023!

That said, and under current rules (10 year long residence):
1. With respect to the rule of "no single absence of more than 6 months" - you may travel to UK even for a day before the 6 months are over, for the rule to have no effect.
2. Do keep in mind that one is allowed 18 months absence in total over the 10 year period. With you required to spend 1 year abroad as part of your education, it will leave you with only about 6 months for any other absences during the 10 year period.

Levi · Post by **Levi** » Mon May 21, 2012 1:35 pm

Hi,
Thanks for the reply. What do you mean by the rule will have to no effect? So if I simply come back to the UK for a day my 6-month continuous absence will be reset?
The year abroad isn't technically a year per se, it is approx. 9 months from Sept. to May/June.
Would my continuous residence even be broken considering I was required by my UK university to spend the 9 months in Japan to complete by degree? Would this be enough for an exception by the UKBA? Ugh.... O_O

Post by **geriatrix** » Mon May 21, 2012 1:54 pm

Levi wrote:What do you mean by the rule will have to no effect? So if I simply come back to the UK for a day my 6-month continuous absence will be reset?

That this rule will then not apply to you (i.e. - not affect your application).

Levi wrote:Would my continuous residence even be broken considering I was required by my UK university to spend the 9 months in Japan to complete by degree?

It is your choice to join a course that requires you to be absent from UK for 9 months ... not UKBA's. The rules apply regardless.

Levi · Post by **Levi** » Mon May 21, 2012 2:24 pm

sushdmehta wrote:
Levi wrote:What do you mean by the rule will have to no effect? So if I simply come back to the UK for a day my 6-month continuous absence will be reset?
That this rule will then not apply to you (i.e. - not affect your application).
Levi wrote:Would my continuous residence even be broken considering I was required by my UK university to spend the 9 months in Japan to complete by degree?
It is your choice to join a course that requires you to be absent from UK for 9 months ... not UKBA's. The rules apply regardless.

Why wouldn't the 6 month rule apply to me?

JohnM · Post by **JohnM** » Mon May 21, 2012 3:23 pm

First, I don't think you're crazy. I also try to plan ahead.

But I think to plan about 10 years legal stay by 2023 is a long shot. I think there is 50% possibility it will be removed by then.

I myself came to UK 9 years ago.

If I were from USA, I would not live in UK for 11 years to get citizenship. Yes, I like UK in many ways but it also has drawbacks. If I had a choice between UK and USA passport, I would choose USA. USA, I'm sure has some disadvantages but it is such a big country and there is so much choice.

When you will live in UK and London for several years, your views may change quite dramatically. London is one of the most expensive places to live on the planet. I don't want to put you off, I am sure you will have great experience but to coming from USA, you may discover that this fight/journey to UK citizenship over 10-11 years is not worth the cost it will take. For example, do you know that for 1000$ per month you can only rent very smallish studio flat if you want to live near the centre of London. And if you want to rent something more or less Ok near the centre it would be about 2000$ a month. Do you know that almost everything including petrol, property, cars, computer, etc. is almost 2-3 times more expensive here than in USA? And incomes are almost the same on average. You know, they immigrated from Europe and UK to USA for a reason...

Did you live in UK already for significant period of time? I am not saying UK is not interesting country but you're from USA, not third world country like myself, if I were you, I would not spend so much time and effort. There are other aspects in life, like career, family, money. If it all will be balanced for you for this goal, then you can try it but 10 years rule may be changed. But I think there will be always some routes for american citizens. It's getting harder and harder to immigrate between poor and rich countries but easier and easier between rich democratic countries.

Good luck and check your feelings after living in UK for couple of years...

Loveislovely · Post by **Loveislovely** » Mon May 21, 2012 5:47 pm

JohnM wrote:First, I don't think you're crazy. I also try to plan ahead.

But I think to plan about 10 years legal stay by 2023 is a long shot. I think there is 50% possibility it will be removed by then.

I myself came to UK 9 years ago.

If I were from USA, I would not live in UK for 11 years to get citizenship. Yes, I like UK in many ways but it also has drawbacks. If I had a choice between UK and USA passport, I would choose USA. USA, I'm sure has some disadvantages but it is such a big country and there is so much choice.

When you will live in UK and London for several years, your views may change quite dramatically. London is one of the most expensive places to live on the planet. I don't want to put you off, I am sure you will have great experience but to coming from USA, you may discover that this fight/journey to UK citizenship over 10-11 years is not worth the cost it will take. For example, do you know that for 1000$ per month you can only rent very smallish studio flat if you want to live near the centre of London. And if you want to rent something more or less Ok near the centre it would be about 2000$ a month. Do you know that almost everything including petrol, property, cars, computer, etc. is almost 2-3 times more expensive here than in USA? And incomes are almost the same on average. You know, they immigrated from Europe and UK to USA for a reason...

Did you live in UK already for significant period of time? I am not saying UK is not interesting country but you're from USA, not third world country like myself, if I were you, I would not spend so much time and effort. There are other aspects in life, like career, family, money. If it all will be balanced for you for this goal, then you can try it but 10 years rule may be changed. But I think there will be always some routes for american citizens. It's getting harder and harder to immigrate between poor and rich countries but easier and easier between rich democratic countries.

Good luck and check your feelings after living in UK for couple of years...

@John, I agree with you totally, she will soon lose that excitement and head back home.

JohnM · Post by **JohnM** » Mon May 21, 2012 8:45 pm

Loveislovely wrote:
@John, I agree with you totally, she will soon lose that excitement and head back home.

Well, I did not want to put her off, just try to share some experience and maybe help focus a bit more.

What about you, are you here on 10 years route as well?

Levi · Post by **Levi** » Mon May 21, 2012 9:52 pm

Hi there. Thanks for the replies. First of all, I'm not a girl. I have no idea why you'd assume that. I'm leaving the United States permanently. I'm not going to lose my excitement and come back to this place. If you want to think that I will, go ahead. Think what you like.

However, if you're not going to answer my query, please don't respond. Can anyone else answer my question about the 6-month continuity question?

Post by **geriatrix** » Mon May 21, 2012 10:00 pm

Levi, it is simple.

The rule says that if one spends more than 6 months continuously outside UK, continuity of residence is broken.

If you travel abroad but return to the UK before that 6 month deadline, this rule does not affect you - because you returned to UK (even for 1 second) before that 6 month deadline - and hence continuity of residence is not broken.

help4uk · Post by **help4uk** » Tue May 22, 2012 3:08 am

There is a BIG FULL Stop For your this Plan becuse student cant spent more then 5 year on student visa except if ur doing PHD according to new rule infact i will give u a good advice it can save 7 years get married to British citizen u will get ILR in 3 years second opiton will save ur 3 year get married to anyone have a child wait the child to be 7 then u will get ILR but under Human Rights

JohnM · Post by **JohnM** » Tue May 22, 2012 12:04 pm

help4uk wrote:There is a BIG FULL Stop For your this Plan becuse student cant spent more then 5 year on student visa except if ur doing PHD according to new rule infact i will give u a good advice it can save 7 years get married to British citizen u will get ILR in 3 years second opiton will save ur 3 year get married to anyone have a child wait the child to be 7 then u will get ILR but under Human Rights

Funny advice about marriage. If it is LOVE, then Ok. But if it is arranged marriage and you are busted then it is 10 years ban from UK or worse.

Levi, if you're so serious, it's all here on the website: http://www.bia.homeoffice.gov.uk/

I advice you to find out yourself and avoid terrible advices of boring and arrogant people with terrible life experiences like myself.

JohnM · Post by **JohnM** » Tue May 22, 2012 12:06 pm

And, by the way, there is a lot of irony in the UK, especially in London... so you better get used it to it early, in this way, I think this forum may prove to be invaluable resource...

Post by **Greenie** » Tue May 22, 2012 12:11 pm

JohnM, if this guy is for real (which I doubt actually) then I give him 6 months in the UK before he realises things are not quite as easy as he thinks. I wouldn't bother wasting time on this thread if I were you.

Levi · Post by **Levi** » Tue May 22, 2012 2:30 pm

Hi all,
Thanks for the replies. I guess my dilemma is solved. I will just have to fly back to the UK for a day and then fly back to Japan during my year abroad so my residence won't be broken. Thank you for your help and advice.

@Greenie: Think what you what. If you think I'm fake, and that I won't last then I am fake and I won't last.

Post by **Greenie** » Tue May 22, 2012 2:41 pm

do bear in mind that you are relying on the law as it is now, no one can say whether the 10 year rule will exist in 11 years time, and if it does, whether the rule will exist in the same form, and whether continuous residence will not be broken by a 'day trip' from Japan to the UK (rather expensive and tiring if you ask me - but perhaps you have large sums of money to spend on longhaul flights).

If you are expecting things to be a easy as you appear to think, then be prepared for a shock (and be careful - given that you 'almost died' when you read that settlement under Tier 2 requires pay at £35k (again that is the law now and may well be different in 10 years), we wouldn't want you to have another near death experience.

Good luck.

Levi · Post by **Levi** » Tue May 22, 2012 3:05 pm

Greenie wrote:do bear in mind that you are relying on the law as it is now, no one can say whether the 10 year rule will exist in 11 years time, and if it does, whether the rule will exist in the same form, and whether continuous residence will not be broken by a 'day trip' from Japan to the UK (rather expensive and tiring if you ask me - but perhaps you have large sums of money to spend on longhaul flights).

If you are expecting things to be a easy as you appear to think, then be prepared for a shock (and be careful - given that you 'almost died' when you read that settlement under Tier 2 requires pay at £35k (again that is the law now and may well be different in 10 years), we wouldn't want you to have another near death experience.

Good luck.

Thanks for the good luck.

Maybe the law will change. Who knows? Maybe I will die next time for real. (Hey, then all my problems would be done!!)

JohnM · Post by **JohnM** » Wed May 23, 2012 12:55 am

I wouldn't bother wasting time on this thread if I were you.

Yea, but sometimes you kinda want to help people but then you kinda realize you're wasting your time...

ouflak1 · Post by **ouflak1** » Wed May 23, 2012 12:49 pm

JohnM wrote: Funny advice about marriage. If it is LOVE, then Ok. But if it is arranged marriage and you are busted then it is 10 years ban from UK or worse.

Arranged marriages are perfectly legal. Marriages of convenience for the sole sake of deceiving the UKBA in order to obtain a visa or other considerations are illegal. Just wanted to clarify this as many people who visit this forum come from countries where arranged marriages are culturally normal.

Best advice of all Levi: Don't do anything illegal and you will probably be fine!

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10 year continuous residence?

10 year continuous residence?