10 year ILR - Change of guidelines

[vinca]

Hi All, I have a few questions with regards to 10 year ILR application.

1) Is the 10 year period claimed limited to the guidelines that exiisted at the same period? i.e. if say one was claiming between 97 - 2007, and applied today, would the caseworker use guidelines/interpretations as of 2007 or 2012?

I ask as there is slight change in the current guidelines (example 1) which supports my application though i'm claiming a 10 yr period in the past.


2) Is it possible to apply for ILR whilst being abroad?

Any advice would be useful. Thanks!

Vinca

[wpilr_nov12]

My understanding is that in your case you would be measured on current rules/guidelines.

On second question, ILR is leave to remain. If you are out of UK, you would first need Entry leave, and then qualify for Remain leave. By Murphy's Law, the answer is NO.

[vinca]

My understanding is that in your case you would be measured on current rules/guidelines.

On second question, ILR is leave to remain. If you are out of UK, you would first need Entry leave, and then qualify for Remain leave. By Murphy's Law, the answer is NO.

Thank for your response.

I asked the 2nd question as I am currently on an assignment abroad with work and cannot afford to return to the UK for a minimum of 3 months waiting time after making the ILR application! However, i am mindful that the rules may change again. Tough decision.

Thanks again.