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Long Residence (10 Years) question

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Ahmed876
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Posts: 11
Joined: Wed Aug 29, 2012 3:02 pm
Location: London

Long Residence (10 Years) question

Post by Ahmed876 » Sun Sep 16, 2012 7:17 pm

Hi all.
I would like to ask your advice on my situation.
I came to UK in OCT 2002 on Student Visa and been a legal resident here till now.
I have made many trips outside UK but none of them above 180 days, on an average I have spent 4 years outside UK and 6 inside UK.
My question is can I apply for ILR on basis of Long Residence using Form SET(O)?
I tried to search this on UKBA website but could not find anything except a rule which says I cannot stay more than 6months outside UK in one go in my 10 year residency.

Please help.

Regards.

Ahmed

pokhreligautam
Newbie
Posts: 42
Joined: Sat Jan 28, 2012 10:49 pm

Re: Long Residence (10 Years) question

Post by pokhreligautam » Sun Sep 16, 2012 8:29 pm

Ahmed876 wrote:Hi all.
I would like to ask your advice on my situation.
I came to UK in OCT 2002 on Student Visa and been a legal resident here till now.
I have made many trips outside UK but none of them above 180 days, on an average I have spent 4 years outside UK and 6 inside UK.
My question is can I apply for ILR on basis of Long Residence using Form SET(O)?
I tried to search this on UKBA website but could not find anything except a rule which says I cannot stay more than 6months outside UK in one go in my 10 year residency.

Please help.

Regards.


Ahmed
Hi Ahmed
did you mean you spent 4 years which 48 months outside the UK. If that is the case i am afraid you application will not be successful as the maximum time you can be outside the UK is 18months in total in 10 years.
Regards
krishna

Ahmed876
Newly Registered
Posts: 11
Joined: Wed Aug 29, 2012 3:02 pm
Location: London

Re: Long Residence (10 Years) question

Post by Ahmed876 » Mon Sep 17, 2012 7:18 am

pokhreligautam wrote:
Ahmed876 wrote:Hi all.
I would like to ask your advice on my situation.
I came to UK in OCT 2002 on Student Visa and been a legal resident here till now.
I have made many trips outside UK but none of them above 180 days, on an average I have spent 4 years outside UK and 6 inside UK.
My question is can I apply for ILR on basis of Long Residence using Form SET(O)?
I tried to search this on UKBA website but could not find anything except a rule which says I cannot stay more than 6months outside UK in one go in my 10 year residency.

Please help.

Regards.


Ahmed
Hi Ahmed
did you mean you spent 4 years which 48 months outside the UK. If that is the case i am afraid you application will not be successful as the maximum time you can be outside the UK is 18months in total in 10 years.
Regards
krishna
Thanks Krishna.
Do you have any link of this rule mentioned on UKBA website as I could not find it?

Regards

Ahmed

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Mon Sep 17, 2012 1:42 pm

Last edited by geriatrix on Fri Oct 12, 2012 10:37 pm, edited 1 time in total.
Life isn't fair, but you can be!

Damanisshallo
Respected Guru
Posts: 1235
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Location: 50.89° N, 1.40° W

Re: Long Residence (10 Years) question

Post by Damanisshallo » Mon Sep 17, 2012 3:09 pm

Ahmed876 wrote:Hi all.
I would like to ask your advice on my situation.
I came to UK in OCT 2002 on Student Visa and been a legal resident here till now.
I have made many trips outside UK but none of them above 180 days, on an average I have spent 4 years outside UK and 6 inside UK.
My question is can I apply for ILR on basis of Long Residence using Form SET(O)?
I tried to search this on UKBA website but could not find anything except a rule which says I cannot stay more than 6months outside UK in one go in my 10 year residency.

Please help.

Regards.

Ahmed
However I'd say this is not End of the world. One of my friend had to be out of this country for more than 6 months and further he had also crossed the 18 months threshold aswel over the 10 yrs period. But then having said this he had a strong point in his case, as his mother very ill for a while and sadly she couldn't survive. He hired a top lawyer and the circumstances and the decision went in his favour. Look back into the time you've spent out of this country and see if you got any such strong point in your case. However every minute detail need to be properly documented. So bear in mind if you have a story like that you also need to prove it.

Ahmed876
Newly Registered
Posts: 11
Joined: Wed Aug 29, 2012 3:02 pm
Location: London

Post by Ahmed876 » Tue Sep 18, 2012 5:59 am

sushdmehta wrote:Read Long residence (276A - 276DH).
Thanks Sushdmehta for the link.
Been trying to open it but not working, website might be down, will try in some time.

uksettlement
Senior Member
Posts: 734
Joined: Sun Mar 04, 2012 7:07 pm
Location: London
Contact:
India

Post by uksettlement » Tue Sep 18, 2012 6:50 am

Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

solospy
Member of Standing
Posts: 252
Joined: Thu Sep 13, 2012 9:37 am

Post by solospy » Tue Sep 18, 2012 3:37 pm

I applied for ILR under 10 year long residence last year and my application was successful. below are the rules:

1. 10 years legal stay in the UK from the day of your first arrival.
2. Always held a valid visa in these 10 years.
3. Did not spend 90 days in one year (900 days in 10 years), and 90 days
in the last year out of the UK at the time of application
4. No criminal/motoring conviction
5. Life in the uk test
6. Strong links to the Uk will help

z18runway
Senior Member
Posts: 810
Joined: Mon Mar 29, 2010 11:54 pm

Post by z18runway » Fri Sep 21, 2012 4:40 pm

solospy wrote: 6. Strong links to the Uk will help
what do you mean by that, could you explain me clearly please, the explanation will help my application

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