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Need help with continuous residence rule

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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Kim1985
Newly Registered
Posts: 1
Joined: Wed Oct 24, 2012 3:25 am

Need help with continuous residence rule

Post by Kim1985 » Wed Oct 24, 2012 3:47 am

Hi all,
I just wonder if any of you could help me with my case. My time in the uk as follows:

- sep 2004 to sep 2008: student visa
- aug 2008 to aug 2013: work permit
- nov 2011- nov 2016 :ee2

My problem is I went back to home on 15 jun 2012 to give birth to a baby and intend to return to uk in may 2013. My question is, can I still apply for irl for 10 years living in th uk in sep 2014?
I know that I will be outside uk for 6 months. However, in the guidance, it said that : if an applicant was in the uk with the right to reside under eea regulations when they left the uk and was re admitted under eea regulation, continuous residence is not broken.
Anyone can help will be great.
Many thanks

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Wed Oct 24, 2012 8:27 am

A break of more than six months is generally insurmountable in either UK or EU rules. An application for long-residence by a person with an EU immigration status is not an absolute certainty but at the discretion of the caseworker.

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