ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

10 years long residence, allowable absence

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

Locked
physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

10 years long residence, allowable absence

Post by physicskate » Sun Mar 10, 2013 5:57 pm

Dear all,

I am looking on your opinions regarding the following:

'Subject to that, continuous residence shall not be considered to
have been broken where an applicant is absent from the United
Kingdom for a period of 6 months or less at any one time, provided
that the applicant has existing limited leave to enter or remain
upon his departure and return.'

I was under the impression that a single absence of 90 days would be problematic, however, if you are allowed to leave and come back within 6 months, as long as your total absences are not over 18 months (540 days) would that be acceptable? Is this up to the discretion of the caseworker?

I have a 97 day absence from 2007, when I had leave to remain before I left and when I came back. Did this reset my clock? Or should I just go down the Tier 2 route... by which time i will have been living here for over 13 years...


My visa history:
Entry clearance: Student visa Sept 2004 - Sept 2008
Entry clearance: PSW 25 August 2008 - 24 August 2010
Entry clearance: Tier 4 26 Sept 2010 - September 2011
Leave to remain: Tier 2 August 2011 - August 2014
Change of sponsor: Tier 2: Jan 22 2013 - Jan 22 2016

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: 10 years long residence, allowable absence

Post by physicskate » Mon Mar 11, 2013 10:43 pm

bump

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Mar 11, 2013 11:23 pm

An absence of 97 days is less than six months. You should be okay under Long residence.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Locked