10 Years long residence ILR Help

Mary937 · Post by **Mary937** » Fri Apr 08, 2016 2:31 am

Hello Guys,

I have entered the UK first time as a student. My entry clearance was 18/07 and I entered the UK 10/08 (23 days later). Could I apply for ILR 21/06 based on 90 days concession rule please? Would it be this rule suitable for students too? Thank you in advance for your help.

M.

Post by **vinny** » Fri Apr 08, 2016 6:36 am

Mary937 wrote:I have entered the UK first time as a student. My entry clearance was 18/07 and I entered the UK 10/08 (23 days later). Could I apply for ILR 21/06 based on 90 days concession rule please?

No.

Mary937 · Post by **Mary937** » Fri Apr 08, 2016 10:32 am

Sorry Vinny why did you say "no"? Could you explain please? Where I can see that the rule is not suitable for students please? Thank you.

Post by **CR001** » Fri Apr 08, 2016 10:36 am

Have you clicked on Vinny's link. The 'No' is a link to information which contains other links.

If you are applying for ILR based on 10 years long residence, the 90 day concession is not applicable anyway, regardless of visa status.

Mary937 · Post by **Mary937** » Fri Apr 08, 2016 10:48 am

Thank you so much. I did not realised that I have to click on word "no". If lawyers are confused regarding 90 days rule for people stayed here for 10 years, then how we will not be confused? Probably they should say everything more clear in the guidance for long residence? Thank you Guys.

Post by **CR001** » Fri Apr 08, 2016 11:08 am

The guidance is quite clear though so not sure why you are confused or what has confused you.

'lawyers' don't always know what they are talking about and just because they are 'lawyers', doesn't mean you should believe everything they say about immigration.

Mary937 · Post by **Mary937** » Fri Apr 08, 2016 12:01 pm

This is what I found. But where it would be specified that it doesn't suit for people who applies based on 10-year rule? Thank you.

"This page tells you when absences will not break continuity when calculating if the continuous period requirement has been met. Period between the issue of entry clearance and entering the UK The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. The period of delay will not be counted as an absence from the UK if it does not exceed 90 days."

Post by **CR001** » Fri Apr 08, 2016 12:04 pm

Mary937 wrote:This is what I found. But where it would be specified that it doesn't suit for people who applies based on 10-year rule? Thank you.

"This page tells you when absences will not break continuity when calculating if the continuous period requirement has been met. Period between the issue of entry clearance and entering the UK The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. The period of delay will not be counted as an absence from the UK if it does not exceed 90 days."

And which link is it that you got that from?

The 90 concession is applicable to Tier 1 and Tier 2 only ILR based on 5 years residence and not ILR based 10 years long residence. 10 years long residence is calculated from the date you ENTER the UK, as Vinny's link has explained.

Mary937 · Post by **Mary937** » Fri Apr 08, 2016 12:13 pm

https://www.gov.uk/government/uploads/s ... _clean.pdf

page 33 from guidance "Indefinite leave to remain : calculating continuous period in UK". This information is under a section "Absences which will not break continuity in the continuous period". Again nothing specifically said that this does not suit to people who apply under 10-years rule? That's why I am wondering where did you take this information from? Thank you.

Mary937 · Post by **Mary937** » Fri Apr 08, 2016 12:17 pm

Sorry, page 19 out of 33 pages of Guidance from 2015.

Post by **CR001** » Fri Apr 08, 2016 12:37 pm

Are you applying for ILR based on 10 years long residence?

The link you have provided is NOT for long residence applications. See page 7 of your link where this is clearly stated.

Guide on long residence is below, if this is the route you are applying through.

https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

Mary937 · Post by **Mary937** » Fri Apr 08, 2016 12:47 pm

Yes, I see. Thank you.

Could you please kindly confirm that I calculated correctly the dates?
I entered to the UK 10/08. So I can apply on 14/07 or it should be 15/07 to be on safe side? Or 14/07 is fine?

Also I do not have a passport from 2006-2008, no bills, no rent contracts, no visits to doctors and no registration with NHS... Would it be OK to confirm these years with a bank statement? Thanks a lot.

Mary937 · Post by **Mary937** » Fri Apr 08, 2016 11:53 pm

Hopefully CR001 or someone else could reply my last post? Thank you:-))

Post by **CR001** » Sat Apr 09, 2016 12:03 am

Mary937 wrote:Yes, I see. Thank you.

Could you please kindly confirm that I calculated correctly the dates?
I entered to the UK 10/08. So I can apply on 14/07 or it should be 15/07 to be on safe side? Or 14/07 is fine? If that is 'within 28 days' should be fine, but for the sake of one day, I personally would apply on the 15 because I don't like risk.

Also I do not have a passport from 2006-2008, no bills, no rent contracts, no visits to doctors and no registration with NHS... Would it be OK to confirm these years with a bank statement? Thanks a lot.Is bank statements all you have? No mobile phone contract, TV licence, HMRC letters, payslips, P60s etc. HO might ask for you for more than just bank statements.

Mary937 · Post by **Mary937** » Sat Apr 09, 2016 12:15 am

I was a student and did not work. So I have only bank statements and certificates which confirm that I finish my studies at those years. Would it be enough?

Mary937 · Post by **Mary937** » Sat Apr 09, 2016 12:20 am

Why would we need to confirm our residence in the UK as they should have all records in their database anyway?

Post by **CR001** » Sat Apr 09, 2016 12:45 pm

If you DO NOT have ALL the passports covering the 10 years, you have to prove with documents that you were resident.

Mary937 · Post by **Mary937** » Sat Apr 09, 2016 12:55 pm

If I am sending an application by post what is the best way to do a payment- by card, by cheque...? I read that some people had problems in past and Home Office could not process a payment and their application was rejected. Or any link where this was discussed previously please? Thank you Guys.

Post by **geriatrix** » Sat Apr 09, 2016 1:28 pm

Mary937 wrote:Or any link where this was discussed previously please?

Make an effort to search.

Mary937 · Post by **Mary937** » Sat Apr 09, 2016 4:18 pm

Thank you Geriatrix.

How can I show absences between 2006-2008 if I do not have a passport, no any confirmations of tickets bought... I did not save all this information because I did not plan to stay in the UK... I even do not remember dates of all my travels. What shall I do in this case? Thank you.

Post by **CR001** » Sat Apr 09, 2016 4:40 pm

Apply to HO for a full Subject Access Request which should detail your full immigration and travel history.

Mary937 · Post by **Mary937** » Sat Apr 09, 2016 4:54 pm

Thank you CR001. Do you mean to follow this link:

https://www.gov.uk/government/publicati ... mmigration

Thanks a lot as I had no idea what to do. Please confirm that a link is right.

Post by **CR001** » Sat Apr 09, 2016 5:12 pm

Mary937 · Post by **Mary937** » Sun Apr 10, 2016 5:35 pm

Hi Guys,

As I mentioned in my previous posts I do not have passports between 2006-2008. I will request SAR form with information about landing cards. What I cannot understand is how I could still calculate the number of days out of the UK please if landing cards will show the date when I arrived to the UK only? So how can I know for sure when I left the UK please and how to know for sure how many days I have been out of the country?
I do not have any saved tickets for those years as I did not plan to stay in the UK. Thanks a lot.

M.

Post by **CR001** » Sun Apr 10, 2016 6:00 pm

Only you will know when you traveled or not. Suggest wait for the SAR and see what info it provides.

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10 Years long residence ILR Help

10 Years long residence ILR Help

Re: Eligibility criteria for 90 days concession rule

Re: Eligibility criteria for 90 days concession rule

Re: Eligibility criteria for 90 days concession rule

Re: Eligibility criteria for 90 days concession rule

Re: Eligibility criteria for 90 days concession rule

Re: Eligibility criteria for 90 days concession rule

Re: Eligibility criteria for 90 days concession rule

Re: Eligibility criteria for 90 days concession rule

Re: Eligibility criteria for 90 days concession rule

Re: Eligibility criteria for 90 days concession rule

Re: Eligibility criteria for 90 days concession rule

Re: Eligibility criteria for 90 days concession rule

Re: Eligibility criteria for 90 days concession rule

Re: Eligibility criteria for 90 days concession rule

Re: Eligibility criteria for 90 days concession rule

Re: Eligibility criteria for 90 days concession rule

Re: Eligibility criteria for 90 days concession rule

Re: Eligibility criteria for 90 days concession rule

Re: Eligibility criteria for 90 days concession rule

Re: Eligibility criteria for 90 days concession rule

Re: Eligibility criteria for 90 days concession rule

Re: Eligibility criteria for 90 days concession rule

Re: Eligibility criteria for 90 days concession rule

Re: Eligibility criteria for 90 days concession rule