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Long Residence - 10 Years continuity break

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PradeepRaparthy
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Long Residence - 10 Years continuity break

Post by PradeepRaparthy » Sat Aug 11, 2018 5:18 pm

Hi All,

I came to UK in Jan 2009 on Tier 4 and I'm eligible for ILR under 10 years Long Residency route. I believe that I'm eligible for applying ILR in December 2018 which is 9 years and 11 months. In this period I had no gaps in between visas. The only thing I'm worried about is I stayed outside the UK for 201 days at one time which actually breaks continuity. The reason for staying additional days was because I had to join in hospital for my back surgery happened exactly on my 170th day (24-05-2013) in India and discharged from hospital on 196th day (18-06-2013) and then 1 week to settle down, I flew back to UK on my 201st day (25-06-2013). I have doctor's letter, hospital's letter and medical prescriptions, x-ray etc.., for supporting this. Would this be enough for considering it as exceptional compassionate circumstances for granting ILR?

At present I'm on Tier 2 General Visa and I was sponsored by the company. My company's sponsorship licence was expired in May 2018, My HR Manager was not aware of it as she recently joined in the company and they are in the process of renewing the licence. I haven't received curtailment letter yet from home office. Would it be ok if I apply for ILR under 10 years route while sponsorship licence is in the renewal stage and curtailment letter is not received? Thanks

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cyclina1
Senior Member
Posts: 924
Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: Long Residence - 10 Years continuity break

Post by cyclina1 » Tue Aug 14, 2018 11:24 am

PradeepRaparthy wrote:
Sat Aug 11, 2018 5:18 pm
Hi All,

I came to UK in Jan 2009 on Tier 4 and I'm eligible for ILR under 10 years Long Residency route. I believe that I'm eligible for applying ILR in December 2018 which is 9 years and 11 months. In this period I had no gaps in between visas. The only thing I'm worried about is I stayed outside the UK for 201 days at one time which actually breaks continuity. The reason for staying additional days was because I had to join in hospital for my back surgery happened exactly on my 170th day (24-05-2013) in India and discharged from hospital on 196th day (18-06-2013) and then 1 week to settle down, I flew back to UK on my 201st day (25-06-2013). I have doctor's letter, hospital's letter and medical prescriptions, x-ray etc.., for supporting this. Would this be enough for considering it as exceptional compassionate circumstances for granting ILR?

They will consider if you can show them that your surgery was absolute necessary or it would be life-threaten or life-changing damage. And also show that you were required to stay 1 week further after discharge, you were intended to back to the UK asap. That's all have to be proven by doctor's letter (better can be further supported by the doctor with second opinion within the UK.)

If the surgery is not something like this, they won't consider exceptional compassionate due to illness.



At present I'm on Tier 2 General Visa and I was sponsored by the company. My company's sponsorship licence was expired in May 2018, My HR Manager was not aware of it as she recently joined in the company and they are in the process of renewing the licence. I haven't received curtailment letter yet from home office. Would it be ok if I apply for ILR under 10 years route while sponsorship licence is in the renewal stage and curtailment letter is not received? Thanks
When did you start your Teir 2? you may also consider 5 year route. then you can forget the limbo as above.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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