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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

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Scworried
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Joined: Wed Sep 13, 2017 1:01 am
Philippines

10 years long residency

Post by Scworried » Tue Dec 12, 2017 7:43 pm

I will be very grateful members and moderators to share your experiences and clarify my doubts;
My son already reach his 10yrs last September, but he was refused for his student entry visa because of funds, university differed his application for September 2018 intake, he will be out of the country for more than 180days if he will reapply in June 2018 and will break his 10yrs legal stay, he is back in the UK to spend Xmas with us(both parents ILR). He is here on a family visit visa, he will be back home after holidays and reapply as soon as his New CAS willl be available in May or June, and he will be applying with the right amount of funds and before applying I must read this forum as members and moderators explained better how to go for an application than solicitors, my question is will his visit visa consider as legal stay and will not break his 10 yrs? Thank you for reading my post and apologies if I tagged to someone post.

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CR001
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Re: 10 years long residency

Post by CR001 » Wed Dec 13, 2017 10:12 am

All visas count towards long residence ILR.

However, you also need to be sure that he does not exceed the 540 days absence in the whole 10 years and no single absence of 180 days or more.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Scworried
Newly Registered
Posts: 6
Joined: Wed Sep 13, 2017 1:01 am
Philippines

Need clarification if my son’s continuous leave is broken?.

Post by Scworried » Thu Jan 04, 2018 9:45 pm

Dear moderators and members,
Iam a silent reader of this forum, I have posted a question before but I did not received any replies. Iam hoping to get a reply from u guys based on your experienced and interpretation
Immigration history;
First entry - September 24, 2007
Student Dependant visa
Age: 11 yrs old
No gaps, all visa renew on time
May 2014 - March 2017 tier 2 dependant visa
Main applicant (mother - Iam) switch to ILR through LR
July2016 - went back home switch to student visa
Granted - Expiry August 24, 2017.
Short of 7 days for 10 years lawful residence.
Applied for university: accepted
University issue his CAS a liitle bit late as they assumed that he was a home student,
August 14, 2017 - depart UK
August 18, 2017 applied for student visa
September 8, 2017 - refused due to maintenance funds.
They did not issue him anew CAS as it was very closed to course registration etc.
Differ his studies for September 2018 intake..
The earliest that the university could issue him a CAS is in June, it means he will be out for more than 6months and will break his continuous leave..I have read once in this forum that a visit visa is considered as lawful leave? So we present an open and honest covering letter from my part and his part to spend Christmas with us and visit his university as well. He was granted a 6months visa. He will going back in May and will apply for September intake.
Thank you for reading, hoping to get a positive reply.

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CR001
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Location: London
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Re: Need clarification if my son’s continuous leave is broken?.

Post by CR001 » Thu Jan 04, 2018 10:06 pm

Scworried wrote:
Thu Jan 04, 2018 9:45 pm
Dear moderators and members,
Iam a silent reader of this forum, I have posted a question before but I did not received any replies. Iam hoping to get a reply from u guys based on your experienced and interpretation
Really?? I replied to your original post on 13 December.

multiple topics/posts (click)
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Scworried
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Posts: 6
Joined: Wed Sep 13, 2017 1:01 am
Philippines

Re: 10 years long residency

Post by Scworried » Thu Jan 04, 2018 10:26 pm

It was lost, or I was lost..my apologies I know that i can rely on this forum. Thank you very much with all my heart.

Scworried
Newly Registered
Posts: 6
Joined: Wed Sep 13, 2017 1:01 am
Philippines

Successful advised received on this forum

Post by Scworried » Tue Sep 11, 2018 11:26 pm

Dear moderator,
Kindly medged the topics I have posted please I could not search for them to continue.. so that people with similar experiences and worries about their immigration history can have some hoped when situations and circumstances happened.
I have returned to share the successful advised I have received in this forum especially to @cassa..
My son came back on a visit visa last November 2017, having spent 3 months back home when he was refused for an entry visa (student). But he completed his 10years legal stay. He differed his studies for September 2018 intake, arranged everything make sure all requirements has been met and returned to home country before his visit visa expired and apply for a new entry visa after which was successful. He was given 3yrs plus, we applied for a his LR settlement visa this morning after nearly 4hours and questioning him the calculations of his 10years, and we can see the case worker spend time in her desks calculating, searching on her computer and talking to her colleagues. She called my son twice to her desk to confirmed and clarify some dates that are not clear form his passports.
But finally his application was successful, thanks to this forum especially moderators. Now we are going to university to changed his status to home student. Hope to returned the favour to anyone who is in similar situation

Scworried
Newly Registered
Posts: 6
Joined: Wed Sep 13, 2017 1:01 am
Philippines

Re: Successful advised received on this forum

Post by Scworried » Tue Sep 11, 2018 11:33 pm

My apology it was CR001 who replied to my quiries thank u very much.

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