10 years ILR - break in continuous residence?

[Tyche31]

Hi,

I have a question regarding ILR on basis of 10-year long residence.

I understand the following three events, amongst others, would break continuous residence:
(a) being away from the country for more than 6 months at a time;
(b) leaving the UK for less than 6 months, but not having valid leave to remain on departure or not having valid leave to enter on return;
(c) leaving the UK showing a clear intention not to return.

I first came to the UK in September 2003 to study and had a series of student visas the last of which expired on 21 October 2008. Prior to that, I had got a job (and a work permit) and therefore needed to return to my home country to obtain entry clearance. I left the UK on 22 August 2008 (i.e. before my student visa was up) and returned (less than 5 months later) on 1 January 2009 on a work visa.

Although I left before my student visa expired and returned with fresh entry clearance, there is nevertheless a break in my visas - the period between August 2008 and January 2009 was not covered by a visa, but then again I was not physically in the country.

Having been through the Home Office guidance on long residence, I have not however come across anything that specifically deals with this point. I wondered if anyone could shed any light on this? Will I qualify for ILR based on long residence in 2013? Any help/advice would be much appreciated!

Tyche31

[vinny]

You should be okay.

[RANA-ALI]

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
plz go to page 16 , example 2.
hope this will answer ur question

[Tyche31]

It really puts my mind at ease. Vinny and Rana-Ali, thank you both so much!

[Mehr]

I would like to know where does in the law it is mentioned that days of arrival and departure from the UK while traveling shall not be calculated as days of absence from the UK.
in their guidelines there is a a mention of 18 month and each month considered as 30 days.

[t123456789]

Residence Requirements 2.2

[Mehr]

Residence Requirements 2.2

what is this?

[Mehr]

I have actually been refused an application of ILR of continuous residence because 548 days of absence was calculated( some of the days of arrival or departure was included in their calculation ) without them days it would be 539.
I'm not given right to appeal ,I have been advised with JR was and a pre action letter to be send soon , but for some reason the solicitor is stalling not much time left . What shall i do???

[t123456789]

Residence Requirements 2.2

what is this?

Sorry, that was the law for citizenship. This is the one you want.

You must only count whole days as absences. Part day absences, for example, less than 24 hours,are not counted.

[Mehr]

Residence Requirements 2.2

what is this?

Sorry, that was the law for citizenship. This is the one you want.

You must only count whole days as absences. Part day absences, for example, less than 24 hours,are not counted.

The chapter 18 looks more appropriate for 10 years of continuous residence, as the second Link you said it only deals with those on work visas ie the five years role.

do you think it would be OK if i send the pre action protocol myself?

[Mehr]

This say that there is a different guide and I had a look at that ,there is no mention of excluding the days of arrival and departure.
page seven of THE LINK.

[t123456789]

I think they are talking about the continuous requirement only, ie the 10 years calculation. I can't find the actual immigration rule, but see here for a response. It's definitely that way for citizenship and 5 year ILR, very unlikely it would be different.

[Mehr]

Is the website (what do they know) connected to the government?I mean is the thing written on there shows the government position on the immigration law?

[t123456789]

Is the website (what do they know) connected to the government?I mean is the thing written on there shows the government position on the immigration law?

Not exactly. The question was a Freedom of Information request. All these requests and responses are part of the public record. That site gathers all the questions and responses and publishes them on their website. So the response is the official position (at that date). If you're unsure phone and ask. Maybe they can give you the reference in the immigration rules/law where it states it's whole days.

The reason it works like this is because once you are stamped in/out it means you were physically present in the UK on those days and you must have had entry clearance. It doesn't matter if you were in the UK for just 1 minute or the entire day, just that you were in the UK.

If you are sure your absences are less than 540 days excluding the days with your entry/exit stamps, and that was the reason they refused your visa, you have a good chance of success. Possibly the PAP will convince them to reconsider without having to go that far. Personally I would go ahead with a PAP as soon as possible, but I can't help you with that.