How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Frantz I Your Own Question
Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 402
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
80411141
Type Your Immigration Law Question Here...
Frantz I is online now

I have legally lived in United Kingdom 11-years

Customer Question

I have legally lived in United Kingdom for nearly 11-years in total, but there's been a break in these years.
I left UK (after 8-years 1-month of residence) two days before my residence permit run out. I returned to UK after 8-months with spouse visa, and have spent two-and -half years of probation which summed up to 10-years 7-months in total legal residence.
I would like to know if these number of years and months are enough to qualify me to apply for Indefinite Leave to Remain or Leave to Remain.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Frantz I replied 1 year ago.
HelloThank you for your enquiry. Under the 10 year rule, leave to remain must be continuous and lawful. Absences of 6 months or less is not broken if an applicant has leave to enter/remain on leaving and returning into the UK. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 1 year ago.
So, in simple and short I don't qualify is that correct?
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Frantz I replied 1 year ago.
Unfortunately on JA I cannot give advice on whether you qualify or not, you would need to make that judgment yourself or seek independent legal advice. But please note that the Home Office can exercise discretion when there is a reasonable expectation of lawful return to the UK.
Customer: replied 1 year ago.
Thanks for your advice
Expert:  Frantz I replied 1 year ago.
Please rate.
Customer: replied 1 year ago.
How does the immigration law explain reasonable expectations of lawful return?
Could you help with this phrase or clause. As I spent 8 months away from UK due to my application for spouse visa was refused because I forgot to attach copies of photographs as evidence of having met my partner before. I submitted immediately with explanation and the visa was granted.
Expert:  Frantz I replied 1 year ago.
I am happy to answer further questions when the first have been rated.
Frantz I and 2 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Sorry, I haven't got enough in my Acc so I couldn't give any tip. Hope I will give in future
Expert:  Frantz I replied 1 year ago.
Thanks for rating. Reasonable expectation is a legal term which the courts have to determine based on the evidence. Like I said before the Home Office can exercise discretion if their interpretation of reasonable expectation aligns with your circumastances. You will need to make the decision on whether you choose to submit an application on the basis of your supporting documentation and explanation or seek legal advice on whether you are likely to be granted settlement based on long stay. Unfortunately I am unable to give advice on JA.
Customer: replied 1 year ago.
Thanks for your in depth explanation. I do appreciate. Good luck.
Thanks once again
Expert:  Frantz I replied 1 year ago.
You are welcome

Related Immigration Law Questions