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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 313
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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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: 11 months ago.
Category: Immigration Law
Expert:  Frantz I replied 11 months 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 11 months ago.
So, in simple and short I don't qualify is that correct?
Customer: replied 11 months 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 11 months 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 11 months ago.
Thanks for your advice
Expert:  Frantz I replied 11 months ago.
Please rate.
Customer: replied 11 months 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 11 months ago.
I am happy to answer further questions when the first have been rated.
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 313
Experience: Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
Frantz I and other Immigration Law Specialists are ready to help you
Customer: replied 11 months 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 11 months 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 11 months ago.
Thanks for your in depth explanation. I do appreciate. Good luck.
Thanks once again
Expert:  Frantz I replied 11 months ago.
You are welcome

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