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UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hello, Im due to apply for indefinite leave to remain

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I'm due to apply for indefinite leave to remain here in the UK and I've 2 questions regarding the new rules in place please:

1. I have done and passed the IELTS already, required to obtain my initial entry clearance under Tier1 (General) visa, back in 2008 (Got the visa in early 2009). Will this certificate still be valid to send now?

2. I've recently found out that the Border Agency now require explanations/evidence of all the absences from the UK in the 5 past years. Whilst the new rules don't say that I must have been employed throughout the 5 years, it does say that all absences must be consistent with the terms of my visa. I left the country for ~30 days to visit my family whilst I was in between jobs in early 2010 because I already had a ticket. I came back and I found a job, and I've been employed with them since then. Will this leave be considered to break the continuous residence period in the UK required to apply for ILR?

Thank you


1) yes, the IELTS certificate may be submitted with your ILR application as it was previously sent to the UK BoRder Agency in connection with a previous immigration application;

2) no, this period outside the UK is not considered to be a break in your continuous residence in the UK as long as you had valid leave to remain or valid UK visas covering this period. If you had been out of the UK for 180 days, that would have been a break in your continuous residence.

All the best
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Customer: replied 3 years ago.

Thank you so much, what a relief!