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LawyerAk
LawyerAk, Solicitor
Category: Immigration Law
Satisfied Customers: 2459
Experience:  Expert in Immigration and family law
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Getting ILR in the UK based on residence

Customer Question

Getting ILR in the UK based on long residence
Submitted: 10 days ago.
Category: Immigration Law
Expert:  LawyerAk replied 10 days ago.

Good evening, I am Lawyer Ak and I will be assisting you today.

Expert:  LawyerAk replied 10 days ago.

Please go ahead with question?

Customer: replied 10 days ago.
I am planning to apply for an ILR in the UK based on continuous residency of 10Y - I believe I qualify but would like to run it through you just in case
Customer: replied 10 days ago.
I came to the UK to study in Oct, 2012 and my studies end in May 2016. I got my PhD and applied for a doctoral extension scheme - that was in the UK - I did not leave the country
Customer: replied 10 days ago.
The doctoral scheme last for one year and I had my leave to remain until May 2017
Expert:  LawyerAk replied 10 days ago.

When applying for 10 years long residence there should be no breaks in your stay for example continuous visa throughout.

Expert:  LawyerAk replied 10 days ago.

From 2017 did you have another visa throughout?

Customer: replied 10 days ago.
I think the can be a 180 days break?
Customer: replied 10 days ago.
I left the UK in Mar 2017 to work in the US and got a tier 2 visa starting end of July 2017
Customer: replied 10 days ago.
I was outside of the Uk for almost 5 months
Customer: replied 10 days ago.
I applied for a tier2 visa outside the Uk
Expert:  LawyerAk replied 10 days ago.

When applying for 10 years long residence the continuous residence should be from the U.K.

Customer: replied 10 days ago.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/988907/long-residence-v17.0-gov-uk.pdf
Customer: replied 10 days ago.
Page 15 - example 2
Customer: replied 10 days ago.
That’s the guidance from home office
Customer: replied 10 days ago.
The example shows that visa was not from the Uk
Expert:  LawyerAk replied 10 days ago.

As per the guidance this is reference to the student visa not from student visa to tier 2 usually holiday is allowed however when returning on another visa you switch in country.

Customer: replied 10 days ago.
Page 11, the paragraph starting - if the applicant had existing ....
Customer: replied 10 days ago.
It’s states I can change visa categories, irrelevant of tier4 to tier4 or whatever
Expert:  LawyerAk replied 10 days ago.

I am familiar with the guidance however for long residence 3c leave should not be broken.

Customer: replied 10 days ago.
if I left with a valid visa and reapplied for another - I broke the period
Customer: replied 10 days ago.
I can’t find anything about it in the guidance or online
Customer: replied 10 days ago.
I have been in the UK since July 2017 continuously if that’s not clear
Customer: replied 10 days ago.
My question if that these 5 months outside - is it a break or not?
Customer: replied 10 days ago.
As I understand, it is not
Expert:  LawyerAk replied 10 days ago.

5 months outside the U.K. does not cause a break as this is within 180 days rule.

Customer: replied 10 days ago.
Exactly - that’s what I wanted to clarify
Customer: replied 10 days ago.
That’s the only break I had in 10 years
Customer: replied 10 days ago.
Nota break actually
Customer: replied 10 days ago.
just wanted to clarify that with a lawyer
Expert:  LawyerAk replied 10 days ago.

It was a pleasure assisting you today. Kind regards.