10 years long residence rules require the applicant to stay in the UK lawfully and continuously for 10 years. If the continuous is broken, the Indefinite Leave to Remain application on the basis of 10 years long residence will be refused. There are a few factors to assess whether the applicant’s 10 years long residence is broken. 5 factors for 10 Years Long Residence ILR application are as follows.
Absence from the UK
The 10 years long residence rules require the applicant cannot leave the UK for more than 540 days or 180 days for a single trip. If the applicant has been absent from the UK for more than the 540 days or 180days, the continuous is broken. Usually, the application is refused unless there are some compelling ground.
Some compelling grounds:
According to 10 years long residence guidance, there are some compelling grounds for the case worker to consider if the applicant has more than 540 days absences. For example: the absence due to a significant or serious illness or frailty or particularly difficult family circumstances.
Application submitted outside of the UK
If the applicant made a successful entry clearance application to return to the UK, the continuous is broken if he left the UK with no valid leave and did not submit an application within 28 days before 24th November 2016. If the applicant left the UK before his valid leave expired and returned to the UK within six months, then the continuous is not broken.
Visitor visa counts towards long residence
The applicant may apply for a visitor visa to come to the UK and subsequently apply for entry clearance to study, work or live in the UK. The time spent on a visitor visa will count towards to lawful continuous residence in the UK
Out of time application
During 10 years’ time, it is not rare for some applicant has submitted an out of time application. Usually, if the applicant submitted an application within 28 days before 24 November 2016 and 14 days after 24 November 2016 following the application was granted, then lawful continuous is not broken.
An Easy Visa has successfully helped many clients to apply for indefinite leave to Remain based on 10 years long residence, has helped many clients to assess the outcome of the application in particularly they believe their continuous is broken while in fact they are not.
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