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10 Year Ilr 9 Month Gap


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#1 Takahiro

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Posted 21 October 2012 - 02:34 AM

hi

i'm currently trying to figure out if it is even worth my time to apply for the 10 year ilr residency. i came to the uk originally to study chinese and chemistry. as part of my course i had to spend a two semesters studying in china. this resulted in a 9 month gap. will this automatically make me ineligible for the 10 year ilr, or will it be okay since i was studying as part of my course?
any help would be much obliged.



#2 Takahiro

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Posted 21 October 2012 - 02:35 AM

the university required me to spend a the year in china. i didn't necessarily have a choice.

#3 Gentleman of Leisure

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Posted 21 October 2012 - 07:29 AM

It's a gap. Your choice (which you freely took) was to continue on a course that had a period overseas that would break your residence.


Events that break continuous residence
Continuous residence is considered to be broken if the application has:
- been absent from the UK for a period of more than six months at any one time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK
- spent a total of 18 months outside the UK throughout the whole 10 year period.

#4 Visa Direct

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Posted 21 October 2012 - 11:10 AM

It's not impossible but it would help if you could provide certain documents regarding the gap and also depends on your personal circumstances in the UK. If you are going to apply I think legal assistance would benefit you.

#5 Victoria

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Posted 21 October 2012 - 11:25 AM

If you spent two semesters in China, did you not come back to the UK between semesters?

#6 Takahiro

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Posted 21 October 2012 - 01:03 PM

what kind of documents do you think i should provide? i had to spend that year abroad in china in order to graduate and gain chinese language skills. no i did not return to the uk between semesters, my programme was intensive so i needed to stay in china at the time.

#7 Victoria

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Posted 21 October 2012 - 01:04 PM

Then I can't see how you can qualify. You probably would if you had come back between semesters. There is no discretion on this.

#8 landcruiser94

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Posted 23 October 2012 - 03:08 PM

This is a very unfortunate situation to be in. I also fell foul of this rule when I took up a work abroad opportunity with my employers (with a work contract clearly stating that I would return back to the UK after my period abroad). I had an initial 8 months gap and would have qualified for ILR based on 10 years in September 2011.

After posting my story on this forum, I found out that there really isn't anything I can do about the situation. I am now 11yrs+ legally in the UK and still no ILR to show. There doesn't seem to be any means of making up the absences either. UKBA needs to relax this rule really. One big mess!

#9 Gentleman of Leisure

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Posted 23 October 2012 - 03:16 PM

UKBA needs to relax this rule really.


They have done the opposite. It's no longer possible to remain in the UK for 10 years as an adult student.

#10 Visa Direct

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Posted 23 October 2012 - 04:29 PM

what kind of documents do you think i should provide? i had to spend that year abroad in china in order to graduate and gain chinese language skills. no i did not return to the uk between semesters, my programme was intensive so i needed to stay in china at the time.


I'm sure you will still apply... If you are going to then legal assistance would be of benefit. I have dealt with similar gaps with success but as I said every case is different.




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