The continuous lawful residence is the most important thing for an immigrant.
Generally, the continuous lawfully residence is seen as a part for Indefinite Leave to Remain application on the basis of continuous 10 years residence in the UK.
Calculation of continuous lawful residence
So, the major requirement under the 10 years Indefinite Leave to Remain application is that the person should have a continuous lawful residence.
Continuous means without any break.
Lawful means you always had some kind of leave to remain in the UK – Most of the confusions appear under section 3C and Section 3D leaves, or when a person has filed for an Administrative review or making repeated applications within 28 or 14 days after refusal as indicated under section 34 of the Immigration Rules.
Under paragraph 276 B of the Immigration Rules, Continuous residence means you spent 10 years in the UK without having a break in your lawful residence.
In some cases where there is a short break in continuous lawful residence, it may still be favorable for the applicant to make an application for Indefinite Leave to Remain and request discretion considering the life-changing event of getting ILR – in these cases the Home Office looks to the personal contributions to the UK, whether they have family who is settled or are British or whether the person owns a property or assets in the UK to show long term commitment.
Break continuous residence period
Where a persons leave may have expired, however, they lodged the application before their visa/leave ran out and the application was pending with the Home Office in such cases there will be no break in continuous residence. Absences below 180 days at any time do not constitute to be broken.
Absences outside the UK
You are allowed the absence of up to 540 days in 10 years and less than 180 at any time, however, if you exceed these periods then there has to be a serious or compelling reason like critical illness, a conflict or a natural disaster for your absence from the UK in various categories.
If you are looking to for Immigration Advise contact Visa and Migration Ltd on 02034111261...
