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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have lived in the UK for approximately 10 years on an Ancestry

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I have lived in the UK for approximately 10 years on an Ancestry visa, which I am soon due to renew for the third time. I was denied permanent residency (IDR) because I was out of the UK for almost one year, however my lawyer at the time did not demonstrate that I have actually lived and worked here for nearly 10 years, he submitted my application based on one Ancestry period of 5 years (of which I was only resident in the UK for 4 years).

Do I have grounds to apply for my IDR visa based on 10 years UK residency? - I am currently building a successful business in London and I want my citizenship as soon as possible rather than having to wait another 5 years on an Ancestry visa.
Hi,

Thanks for your question.

I would say that you would be on fairly shaky ground applying on the basis of long residence I'm afraid.

The UKBA use as a guide the concept of residence during single years. One is regarded as being resident in the UK if they have spent 6 months and one day in the UK. Any less than this amount then they would not be regarded as being resident within that period.

Therefore on the basis of your time outside the UK which amounted to a nearly a year would be taken to mean that you would not have been resident for on 12 months period. The concept of residence in this sense is not restricted to a defined period (eg. with HMRC who frame residence around the financial year). ON this basis your time outside the UK for this period would generally be availed upon by the UKBA to reject an application based upon long residence.

Obviously, if you qualify (having regard to your time outside the UK during the previous 5 year) under the 5 year rule afforded to ancestry visa applicantion then I would say apply under this rule. By virtue of the fact that you are even asking the question I assume that you do not qualify.

If you applied for ILR on the basis of long residence then you would be asking the UKBA to exercise their discretion in disregarding the time you have spent outside the UK. Therefore, it's not at all guaranteed and I would not prejudice your right to apply for an extension of your ancestry visa for this sake.

If you have the time (ie. left on your visa) and the financial resources to spend the application fee possibly to lose it as a sunk cost then I would say that it may be worth a try via a very good practitioner. You would certainly have to demonstrate your settled family life in the UK, as well as the taxable income that you earn for HMRC to take a slice of to have any kind of chance.

I'm sorry it could not be better news, but the 6 year period is one that I have come familiar with as being a fairly determinative criteria adopted by the UKBA in this respect.

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Kind regards,


Tom
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Customer: replied 5 years ago.
To clarify please Tom - you mentioned the following: "if you qualify (having regard to your time outside the UK during the previous 5 year) under the 5 year rule afforded to ancestry visa applicantion then I would say apply under this rule." - previously to my leaving the UK for a year, I was actually eligible to move forward to ILR as I had unbroken residence (apart from a trip or two lasting 2 weeks) in the UK for 5 years (2004 to 2008). Could I apply based on this?



Hi

I will answer in an hour

Tom
Customer: replied 5 years ago.
Hi. You said you would reply to my last question reply but I have not yet received a response?
Sorry!

I'm on my phone, may I answer tomorrow morning at 9bst. I will certainly remember this time!

Tom
Hi,

Sorry for the delay.

When you apply for ILR based upon 5 years, it is the 5 years preceding the date you make your application. So, if in the past you at one point have an unbroken chain of five years the you could have applied at that point, but if you have since broken the chain because of your time outside the UK you cannot make your application now.

Kind regards

Tom