Successful application for indefinite leave to remain on the grounds of long residence, despite excessive absences

Our client first entered the UK as student in 2000, he was ten years old at the time. For 13 years he continued to legally stay in the UK as a student, first to attend boarding school and then to pursue his undergraduate and postgraduate studies.

However, when our client's studies were nearing their end, he instructed us to assist with finding a way for him to legally remain in the country.

An application for indefinite leave to remain in the UK on the grounds of a ten year long residence was the most appropriate application, however, our client had excess absences and, therefore, did not squarely fit within the residence requirements. This was due to the fact that our client was required to spend holidays and non-term time, during which he could not be housed by his boarding school, abroad.

We argued that discretion should be exercised in our client's case, particularly because, during his formative years, our client adapted to life in the UK more than in any other country. Furthermore, 13 years' worth of studying in the UK left our client with qualifications identical to those of a British national educated in the UK, which meant his education and experiences were specifically relevant to a career and life in the UK.

Five months after the application was submitted, the Home Office approved the application.

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