am i eligible

Hi,

I'm having difficulty understanding my stay in UK are eligible to apply for an ILR. I'll greatly appreciate your help on this matter.

Here's a break down of my residence in UK

February 2006 - February 2008 - WORKING HOLIDAY VISA
Break from 17th December - to 13th January 2008 - Dad passed away emergency travel ( total 28 days)

February 2008 - December 2008 - FLR- as I had applied for HSMP although I had to withdraw my application and travel back home thought this would be better as my partner had PSW and I could apply as dependent

December 2008 - June 2009 - in home country awaiting on my PSW dependant Visa (6 months which is 180 days)

June 2009 - September 2010 - PSW Dependant
In this I had a break from December 2009 to January 2010 - 2 weeks holiday (14 days)

End Of September 2010 To May 2011 - abroad awaiting on my Tier 2 visa as a main applicant due to UKBA' errors on my application they made me wait its a long saga...... (8 months which is 240)

May 2011 - till date currently in the uk as a tier 2 work applicant

Please let me know if I can apply for an ILR now. roughly around 462 days abroad Thank you so much in advance!


Posts: 22
Joined: Fri Jan 28, 2011 7:12 pm

On what basis do you want to apply for ILR? I am assuming it is Tier 2 and if so, what category of Tier 2 do you hold and what is the start date of your visa and what date did you enter the UK?

I don't see how you'd qualify yet.
Even if your clock didn't reset, it's too soon under the 10 year rule, as you didn't start until February 2006. But I'm guessing your clock reset during the long absence (10 year path allows absences of no longer than 180 days at a time) and started again when you entered in May 2011 as a Tier 2 holder. If that is a Tier 2 General, then you have to hold that for 5 years, which wouldn't be until May 2016 (applying 28 days before the 5 years). If it's Tier 2 ICT then you won't qualify at all.