Re: specific circumstances ILR long residence 10 years

If anyone can give some insight it would he much appreciated...
Immigration history as follows:
September 2005- July 2007 working holiday visa (issued outside UK)
September 2007-September 2011 student visa (issued outside UK)
September 2011 - August 2013 post study work visa (issued within uk)
August 2013- January 2015 tier4 student visa (issued within UK)

I left the UK in January two days before the expiry of my tier 4 visa. Spent just under 6 months in my home country and have recently been admitted as a visitor with a stamp gained at port (non national for visitor visa).
All my applications have been made in time. Am I eligible to apply for ILR long residence??

jojo9805 wrote:If anyone can give some insight it would he much appreciated...
Immigration history as follows:
September 2005- July 2007 working holiday visa (issued outside UK) - When u left UK in July 2007 was ur visa valid?
September 2007-September 2011 student visa (issued outside UK)
September 2011 - August 2013 post study work visa (issued within uk)
August 2013- January 2015 tier4 student visa (issued within UK)

I left the UK in January two days before the expiry of my tier 4 visa. Spent just under 6 months in my home country and have recently been admitted as a visitor with a stamp gained at port (non national for visitor visa).
All my applications have been made in time. Am I eligible to apply for ILR long residence??

If yes then u can apply for LR 28 days before your first entry in uk assuming u don't hv spent more than 540 days outside uk.

Hi I got the same situation got my first entry as a working holiday visa 0n 14/09/2005, left uk before 3 days visa expiray to change the visa category an returned back as student in jan 2008 since then I am here. changed to PSW and now tier 1 general.

never stayed over 180 days in one go and not stayed outside total more than a year over all.

never overstayed..

Can I apply for 10 years ILR. has anybody done this before. Please share your experience.

jojo9805 wrote:If anyone can give some insight it would he much appreciated...
Immigration history as follows:
September 2005- July 2007 working holiday visa (issued outside UK)
September 2007-September 2011 student visa (issued outside UK)
September 2011 - August 2013 post study work visa (issued within uk)
August 2013- January 2015 tier4 student visa (issued within UK)

I left the UK in January two days before the expiry of my tier 4 visa. Spent just under 6 months in my home country and have recently been admitted as a visitor with a stamp gained at port (non national for visitor visa).
All my applications have been made in time. Am I eligible to apply for ILR long residence??

Salwad, it might be better for you to start your own thread as your case is actually VERY different to the OPs.

Jojo,

It could be argued that by leaving the UK and returning after nearly 6 months on a visitor visa, you were severing ties with the UK and showed an intention to leave, which goes against 276A aii. A grant of ILR would be relying on discretion...

Thank you for the replies thus far. Physicskate, to be honest I was prospectively looking to secure tier 2 sponsorship after my master's. Although I had many interviews, the truth Is that most genuine companies are not willing to go through the process of registering then sponsoring. Another thing is that my certificate was not issued until mid January whilst prospective employees were asking for certificate copies prior to interview. I have no doubt that this was a deterring factor. However I do believe that i made the right choice to leave within the legal period. If was never the case of simply severing ties...do you think I Should apply for discretionary leave directly or submit the Set LR form and Let HO decide?

jojo9805 wrote:Thank you for the replies thus far. Physicskate, to be honest I was prospectively looking to secure tier 2 sponsorship after my master's. Although I had many interviews, the truth Is that most genuine companies are not willing to go through the process of registering then sponsoring. Another thing is that my certificate was not issued until mid January whilst prospective employees were asking for certificate copies prior to interview. I have no doubt that this was a deterring factor. However I do believe that i made the right choice to leave within the legal period. If was never the case of simply severing ties...do you think I Should apply for discretionary leave directly or submit the Set LR form and Let HO decide?

Not sure what I would do; You can apply and let them decide. Nothing is certain. I wouldn't do a PEO if I were you. Just be prepared if it is a rejection.

Visitor status may be included under Long residence. However, a visitor applying for ILR may be refused under 322(7) because of V 4.2 (a) & (c), unless there was a relevant change in circumstances.

sushdmehta wrote:Visitor status may be included under Long residence. However, a visitor applying for ILR may be refused under 322(7) because of V 4.2 (a) & (c), unless there was a relevant change in circumstances.

Acknowledged with thanks. Will take everything into consideration

Hi members,

I have been searching for information relevant to my case online and at this point I am confident that a visitor's stamp can be counted towards long residency ILR. However, I am yet to come across anyone on Visitor's status or visa who has subsequently been granted long residence. So... my next questions... if one cannot switch from a visitor to any other category within UK AND one cannot apply for ILR from outside UK, what option have I got??

jojo9805 wrote:Hi members,

I have been searching for information relevant to my case online and at this point I am confident that a visitor's stamp can be counted towards long residency ILR. However, I am yet to come across anyone on Visitor's status or visa who has subsequently been granted long residence. So... my next questions... if one cannot switch from a visitor to any other category within UK AND one cannot apply for ILR from outside UK, what option have I got??

You could leave the UK and apply for a relevant visa (Tier 4, Tier 2), and return to the UK and immediately apply for ILR. Or you could apply and be prepared for a rejection (not saying it will be, but that it could be) because you are currently a visitor, so not meant to be living in the UK.

i think that it is better you go out and come in again under accepted category before applying for ILR

ILR granted at PEO a couple of weeks ago. If this gives hope to one person then it was worth posting. Thank you guys for all your help.