ILR Long Residence.Confusesd.Please Advice

[bango]

I came to the UK on a visitor visa valid for 6 months on 22nd December 2001.Stayed here till 4th Feb 2002 and went back to my home country.I applied for student leave and came back on 5th May 2002.

Since 2002 i have been extending my stay within the UK and always have spent time on holidays outside UK less than 6 months.

[/b]Could the senior members please confirm if i am eligible to apply for ILR in November 2011 under long residence.I have been told that visitor visa is not included.Is this correct.
On my SAR file there is no indication of visitor visa but i have my passport with the visa.

Thanks

[geriatrix]

See also Long Residence (276A-276D). Any legal catergory/leave, including visitor status, may be included.

[bango]

Thanks susdmehta.Just a bit confused with the guidelines on the ukba website which i came across.Could you shed some light on this please.

20. The leave of a person whose stay in the United Kingdom is subject to a time limit lapses on his going to a country or territory outside the common travel area if the leave was given for a period of six months or less or conferred by a visit visa. In other cases, leave lapses on the holder remaining outside the United Kingdom for a continuous period of more than two years. A person whose leave has lapsed and who returns after a temporary absence abroad within the period of this earlier leave has no claim to admission as a returning resident. His application to re-enter the United Kingdom should be considered in the light of all the relevant circumstances. The same time limit and any conditions attached will normally be reimposed if he meets the requirements of these Rules, unless he is seeking admission in a different capacity from the one in which he was last given leave to enter or remain.
Non-lapsing leave
20A. Leave to enter or remain in the United Kingdom will usually lapse on the holder going to a country or territory outside the common travel area. However, under article 13 of the Immigration (Leave to Enter and Remain) Order 2000 such leave will not lapse where it was given for a period exceeding six months or where it was conferred by means of an entry clearance (other than a visit visa).

[vinny]

You should be okay (2.2.3 and 2.2.8). Your total time absent from the UK should also be no more than 18 months.

[bango]

Thanks for the reassurance. The maximum time spent outside the UK is less than 1 year and no time spent outside 6 months.

Only concern is if i went back to my home country ( outside EU) when i was on a visitor visa does this constitute no intention to return. Could home office give this reason and refuce me.

[vinny]

See also Long Residence (276A-276D). Any legal catergory/leave, including visitor status, may be included.

Click on last link.