ILR period for those who left UK

* Me and my family arrived in UK in June 2006 under HSMP visa. Our initial leave was for one year. (Our approval letter dates back to 2005).
* We applied for extension in December 2006 and our application was assessed and refused under new Rules.
* We left UK and went back to our home country in April 2007.
* We were re-instated under JR Ruling in June 2009 and came back to UK in August 2009. Here we are self-employed and are economically active.
* If the period that we spent out of UK between these 2 leaves, is also counted towards 4 years qualifying period for ILR (as I have understood from JR 1Ruling, para 24), we'll be eligible to apply for ILR in June this year. Please advise me if we are eligible for ILR at that time? I need to know this urgently as my daughter has been offered conditional admission to University. She has to produce ILR before Sep 2010 to be treated as a home student; otherwise she will be charged as an overseas student.

halsbury wrote:* Me and my family arrived in UK in June 2006 under HSMP visa. Our initial leave was for one year. (Our approval letter dates back to 2005).
* We applied for extension in December 2006 and our application was assessed and refused under new Rules.
* We left UK and went back to our home country in April 2007.
* We were re-instated under JR Ruling in June 2009 and came back to UK in August 2009. Here we are self-employed and are economically active.
* If the period that we spent out of UK between these 2 leaves, is also counted towards 4 years qualifying period for ILR (as I have understood from JR 1Ruling, para 24), we'll be eligible to apply for ILR in June this year. Please advise me if we are eligible for ILR at that time? I need to know this urgently as my daughter has been offered conditional admission to University. She has to produce ILR before Sep 2010 to be treated as a home student; otherwise she will be charged as an overseas student.

Hi mate

the same case is mine. the time spent abroad should be counted towards ILR i was eligible for ILR on 9thjan2010. i applied and they refused saying that you don't have 4 yrs of continuous stay. now i am looking for a solicitor as they have refused the right to appeal as well. that means i cant go to tribunal as well.

This is pretty sad. JR Ruling is very much clear on it that the previous leave as well as time spent abroad would be counted towards qualifying period for ILR. How much was your stay abroad? In my case it is 2 years and 4 months. Plz keep in touch.

halsbury, in your case, your time outside UK should be deemed as in the UK. but you need to have documents to prove that:
- your extension was rejected because of the Nov 06 rule change
- you were asked to leave the UK
- you came back with approval after the 2008 JR (however, did you apply ASAP after the JR? it might be a problem if you waited 1 year, i see that you only got reinstatement in June 2009).

some of the cases where ILR was rejected, people left while they still had a valid HSMP visa. so they left on their own without trying to get an extension.