Ilr under 10 years on student visa or ilr under tier 1

Hello
I completed 10 years on a student visa then went away for over a year and came back on a tier 1 visa.
I was told By members in this forum that I can apply under 10 years however I was told by a lawyer that I can't because I came back under a tier 1 visa.

wont the home office query why I did not apply earlier as I am into the 4th year of my tier 1.

Under tier 1 I only worked about 13 months before the extension and was made redundant afterwards in oct 11. I was unemployed till feb13
I can apply for ilr in jan 2014.

Can I apply under tier 1 as I was not employed for long durations and I did go back home every year for less than 4 weeks but I won't be able to get a letter from an employer as I was unemployed

Can someone please tell me which is the more viable option

Thanks in advance

A person who has already/previously build up atleast 10 years of legal residence is entitled to apply ILR at anytime. Your 1 year absence after completing 10 years won't affect it.

Bump

Your question has been answered.

Will I be able to apply under tier 1 given my circumstances as stated above

Thanks

Trahman007 wrote:Will I be able to apply under tier 1 given my circumstances as stated above

Thanks

If you have 10 years of continuous and legal stay in the UK then you can apply for ILR now. If you built the 10 years then had a 1 year break you can still apply for ILR now providing your current leave is valid.

Thanks for input.
Reason why I am asking if I can apply under tier 1 is that then I can do a same day application if I do it under 1o years it will take upto 6 months.


Thanks in advance

Trahman007 wrote:Thanks for input.
Reason why I am asking if I can apply under tier 1 is that then I can do a same day application if I do it under 1o years it will take upto 6 months.


Thanks in advance

If set(lr) takes 6 months but you won't qualify for PBS ilr until jan 2014 that argument doesn't make sense,

Hi if I may let me re phrase my initial query.
Given my circumstances( only working before the tier 1 extension working presently) will I be able to apply or ilr under tier 1 as I have had gaps in employment and also won't be able to get letters from employers to cover the periods away from the country as I was not working at those times.

Cheers

Trahman007 wrote:Hi if I may let me re phrase my initial query.
Given my circumstances( only working before the tier 1 extension working presently) will I be able to apply or ilr under tier 1 as I have had gaps in employment and also won't be able to get letters from employers to cover the periods away from the country as I was not working at those times.

Cheers

You can certainly apply for ILR under Tier 1 in 2014. There is no requirement for the applicant to being continuously employed for the whole 5 year period under the Tier 1 General category that you are under now.

As long as you have not been out of the country for more than 180 days in a year, the PEO caseworker shouldn't ask for any employer letters(based on recent experience of successful PEO applicants). If you are asked, explain that you were not employed during the period in question.

Please continue in your other thread