Eligibility

[amyli]

Hi

I was eligible to apply for ILR after working in the UK for 5 years on a work permit visa. My application was invalid and returned to me after my visa expired. I have reapplied, asking for a reconsideration.

If this is not successful and I leave the UK and re-apply to enter on a Tier 2 visa (I am not eligible for a Tier 1 visa), will I be eligible to apply for ILR again as soon as I get back to the UK?

Essentially, I would be applying as a Tier 2 visa holder but claiming eligibility for having 5 years continuous service under as a work permit holder. Is that possible?

Thanks

Amy

[geriatrix]

If your (first) application is still considered invalid or if your out-of-time application is not accepted and/or settlement is not granted based on either of these two applications for any reason, I am afraid, your ILR clock has been reset.

Unless the initial application is considered valid because of 3+ months delay from UKBA's end to inform you of an invalid application, you do not have Section 3C protection and, as a result, with no valid leave to enter / remain in the UK, continuous residency in the UK has been broken.


regards