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Hello Ladies and Gentlement,

Please, I would be very grateful if somebody can help me to clarify whether I can apply for settlement now.

Please, below is the Chronologically breakdown of my immigration history in the UK as follows:

1. I got my first Work Permit Visa on 2nd of August, 2007.

2. I switched Work Permit on 11th of November, 2008.

3. I lost my job on 21st of December, 2011.

4. I attempted switching to Tier 1 General, on 21st January, 2012, but my application was declined on the 29th of May, 2012.

5. My visa was then curtailed on the 29th of May, 2012 to 60 days. This was then due to expire on the 28th of July, 2012

6. I have now successfully switch to Tier 2 General with another UK employer on the 19th July, 2012.

Please, based on the above information, kindly advice me on whether I can apply for settlement or Indefinite Leave to Remain (ILR) in the UK and when?

Thank you.

Miracles

Before answering this I have a few questions:

i) When did you first enter the UK on your first Work Permit? Or if not, did you switch immigration categories in-country?

ii) As you have not mentioned the expiry dates of your EC or subsequent Work Permits issued in-country, I'll need to ask the question on whether you overstayed your leave in the UK during any point in time to-date?

iii) What was your immigration status between 21 December 2011 & 21st January, 2012? I.e. your points 3) & 4).

Note that, rather than the gap in employment, what you need to consider is whether you broke your lawful residence by overstaying at any time during the 5 year period for ILR.