Immigrationboards.com

Hi,

My friend has a situation like this:

been here for 9 years with tier 4 student

need 1 year to add up to 10 years for ILR application

if she applies for Tier 5 (Youth Mobility Scheme) visa , does this time period count up for the 10 year legal residency in order to apply for ILR ?

Thanks!

She will have to apply from outside of the UK and have a break of no more than 6 months before she returns on the Tier 5 visa.
"Continuous lawful residence is not broken if the applicant has a gap of leave outside the UK of six months or less. For example, applicants who leave the UK before their valid leave expires and obtain fresh entry clearance and re-enter the UK do not break continuous lawful residence, providing the absence from the UK is less than six months. See example 1 below.
Continuous lawful residence is broken if the applicant:
has a gap of leave of more than six months, or
departs the UK after their valid leave has expired."

However, is she a national of one of the qualifying countries, under the age of 30 and have £1,890 in savings?

Casa wrote:She will have to apply from outside of the UK and have a break of no more than 6 months before she returns on the Tier 5 visa.
"Continuous lawful residence is not broken if the applicant has a gap of leave outside the UK of six months or less. For example, applicants who leave the UK before their valid leave expires and obtain fresh entry clearance and re-enter the UK do not break continuous lawful residence, providing the absence from the UK is less than six months. See example 1 below.
Continuous lawful residence is broken if the applicant:
has a gap of leave of more than six months, or
departs the UK after their valid leave has expired."

However, is she a national of one of the qualifying countries, under the age of 30 and have £1,890 in savings?

she is indeed a national of one of the qualifying countries, under the age of 30 and have sufficient savings.

She is currently absent the UK with her visa expiring in OCT 2016,
and does it make her breaking any rules by re entering UK in this August with her tier 4 visa?
(she left for travel in July)

If she is applying by end of August and return with a new visa does that means she is still continuous the lawful residence?

And does tier 5 visa, count towards for ILR 10 years residency?

thanks!

Yes it counts towards ILR based on long residence.

She needs to be careful that she is not absent for more than 180 days as this will be a break in her continuous residence and will reset her clock to zero.

Also bear in mind that she will be unable to apply for a Tier 5 visa from within the UK and this can only be submitted in her home country. She should also ensure that she leaves the UK before her current Tier 4 student visa expires.