Immigrationboards.com

HI,

i came to the UK in Aug 2008 under join a spouse visa and then had a tier 1 dependant visa and now i have a tier 2 general visa after separation from spouse. I have now completed 10 years in UK and think i am eligible for ILR but not sure.
I have been living in UK continuously and never been out of the country for more than 90 days continuously and less than 540 days in total.
Can you please guide which visa category i am eligible.
Also want to to know if in any case my ILR is rejected, will my current Tier 2 general visa still remain applicable?

Set LR form if you meet all the requirements.

No your Tier 2 will not be cancelled if your long residence ILR is refused, provided of course you still meet the requirements for Tier 2 and your sponsor does too.

You don't state how long you have held a tier 2 visa so impossible to comment on this route.

If all your previous leave applications were made on time & you have not been away for longer than required then you should apply for ILR (LR). You will need to provide all your passports to prove residence. Any rejection should not result in your existing leave being revoked.

Apologies but let me elaborate my situation a bit more.Before getting a Tier 2 sponsor visa my ex husband had applied for ILR along with me as dependent and was rejected and was appealed and rejected. Then my employer sponsored my visa.

Details of visa from beginning
1. Visa to join spouse
Valid from 20/08/2008 - 06/06/2010

2.Tier 1 (Dependant) Partner
Valid from 16/09/2009 - 16/09/2012

3. PBS Dependant - Leave to Remain
Valid from 14/01/2013 - 14/01/2015
4. Ex husband applied for ILR (along with me as dependent) by post on 12th Jan 2015, rejected, appealed and rejected in Aug 2016. I left for India in 10 days after than and came back with Tier 2 general visa as below.

4. Tier 2 (General) Migrant

27/10/2016 - 06/11/2019 (current visa)

sorry i should have given all details in the first place. i am still eligible for LR and will it be a complicated case. this time i will apply in my own name not as dependent.

You don't qualify for long residence then from what I can see.

You became an overstayer when appeal was exhausted. You also don't state the reason for ilr refusal and if you and ex appealed or just your ex.

What date was your last appeal rejected in August 2016?

What date did you leave the UK?

What date did you Apply for your tier 2 general?

What date did you enter the UK on your tier 2?

ILR refusal for my ex husband (and me as well under dependant of main applicant) was because he was outside UK for work for more 180 days in one of the previous years - 2014.
ILR application was made on 12th Jan 2015 - rejection decision came sometime in July 2015. Appeal shortly which was then heard and rejection letter came on 16th August 2016.

i left the country on 31st August 2016.Got the tier 2 visa on 21st October and came back on Tier 2 general on 31st October 2016.

What date did you APPLY for tier 2?? Not the date it was issued!!

application was submitted online on 4th October and visited the visa centre in person on 12th October 2016.

Your continuity of residence for ILR based on 10 years long residence is broken as you applied for a new visa more than 28 days after the appeal rejection etc.

You will need to wait till 2021 to apply for ILR based on tier 2 if you meet all the requirements.

thanks for the clarification, good i asked before applying for it.

i read somewhere that i am ok to apply for 10 year long residence ILR as i was covered under Section 3C when i left the country (irrespective that i withdrew my right to appeal and made a voluntary declaration to leave the country). Can you share your view on this please.

Thanks, a lot.