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Can I apply for ILR?

Posted: Tue Sep 04, 2018 10:06 pm
by nwokediy
I came into UK Nov 2013 under a Tier 1 general dependant visa . This visa expired in December 2015.

I put in an in time valid application for extension in Dec 2015 before my visa expired. The HO only responded in February 2018 with a refusal.

I then applied for an administrative review within 14 days in February 2018. This was also refused in April 2018. So I left UK in April 2018.

Fortunately, in August I secured a Tier 2 visa to work for my company in UK so I am now back. I returned in August 2018.

Since I have not been away from UK for up to 180 days, do you think I can still apply for ILR to be considered exceptionally in November 2018? I complete 5 years in November except for the period I was away from April 2018 to August 2018... this is less than 180 days.

Please advise.

Re: Can I apply for ILR?

Posted: Tue Sep 04, 2018 10:39 pm
by CR001
Since I have not been away from UK for up to 180 days, do you think I can still apply for ILR to be considered exceptionally in November 2018? I complete 5 years in November except for the period I was away from April 2018 to August 2018... this is less than 180 days.
No you cannot. It is not possible to combine Tier 1 Dependent visa time with Tier 2 General main visa holder time to make up 5 years. You will need to wait for 5 years on your current visa before you will be eligible for ILR.

Re: Can I apply for ILR?

Posted: Tue Sep 04, 2018 11:08 pm
by nwokediy
CR001 wrote:
Tue Sep 04, 2018 10:39 pm
Since I have not been away from UK for up to 180 days, do you think I can still apply for ILR to be considered exceptionally in November 2018? I complete 5 years in November except for the period I was away from April 2018 to August 2018... this is less than 180 days.
No you cannot. It is not possible to combine Tier 1 Dependent visa time with Tier 2 General main visa holder time to make up 5 years. You will need to wait for 5 years on your current visa before you will be eligible for ILR.

Thank you.