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Indefinate Leave to Remain - Eligibility check

Posted: Tue Jul 26, 2011 11:14 pm
by singh1827
Hi Guys,

I came to UK in Sep 2005 under student Visa
Completed my Master's Degree
Applied and Got HSMP in Jan 2008
Extended my HSMP Visa to Tier 1 general category in Jan 2010
I'm entitled to apply for ILR in Jan 2013

Note: Currently working as an IT professional


Now, I'm planning to leave UK

In present circumstances is there chance for me to apply for ILR before 2013

1. If so, when can I apply?
2. For how many months I can be out of UK?
3. Will my student Visa will cover for me to apply for ILR?
4. If I dont apply for P85 when leaving the country, will I still be eligible?

Any responses much Appreciated!

Many Thanks in Advance
MSB

Re: Indefinate Leave to Remain - Eligibility check

Posted: Wed Jul 27, 2011 1:09 am
by pbs6vas
singh1827 wrote:Hi Guys,

I came to UK in Sep 2005 under student Visa
Completed my Master's Degree
Applied and Got HSMP in Jan 2008
Extended my HSMP Visa to Tier 1 general category in Jan 2010
I'm entitled to apply for ILR in Jan 2013

Note: Currently working as an IT professional


Now, I'm planning to leave UK

In present circumstances is there chance for me to apply for ILR before 2013

1. If so, when can I apply?
2. For how many months I can be out of UK?
3. Will my student Visa will cover for me to apply for ILR?
4. If I dont apply for P85 when leaving the country, will I still be eligible?

Any responses much Appreciated!

Many Thanks in Advance
MSB
I think you need to finish 5yrs hsmp + Teir1 for ILR

Re: Indefinate Leave to Remain - Eligibility check

Posted: Wed Jul 27, 2011 9:38 am
by xyz123
singh1827 wrote:Hi Guys,

I came to UK in Sep 2005 under student Visa
Completed my Master's Degree
Applied and Got HSMP in Jan 2008
Extended my HSMP Visa to Tier 1 general category in Jan 2010
I'm entitled to apply for ILR in Jan 2013

Note: Currently working as an IT professional


Now, I'm planning to leave UK

In present circumstances is there chance for me to apply for ILR before 2013

1. If so, when can I apply?
2. For how many months I can be out of UK?
3. Will my student Visa will cover for me to apply for ILR?
4. If I dont apply for P85 when leaving the country, will I still be eligible?

Any responses much Appreciated!

Many Thanks in Advance
MSB
You either need to complet 10 year of legal stay in UK (on any visa including student visas) or 5 years on HSMP. If you leave UK now, you will not complete either of the stays and hence wont be able to apply for ILR until you fulfill this criteria in future.

If you leave UK for mroe than 90 days (or total of 180) days there is a high possibility (even higher if it is not uk-employment related) that it will be considered a break in residence and your ILR clock will reset. From what u r describing it looks like u want to go away for long itme. if so, u dont have much chance for ILR.