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10 yrs long residency

Posted: Mon Sep 05, 2011 10:01 am
by KASHER
Just want to know that is it possible to get ILR by spending 6 yrs on student visa plus 2 yrs psw plus two yrs dependant of tier 4 general. I am planning to apply for new entry clearance for last two years as I am on psw now which is going to expire in Feb 2012.
Thanks in anticipation.

Posted: Mon Sep 05, 2011 10:04 am
by Lucapooka
Any legitimate periods of residence can be aggregated to make up 10 years of continuous unbroken residence. If you are sure you have no gaps in the chain then it's likely you will qualify.

Posted: Mon Sep 05, 2011 10:17 am
by KASHER
Many thanks, I have no gap at all, and am planning to apply for entry clearnce now so that before my psw expire i can get Tier 4 dependant visa. I have already prepared the file and flying back home next week to submit as soon as possible. thanks for prompt reply

Posted: Mon Sep 05, 2011 6:58 pm
by KASHER
am very confused now. Scenario is My PSW is finishing in Feb 2012 by that time it will be 8 years while I am in UK, I need two more for long residency ILR. I have an option that I can go back home and reapply for entry clearnce as Tier 4 dependant as my wife is doing PhD on fully funded scholarship. I have talked to 4 solicitors. two of them said continuous residence is broken if you re enter uk in a different category. two of them said no it will not break. Dont know what should I do?
Suggest please as I have already book ticket for next week.

Posted: Mon Sep 05, 2011 7:58 pm
by geriatrix
2.2.8 (Example 2)

Posted: Mon Sep 05, 2011 8:58 pm
by KASHER
But example 2 explains that both previous leave and fresh entry clearance in same category as student. Thats what I was concerned as well when I talked to one of the immigration lawyer.

Posted: Mon Sep 05, 2011 9:00 pm
by geriatrix
Perhaps, reading the document in full will be useful.

Posted: Mon Sep 05, 2011 9:35 pm
by vinny
276A does not specify that leave has to be in the same category (Example 3).

Posted: Tue Sep 06, 2011 2:42 pm
by KASHER
So it means one just needs to spend 10 years legally with no gap, does not matter whether he got new entry clearance in different category of the point based system!!!!!!!!!