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ILR 10 Year - Break in Continuous residency

Posted: Fri Mar 02, 2012 6:45 am
by bhamblues
Hi,
I came to UK under student Visa in Sep 2003. I then switched to SEGS (equivalent to psw) in 2004 followed by Tier 2 Work permit in Jan 2006. All of my applications were made in time.
My Tier 2 Work permit was granted till Jan 2011. But I was made redundant in Jan 2010. So I left to India to look out for a job there and to be with my mom as she was ill. I later came back to UK on Sep 28th 2010 as a Student Dependant and I am currently a Tier 1 PSW dependant.
My worry is would I be able to apply for ILR under 10 year rule in Sep 2013. I have stayed more than 6 months (around 8 months) outside UK. I have no other gaps in my Visa. Kindly advise

Posted: Fri Mar 02, 2012 6:50 am
by vinny
Unfortunately, an absence of over six months is sufficient to break continuous residence.

Posted: Fri Mar 02, 2012 7:07 am
by bhamblues
Thanks for the reply.
My 10 years in UK is completed by Sep 2013. My current Visa is valid until March 2014. But due to my break in continuous residence, would it be any better if I apply around March 2014 so that I would have covered that extra time up.
Is it possible for the case worker to use discretion in my favour as I have read that it is possible for the case worker to apply discretion once for a single break in continuous residence.
Many thanks