ILR - gaps

[BAI]

Hi

I'm here in the UK since August 1997. I came as a student and are now working, as since then my country has joined the EU. I'd like to apply for ILR but I read that the Home Office could refuse the application if there is a gap in the 10 years. I have 2 such gaps, the first one was when I left the UK in August 1999 and then returned in October 1999 to continue with my studies. The second one was when I left in July 2003 and then returned in September 2003 to continue with my studies. In both these cases I had an intention to return to the UK.

Do you think I should make the application for ILR on the basis of 10 years lawful residence in the UK or should not bother. What are my chances? Thanks

[SYH]

\what was your visa status during these absences?

[John]

What is your nationality? And what has been your UK visa status since your country joined the EU?

[BAI]

During my absences, my visa status was student. I'm from the Czech Republic and since we joined the EU, I've been working and have the 5 years Residence permit, which I obtained in March 06.

[John]

Do you think I should make the application for ILR on the basis of 10 years lawful residence in the UK or should not bother.

Well at the very least I certainly think you should not bother! What benefit do you perceive getting ILR would give you?

But my main point is that I don't think you can apply for ILR anyway. You have clearly switched to the EU route, and thus in due course you will get PR status automatically. Unfortunately I think the 5-year clock for that did not start until March 2006.