ILR qualifying period

[MM0512]

Hey,

I've recently started to look into applying for ILR status,as I am coming upto 10 years long residency mark.

I have a few questions on this though and wondered if anyone would have a better idea about it.

First question:
I had come to the UK in Dec. 2002 on a visit visa, decided I wanted to study here, went back to my country of residence around March 2003 and re-entered the UK about June 2003 on a student visa.

But I was wondering, when do I qualify to apply for ILR. Does my visit visa count towards the 10 years? So I can apply Dec. 2012, or is it in June 2013?

Second question:
After I finished studying, I switched from the student visa to post-study work visa, in about 2009. However, I had a bit of a complication there. I had sent my post study application from within the UK, and weeks later they sent it back saying my form was the older version and there was a newer revision available. In this time, my visa had expired. I rung up UKBA, asked them how do I apply since its expired now, and they said I have to leave the country and apply from my country of residence. So I left and reapplied from outside the country and got granted the post-study work visa.
However, everytime I go on holiday and come back, I get stopped at passport control, and according to them I have a refusal on my immigration record. Which it definitely wasn't!
How does this effect me? Or what's going on with that?

I am currently on a work permit.

Any advice would be greatly appreciated!

Thank you.

P.S. Alternatively, can anyone recommend a solicitor, preferably someone who can provide an initial consultation without excessive fees.

[geriatrix]

1. ILR Long Residence.Confusesd.Please Advice
2. It doesn't. Only UKBA can answer that.

[MM0512]

Hi Sushdmehta,

Thank you for your response.

I had a read through the post you forwarded.
As I understand, the email from UKBA says:

"We confirm that if you are making an application on the basis of 10
years long residence, provided you have been in the UK lawfully, it may
be in any category including visitor conditions."

Which allows for visit visa to be included. But this bit:

"20. The leave of a person whose stay in the United Kingdom is subject to a time limit lapses on his going to a country or territory outside the common travel area if the leave was given for a period of six months or less or conferred by a visit visa. In other cases, leave lapses on the holder remaining outside the United Kingdom for a continuous period of more than two years. A person whose leave has lapsed and who returns after a temporary absence abroad within the period of this earlier leave has no claim to admission as a returning resident. His application to re-enter the United Kingdom should be considered in the light of all the relevant circumstances. The same time limit and any conditions attached will normally be reimposed if he meets the requirements of these Rules, unless he is seeking admission in a different capacity from the one in which he was last given leave to enter or remain."

Which says to me, as long as the visit visa was valid for more than 6 months, right?


And the second question, it doesn't effect me? Even though when I exited the country to apply for post study visa my student visa had expired?
Again, refering to your link:
"To benefit from this, an applicant
must have valid leave on the date that they departed the UK and
valid leave on the date that they returned. "

Yah UKBA would be the ones to answer this, that's if they ever get back to me! Is there an email address for enquiries related to this?

Thanks again.

[MM0512]

Hey,

I'm going to rephrase the question and scenario.

I was on a student visa, applied for a post study visa, they sent it back saying the form is the wrong version. In this time my student visa expired, they told me to apply from the country of residence, so I left the UK and went to my country of residence and got my post study visa from there.

So since my student visa, I've been on post study visa and tier 2 general.

There's a slight technicality there which is I departed when my student visa was expired. However, it wasn't intentional as I had clearly made the application for another visa prior expiry, and I left promptly (within a couple of weeks or so).

Does this mean I'm not eligible to apply for ILR? How do I go abouts dealing with this?

[vinny]

Departing after expiry of leave is a problem.

[MM0512]

Excellent stuff vinny!
Thanks.

I was reading into Section 3, I'm not quite so sure if it would be as much relevance to my situation, as it wasn't a case of being able to appeal? (couldn't completely argue having the wrong version)

Excuse my lack of knowledge in the matter, I do require a bit of layman terms.

I've been reading the ukba guidance on long res.:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I found examples on pages 19-21 quite interesting. What do you think of it? They specifically allow for one gap within a reasonable time frame.

When you say its problematic, would you suggest I go through a solicitor, or would it be something I can tackle myself (hopefully with some guidance from you guys)?

How would you present this case? Send in the forms,fees,photos,documents and hope for the best? Or is there something else I need to add?