Tier 2 General - ILR Qualifying Period

[NeedAdvicePlease]

Hello all,

Background:

- I am on a tier 2 general visa since July 2009. To date, I have been in the UK under this category for 3 years and few months

- My first entry to the UK was on Feb 2002 under a student visa. I have been in the UK since then (More than 10 years).

- I don't qualify for the 10 years ILR as I have spent more than 21 months during the past ten years.

- I have been on student visa since my first entry i.e. Feb 2002 until July 2009 when I switch to Tier 2 General.

Questions:

1) Is the 5 year ILR the only option for me to apply for an ILR? Yes/No

2) Regarding the continuous period of five years lawfully in the UK requirements, given that I have been here more than 10 years, do I automatically meet this requirement ? Yes/No

3) Or does the five-year continuous period starts from the date I was granted the tier 2 general i.e. from July 2009? Yes/No

4) If Yes, does this mean that the soonest I can make an ILR application is on July 2015? Yes/No

5) How many days in total am I allowed to spend outside the UK over the 5-Year Qualifiying period? Is it 180 days per year Or 180 days over the 5 year period?

6) Does the same number of days restriction apply to my dependents? (Yes/No) Or are they free to spend as much time as they want outside the UK?

7) My wife is on a PBS Dependant Visa, can she apply for an ILR (after two years) independently and before I am eligible for ILR i.e. after 5 year? (Yes/No) Or does she have to wait until I am eligible to make an ILR application with me?

Many thanks for your help and good luck to everyone.

Kind regards!

[Lucapooka]

1) If you are sure your Long residence was broken.

2) No

3) Yes

4) Yes.

5) 180 per year if related to your work

6) No.

7) With you

[NeedAdvicePlease]

Thank you very much for your response Lucapooka.

Regarding question (3):

- 180 per year (180 X 5 years = 900 days in total for the 5 years). Correct?

- I am not sure what you mean by (if related to your work). Does this mean that I am not supposed to leave the UK during the qualifiying period unless it is work related? i.e. holidays and family visits in other countries during the 5 year period disqualifies me even if it within the 180 day per year limit.

[Lucapooka]

I mean that a cumulative or continuous absence of 180 days in a single year would have to be work-related (backed up with letters from your sponsor). You can't have 180 days of holiday and expect to be granted ILR. So, beyond a nominal 5 or 6 weeks of vacation, you would need to have evidence from your employer that the absence was with regard to your work.

[NeedAdvicePlease]

Thank you again for clarifiying. I have not spent more than 4 weeks a year outside the UK for the past three years (including holiday and work). I am glad to know that I haven't broken my contiuous absence.

[NeedAdvicePlease]

Hello again,

Regarding question (1): As outlined in my first post, I have been here for more than 10 years but I have been outside the UK for more than 18 months during 10 years qualifiying period under the 10 Year ILR route. I have made an ILR application (based on the 10 year route) on Feb 2012 (i.e. as soon as I reached the 10 year milestone) which was not successfull because I have spent more than 21 months outside the UK.

Most of my absence was at the begining of the ten year period. Since most of my absence was at beginiing of the 10 year period, can I wait for some more time untill I am under the 18 months limit e.g. an extra year or two. Meaning: Waiting until Sep. 2013 which by then I should be under 18 months and in the UK for 11 years and 7 months. Does this work? (Yes/No)

If does, I understand that my depenants cannot apply with me at the same time under the 10 Year ILR. I understand that I can register a child using MN1 application once I gain an ILR. But for my wife, I am not sure what her status will be. She is on a PBS dependant of tier 2 General. So my new questions are:

8) Assuming that I was granted with ILR under the 10 Year route. Will her PBS visa remain valid? If not, what should she do?

9) When can she apply for an ILR, what application and what are the requirments?

Thank you very much and all the best.

[NeedAdvicePlease]

Does anyone have answers to my questions in the post above please?

Your help is very much appreicated. Many thanks!