10 year stay in UK

[roopnager]

I got student visa in Mar 2005 undergraduate studies which was expired in Feb 2008. I applied for Msc from out of UK, got the visa up to Jan 2009. Later on got PSW after completion of MSc in 2010 expired in Feb 2012. Immediately started Phd on Tier 4 again from feb 2012 till Feb 2015. During all these years, remained out of UK approx 500 days.

In March 2013, again traveled out of country due to an emergency situation after taking leave from university. As per 10 years ILR rule, person can only stay out of the UK for not more than 560 days.

Wondering am I still eligible to apply ILR on the basis of 10 years rule in Feb 2015 ? Will UKBA consider my ILR application on the basis of any extenuating circumstances ? any honest opinion will be highly appreciated.

[TheGreenTea]

1. Have you been outside UK for more than 560 days? (Count them!)
From your answer it is not clear whether you breached this rule or not.

2. When left the UK to apply for visa for MSc outside UK, did you leave the country on a valid visa? If the answer is yes - you are fine. Otherwise this is a break in continuity

You are eligible to apply in Apr 2015 (If you entered UK in march 2005) subject to immigration rules being the same, if you didn't breach the first two points.

Further info can be found here

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[roopnager]

Thank you for your reply along with supporting document.

1. Yes, it is 560 days already. Does it mean I can't take support on the basis of any exceptional circumstances if the immigration rule remain the same up to Mar 2015 ?

2. I left the UK in 2008 on valid visa.

[TheGreenTea]

The rules might (most certainly will) change by Mar 2015.

At the moment, once you are over the 560 days limit you have broken the continuity.
You can of course apply for an ILR (10 year route) if you are over the limit and provide all the supporting documents, e.g. medical certificates (explaining why you had to be out of the country for treatment), marriages,
etc. However, this application will be at discretion of the officer. If the CW feels that you are in breech and your visa at the time of refusal is still valid, you will not even be able to appeal. You will have to wait until the reasons of the refusal go away and reapply again (remember that ILR application is costly, approx £1000 at the moment and the price will go up)

So it is really up to you.
Either you don't travel outside the UK up until March 2015 or you travel
but
- send application with a risk of being rejected
- move the application date further, so your days outside the UK are within 560.