Need advise please

[JemmaT]

Hello all,

One of my friends is about to return to UK after almost 2 years absent.
In March 2013 he was on family holidays back in India and something freak happened and he was barred from returning to UK by his family. Instead he spend last 1.5 years working in Oman and now he resigned and about to return.

He first arrived in UK in Jan 2013 on student visa and after double master convert his visa to PSW. After ward PSW to Tier 2 and then another two Tier 2 extensions. Last extension is about to expire in Feb 2015. He was qualified to apply for ILR before left for holidays in March 2013.

Now he is about to return from Oman and intend to apply for impending ILR.
My question is - Does he has any case?
Is he still eligible for ILR as for almost two years he was not living in UK?

Many thanks

[Wanderer]

No, even if he had ILR it would be lost after two years away.

[JemmaT]

No, even if he had ILR it would be lost after two years away.

thanks for the reply.

Not even since its not exactly 2 years. He still holds valid visa.

thanks

[Wanderer]

How can he return under Teir 2 when surely his job will have gone? Pretty sure he'll be bounced at the airport.

Also from the scant information above it seems to me ILR would have been due in 2018 at the earliest - but the dates are confusing.

[moonlight55]

The (almost) two years outside UK has broken the continuity. Don't think he can apply for ILR.

[JemmaT]

Hello again,

First of all apologies. Just learn that visa type is Tier 1 General.
Now wondering if it's make any difference.

Thanks

[JemmaT]

Hello again,

First of all apologies. Just learn that visa type is Tier 1 General.
Now wondering if it's make any difference.

Thanks

[JemmaT]

Hello again,

First of all apologies. Just learn that visa type is Tier 1 General.
Now wondering if it's make any difference.

Thanks

[JemmaT]

Hello again,

First of all apologies. Just learn that visa type is Tier 1 General.
Now wondering if it's make any difference.

Thanks

[JemmaT]

Hello again,

First of all apologies. Just learn that visa type is Tier 1 General.
Now wondering if it's make any difference.

Thanks

[Wanderer]

Even not considering the huge nearly 2 year absence, would need 5 years on Tier 1/2 visa(s) so should have had this visa from 2010, yet you say he was on Student visa in 2013.....

[JemmaT]

Hello again,

First of all apologies. Just learn that visa type is Tier 1 General.
Now wondering if it's make any difference.

Thanks

[JemmaT]

Hi everyone,

Thanks for your messages.
I was informed via another source that my friend is not eligible for ILR any more as he spent more than 180 days out of UK.
Now, as Wanderer commented, the concern is will he be bounced at the immigration gates at the airport as he got just about 7 weeks left on his visa.

cheers!

[Frontier Mole]

It is highly unlikely he will be allowed back in with 7 weeks on his visa. If he has been out the country that length of time he cannot meet the requirements for re entry nor can he extend his visa under that route.
The question would be Why are you returning? It is not to continue working since he has been gone so long.

[JemmaT]

It is highly unlikely he will be allowed back in with 7 weeks on his visa. If he has been out the country that length of time he cannot meet the requirements for re entry nor can he extend his visa under that route.
The question would be Why are you returning? It is not to continue working since he has been gone so long.

Thanks for your reply. Let see what happens. I will update the post in due course about the result.

[JemmaT]

Well,

He arrived and went pass through the security & immigration checks without any hassle.

Cheers all.
thanks for all the help.

[Wanderer]

Well,

He arrived and went pass through the security & immigration checks without any hassle.

Cheers all.
thanks for all the help.

So whats he going to do now?

[JemmaT]

Well,

He arrived and went pass through the security & immigration checks without any hassle.

Cheers all.
thanks for all the help.

So whats he going to do now?

He will apply for ILR via a solicitor. He believes he has a case.
Will keep you folks in loop.

cheers

[JemmaT]

Well, HE GOT IT
No questions asked.
Thanks every one for the help.