Eligibility for 10 year ILR category

[vikasverma]

Hi Experts,

I have a very basic question for you but I am not able to find the clear answers for the question on the internet so I am here for expert opinion.

My question is on eligibility for 10 year ILR category. Actually my wife came to UK on student visa and since then she is in UK. There were few hiccups and breaks during her tenure in UK but none of them contributed to 180 days at a time or 540 days in total till now.

Before mentioning her tenure in UK, i would like to let you know that I am her husband and I am in UK on Tier 2 ICT visa since Sep 2010.

Below is the summary of her tenure in Uk in chronological order. I have also mentioned the reasons for break for clarity. Request you to please let me know when she will be eligible for 10 year ILR category.

Sep 2007 - Jan 2009 - She was on stident visa and she was in UK for complete duration.

In jan 2009, she applied for PSW visa but it got rejected due to shortage of funds in bank. This decision came in March 2009 and she has to go back
to India in March 2009. She reapplied the PSW again and got it in June 2009 which was valid until June 2011. She came to UK again in Aug 2009 (after her departure in March 2009)

Aug 2009 - June 2011 - PSW visa

Before her PSW expired, she got a sponsor in UK and she moved to Tier 2 general category.

June 2011 - Mar 2015 - Tier 2 ICT visa

In Dec 2014, unfortunately company who sponsored her lost the sponsorship license and even after appealing, they lost and my wife got a letter to leave UK by April 2015. SInce I was married to her and I was already in UK, I switched her on to my visa as dependent.

March 2015 - till now - She is on tier 2 ICT dependant visa.

My company is extending my visa again for two years so I will be having valid UK visa till March 2019. So, she will be on dependant visa till March 2019 as of now.

So, my question is, whether she is eligible in Sep 2017 for 10 year ILR category. If not, then by when she will be eligible to apply the same?

Thanks in advance for reading such a big post and I really appreciate it.

Any clear advise on this front will really help me clearing my doubts.

Regards
Vikas

[vinny]

In jan 2009, she applied for PSW visa but it got rejected due to shortage of funds in bank. This decision came in March 2009 and she has to go back
to India in March 2009. She reapplied the PSW again and got it in June 2009 which was valid until June 2011. She came to UK again in Aug 2009 (after her departure in March 2009)

276A(a)(i) may be a problem.

[vikasverma]

In jan 2009, she applied for PSW visa but it got rejected due to shortage of funds in bank. This decision came in March 2009 and she has to go back
to India in March 2009. She reapplied the PSW again and got it in June 2009 which was valid until June 2011. She came to UK again in Aug 2009 (after her departure in March 2009)

276A(a)(i) may be a problem.

Hi Vinny,

Thanks for the quick reply. So are you saying that she will not be eligible until 2019? Is there any way to get a confirmed answer on this?

Regards
Vikas

[CR001]

276A(a)(i) may be a problem.

Hi Vinny,

Thanks for the quick reply. So are you saying that she will not be eligible until 2019? Is there any way to get a confirmed answer on this?

Regards
Vikas

Did you click on vinny's link and read the Immigration Rule he is referring to?

Long residence in the United Kingdom
276A. For the purposes of paragraphs 276B to 276D and 276ADE(1).

(a) “continuous residence” means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant:

(i) has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or

[vikasverma]

276A(a)(i) may be a problem.

Hi Vinny,

Thanks for the quick reply. So are you saying that she will not be eligible until 2019? Is there any way to get a confirmed answer on this?

Regards
Vikas

Did you click on vinny's link and read the Immigration Rule he is referring to?

Long residence in the United Kingdom
276A. For the purposes of paragraphs 276B to 276D and 276ADE(1).

(a) “continuous residence” means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant:

(i) has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or

Hi CR001,

I have read those rules and I can see that she will not be eligible in Sep 2017. But my question is her visa was curtailed in 2015 as well when I switched her to dependant visa within UK. Does that mean she has to complete 10 years from 2015 onwards?

Regards
Vikas

[CR001]

The 2015 issue should not be a problem as long as she applied for another visa within the curtailment period.