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Query about ILR eligibility

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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mickie
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Joined: Mon Apr 02, 2018 11:53 am
United Kingdom

Query about ILR eligibility

Post by mickie » Mon Apr 02, 2018 12:20 pm

Hi,

I have a doubt regarding my continuous period.
I was in following visas,
i)Tier 4 - valid from Jan 2010 till Mar 2014
ii)Tier 2 General(PBS) - valid from Mar 2014 till 19 Jul 2015(Last date of my job was 5 Jul 2015, Out of UK on 19 Jul 2015)
iii)No valid visa from 20 Jul 2015 until 6 Sep 2015. I have made visa application on 18 Aug 2015
iv)Tier 2 General(PBS) - valid from 7 Sep 2015 till 8 Oct 2018(Arrived in the UK on 15 Sep 2015. Start date of my job was deferred until 11 Nov 2015)

As per 5 years route, Am I eligible for ILR on Mar 2019? or Should I wait for the 10 years route which will be in Dec 2019?
Could someone please clarify on this?

Thanks

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cyclina1
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Hong Kong

Re: Query about ILR eligibility

Post by cyclina1 » Tue Apr 03, 2018 1:48 am

No. You cannot apply on march 2019, because you didn't have 5 years continuous, you have break from 20 July- 6 Sep 2015. You reapply your visa outside the UK more than 28 days, likely the HO would not give discretion as your break cannot be disregard. the same also for 10 years route.

You can apply ILR 5 years after 7 sep 2015, in 2020.

Hopefully I am wrong on the break, let's see the other experts answer.

mickie
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Posts: 3
Joined: Mon Apr 02, 2018 11:53 am
United Kingdom

Re: Query about ILR eligibility

Post by mickie » Fri Apr 06, 2018 8:43 am

Thanks @cyclina1.

Looking forward other experts answer

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zimba
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Re: Query about ILR eligibility

Post by zimba » Sat Apr 07, 2018 12:26 am

You cannot get the ILR in 2019 under 5 year visa route as you applied for a new leave more than 28 days after visa expiry. However as you had valid leave when you left the UK and returned within 6 months, your continuous period for long residence is NOT broken so you can apply for SET(LR) in Jan 2020. Alternatively you can get ILR after 5 years under Tier 2 in Sep 2020
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

mickie
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Re: Query about ILR eligibility

Post by mickie » Tue Apr 17, 2018 3:40 pm

@zimba88 Thanks for your reply. I have one more question.

indefinite-leave-to-remain/great-news-6 ... 44892.html

Will this apply for my case?

Thanks,

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CR001
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Re: Query about ILR eligibility

Post by CR001 » Tue Apr 17, 2018 3:47 pm

The rule change in the topic you quote applies to all Tier 2 general visa holders.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Samdani
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Re: Query about ILR eligibility

Post by Samdani » Sun Apr 29, 2018 9:33 pm

Post by Samdani »Sun Apr 29, 2018 7:34 pm

I was on on tier 1 general and I got ilr on 10 year long resident.
My Question is about my husband visa.
He got his tier 1 dependent Visa in 2011.
After my ilr he switch to FLR (m).
When he can apply his ilr.
My second Question is about my over 18 son.
My two younger children git ilr but my over 18 children visa refused two time.
Now again I applied on FLR (O).
I am divorced and have sole responsibility of my children. They came UK in 2013.
Please some senior members Help me.
I will be very thank full to you all.

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1 post • Page 1 

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Casa
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Re: Query about ILR eligibility

Post by Casa » Sun Apr 29, 2018 10:03 pm

Samdani wrote:
Sun Apr 29, 2018 9:33 pm
Post by Samdani »Sun Apr 29, 2018 7:34 pm

I was on on tier 1 general and I got ilr on 10 year long resident.
My Question is about my husband visa.
He got his tier 1 dependent Visa in 2011.
After my ilr he switch to FLR (m).
When he can apply his ilr.
My second Question is about my over 18 son.
My two younger children git ilr but my over 18 children visa refused two time.
Now again I applied on FLR (O).
I am divorced and have sole responsibility of my children. They came UK in 2013.
Please some senior members Help me.
I will be very thank full to you all.

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Post Reply 

 

1 post • Page 1 
You have been asked several times now to desist from tagging your question onto other member's threads. If you continue to ignore this request, your membership will be terminated.

uk-tier-1-general-visas/got-ilr-on-10-y ... l#p1628297
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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