SHOULD I GO ILR ON SPOUSE / LONG RESIDENCE

[asra_naseer]

Hi There

Please your advice is highly appreciated in my case.

My Timeline in United Kingdom.

21/07/2008 entered UK on Student Visa Expiring 30/11/2009

Applied student extension on 24/11/09 before the expiry of visa and was awaiting decision. Unfortunately due to college inspection my case was pending with home office until April 2010. End of April i requested home office to return my passport and docs and withdraw my application as i was planning to go India and get my tier 1 dependant done as my husband was on tier 1 visa. Application withdrawn dated 27 April 2010.

Applied Tier1 dependant for entry clearance on 26/05/2010 due to shortage of bank statements refused on 09/06/2010. Reapplied with correct documentation very next week.
Visa issued as tier 1 dependant. Unfortunately visa dates started from my return ticket to UK. I booked the returned ticket after 160 days and though of date change once visa approved. Caseworker used my returned ticket date to issue visa leaving me 5 months in India with returned ticket.

tier 1 dependant visa - 15/10/2010 - 30/06/2012
Further Tier1 dependant visa extend
2.5 years spouse of British national
2.5 years spouse of British National Expiry 15/11/2019 - Eligible for ILR on SET (M)

I am thinking of applying SET(LR) in June 2018 on 10 years long residence. I am i eligible.
The entry clearance and application withdrawn is worrying. Although i had intention to return UK with return ticket and a child infant with valid visa. Will this show my continuous residence.

Do i have a continuous stay in the UK as my intention was always to return and stay with my family.
Did i break my continuous stay.
Will i have any success applying SET(LR). Please advise.

[cyclina1]

how do you extend your tier1 dependent visa after your husband become BC? as PBS dependent? or you change to spouse visa?

[CR001]

You don't qualify for ILR based on long residence as you left the UK in April 2010 when you had no valid leave/visa.

Your best option is to apply for ILR in 2019 once you have 5 years residence on your current spouse visa (assuming this was an FLR(M) application switch from Tier 1 Dependent).

[asra_naseer]

Thanks CR001 for your quick advice.

Yes I am on FLR(M) spouse ending 5years Nov 2018.
I was thinking the 28 days grace period doesn’t allow my my continuity towards the long residence. As all applications were in time within 28 days.

The only thing is due to clever thought by caseworker issued my entry clearance with my return tickets left me 5 months in India. Although the return ticket was pre-booked clearly shows my intention to return UK with entry clearance.

[CR001]

You applied more than 28 days from date of withdrawing when you had no valid visa.

Application withdrawn dated 27 April 2010.
Applied Tier1 dependant for entry clearance on 26/05/2010

The requirement is to apply within 28 days after the expiry date of your last visa, which is not the case for you as your student visa expired in Nov 2009.

https://assets.publishing.service.gov.u ... -v15_0.pdf

departed the UK before 24 November 2016, but after the expiry of their leave to
remain, and applied for fresh entry clearance within 28 days of that previous
leave expiring, and returned to the UK within 6 months

[asra_naseer]

Thanks CR001. You saved me thousands. Many Thanks