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Can I apply for ILR?

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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nwokediy
Newbie
Posts: 40
Joined: Fri May 16, 2014 2:06 pm
England

Can I apply for ILR?

Post by nwokediy » Tue Sep 04, 2018 10:06 pm

I came into UK Nov 2013 under a Tier 1 general dependant visa . This visa expired in December 2015.

I put in an in time valid application for extension in Dec 2015 before my visa expired. The HO only responded in February 2018 with a refusal.

I then applied for an administrative review within 14 days in February 2018. This was also refused in April 2018. So I left UK in April 2018.

Fortunately, in August I secured a Tier 2 visa to work for my company in UK so I am now back. I returned in August 2018.

Since I have not been away from UK for up to 180 days, do you think I can still apply for ILR to be considered exceptionally in November 2018? I complete 5 years in November except for the period I was away from April 2018 to August 2018... this is less than 180 days.

Please advise.

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CR001
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Posts: 88137
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: Can I apply for ILR?

Post by CR001 » Tue Sep 04, 2018 10:39 pm

Since I have not been away from UK for up to 180 days, do you think I can still apply for ILR to be considered exceptionally in November 2018? I complete 5 years in November except for the period I was away from April 2018 to August 2018... this is less than 180 days.
No you cannot. It is not possible to combine Tier 1 Dependent visa time with Tier 2 General main visa holder time to make up 5 years. You will need to wait for 5 years on your current visa before you will be eligible for ILR.
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.

nwokediy
Newbie
Posts: 40
Joined: Fri May 16, 2014 2:06 pm
England

Re: Can I apply for ILR?

Post by nwokediy » Tue Sep 04, 2018 11:08 pm

CR001 wrote:
Tue Sep 04, 2018 10:39 pm
Since I have not been away from UK for up to 180 days, do you think I can still apply for ILR to be considered exceptionally in November 2018? I complete 5 years in November except for the period I was away from April 2018 to August 2018... this is less than 180 days.
No you cannot. It is not possible to combine Tier 1 Dependent visa time with Tier 2 General main visa holder time to make up 5 years. You will need to wait for 5 years on your current visa before you will be eligible for ILR.

Thank you.

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