2 entry clearances

[Rahulrr80]

Hello All,

I will sincerely appreciate if someone can guide me as to what I can base my case on for ILR application. Any rules, case law precedence or success in similar applications will help.

BRIEF FACTS:

I came on working holiday visa in April 2006.
Changed to HSMP in Jan 2007.
Renewal due in Jan 2009.
Refused because of an error on their part – £800 maintenance requirement. I had the requisite funds for the entire period, except one week (7 to 14 oct), where my funds dropped below £800 for one week, as I paid the fees of my friend for £8000.(This is evident from my bank statements).

But, I had sent a document showing availability of funds in India, during that period. However, they claimed they did not receive this document, and they decided on the basis of my UK documentation bank statements, where for one week, my funds dropped below £800.

Anyways, passport was returned. I spoke to the visa officer who refused my application and he said since I have overstayed it is better to go to India and apply on that documentation - the same documentation which he said he did not receive.

I went back to India. Was working for the same UK bank during this period in India and was paid in my UK bank account in GBP(taxes deducted and NI paid), during this period. Applied for Tier 1. Came back. Now 3 years are close to completion.

Will I be eligible for ILR?
2 years under HSMP
+
3 years under Tier 1.

I submitted my application on 16 Dec 2008. My visa was expiring on 8th Jan 2009. They retd passport to me on 21 Jan 2009. I caught a flight on 22nd Jan 2009.

Also, please note that I stayed in India for 88 days during this period. However, I was working for the same bank and was being paid during this period. This pushed up my total stay out of UK to 206 days.

More than the number of days I m looking to understand how I can combine the 2 entry clearances.

Thanks once again,
Rahul

[Rahulrr80]

Hi,

Can one of the moderators please comment on this one?

Thanks,

Rahul