13 day gap between 2 visas. Am I eligible for ILR

[DeeDos]

Hello All,

Please see my case details below.

My first visa was Tier 1 Partner Visa Valid from 20/04/2009 to 20/04/2012
First Entry: 03 May 2009
Left UK on 20/04/2012 to go back to India to apply.

Applied for Tier 2 Visa on 24th April 2012 in India.
Tier 2 General Valid from 03/05/2012 to 01/05/2015
Entered UK : 13 May 2012

There is a gap of 13 days between both the visas. Am I eligible for ILR?
I am calculating 5 years based on my entry date 03 May 2009.

But after reading through the forums am unsure about the 13 day gap between 2 visas? Kindly advise.
I have been employed with the same employer since February 2010 till date.

Any advise will be much appreciated.

Thanks
Doshi

[DeeDos]

Hello Moderators and Experts,

Please can you have a look at my query and offer some advise?
Would be relieved if someone can throw some light on the situation.

Many thanks
Doshi

[Amber]

You ought to be considering:

If the applicant’s leave expires whilst they are outside the UK and they apply for entry
clearance within 28 days, the applicant’s continuous period is not broken. In this
circumstance, if they successfully get a new grant of entry clearance, the period spent
outside of the UK will count towards the 180 days allowable absence. This includes any
time:

 after the expiry of their leave
 while the entry clearance application is under consideration, and
 where they are delayed entering the UK once entry clearance has been granted.

[DeeDos]

Thanks Amber.

That means I am okay, isn't it?
I have been out of UK for less than 100 days in the entire 5 year period and that includes 22 days when I had to go back to India for my Tier 2 application.

Many thanks
Doshi

[Amber]

Yes, it should be.

[DeeDos]

Thank you once again.

Thanks,
Doshi

[ilrcandidate]

Hi Amber,
I might be missing something here but wouldn't 2 different categories of visas can be combined for 10 years long residence route? In Doshi's case here, it's a combination of tier 1 partner visa and tier 2 general visa, so I guess Doshi will be eligible in 2017 in the 5 year route, please confirm.

[Amber]

This thread relates to settlement as a PBS applicant not long residence.

[DeeDos]

For a moment I was confused again. Thanks for the reply Amber.

Regards
Doshi

[ilrcandidate]

Thanks both and sorry for the confusion.

[DeeDos]

Many thanks Amber and everyone.

I have made a list of documents I am planning to submit. If you could have a look and let me know if its in order, it will be great.

- Set(O) Application form
- Passports (Self and Spouse)
- 2 Passport photos each

- Life in UK test Certificate (Self and Spouse)
- Degree Certificate - (Self and Spouse)
- English Language certificate from University (Self and Spouse)
- PBS Calculator for self

- Payslip latest
- Bank statement latest

- Cover letter for Previous Earnings
- Payslips for Tier 1
- Bank statement for Tier 1
- P60’s (5Years)

- Marriage Certificate
- Joint Bank Statement for 2 years for cohabitation

- Absence Sheet in Excel
- Absence letter from Employer
- SOC letter from employer
- Appointment letter


Many thanks
Doshi

[Amber]

Why have you not got the PBS calculator print out for your spouse's degree?

[DeeDos]

My spouse is on a dependant visa, so I thought she would not require that.
Do we use the PBS calculator for dependant visa as well?

[Amber]

Yes.

[DeeDos]

Ok. Thanks.
Will add that as well.

Many thanks, Amber.

Regards
Doshi

[DeeDos]

Hello Experts,

I had assumed that the PBS calculator will only be needed for the main applicant but was kindly told on this forum that I need to take it for my wife as well.

I am on Tier 2 general at the moment and am applying for ILR with my dependant wife.
I have a valid CoS and am employed so I scored the relevant points in the PBS.

My wife is not employed at the moment and does not have a CoS. When I enter these details in the PBS it says she is not qualified for a Tier 2 visa. I am a bit confused here. DO I need to take the print of only the page with the English Language details or the whole document which states she is not qualifying for a Tier 2.

Kindly advise.

Thanks
Doshi

[Amber]

Just the parts that awards 20 or more points for qualification and 10 for English Skills.

[DeeDos]

Thanks Amber.

Kind regards
Doshi