Which ILR category !!

[mamun_tair]

Dear senior members,
I am just wondering if any one can give me advise on which category of ILR I shall apply for

My Immigration history:
1) Sep 2004- We entered the uk as a student and my wife as a student dependent . the visa was valid until Jan 2009.
2) Nov 2008 - got a Work permit visa. The visa was valid until Nov- 2011.
3) Jan- 2012 - switch to Teir2 to extend my work, the visa was valid until 14-07-2012

4) before the expire date of my Teir 2 visa and based on my son health condition I applied for FLR(O) visa on the 6th of July 2012.

5) I have got a job offer during the processing of the FLR(O) application, and applied for Teir2 application.

6) The home office asked me to choose one of the applications and I choose the Teir 2 application. The home office granted me a Teir 2 visa on may - 2013. The visa is valid until Dec-2014. On the SAR record rhe caseworker wrote : the applicant varied the FLR(o) application to Teir 2 therfore the FLR(O) is withdrawn.

As I was on visa application for more than 5 years can I apply under this rule. Please keep in mind the 10 months out of work during the processing time of the home office.

Or Shall I wait till August and apply for 10 years Long residency rule.

Many thanks
Mamun

[sagareva]

tricky one, but generally i dont see why not apply for PBS settlement as tier 2

technically you filed new application while your tier 2 was valid, so the resulting 3C leave would be also tier 2, and siince you then varied application back to tier 2, i do not see how they can claim you were ever in any other status

one thing is 10 months out of work, that i dont know, someone else will have to advise, i do not know if you are allowed breaks in employment for compelling reasons -- if yes then clearly you can argue that not being sure whether you had right to work will be a compelling reason

the advantage to that over applying for 10-year route, as i understand, that your wife will be immediately eligible (and on 10-year rte, she may not be)

[mamun_tair]

Thanks for your reply sagareva ,
My wife entered UK same day as I. so she is eligible for 10 years route as well.