Am i eligible?

[mjcr28]

Hi,

I'm having difficulty understanding my stay in UK are eligible to apply for an ILR. I'll greatly appreciate your help on this matter. currently in the uk as a tier 2

Here's a break down of my residence in UK

- First Visa stamp date is 03/02/2011 to 10/10/2013
- and renewal is 10/10/2013 to 24/10/2015 (visa applied in September 2013, 28 days before expiry and came back stamped with a visa date from 21.01.2014 to 24.10.2015) My friend states that as you were continuous in employment this period will be also counted so i have counted my visa as 03/02/2011 to 24.10.2015

I have been roughly around 10 days abroad. in total i have been in the country for 4 years 8 months and 22 days.
Please let me know if i can apply for an ILR in October 2015.

Thank you so much in advance!

[rukmesh]

Which visa category you came on ?

[mjcr28]

tier 2 General and still on the same

[rukmesh]

I think to complete 5 years of continuous stay, you will qualify on 03-Feb-2016. You are allowed to apply 28 days before your 5 year period completes. So you can make an application for ILR on or after 6th January 2016.
I am assuming here that you came to UK within 90 days of your visa start date. If not, then your 5 year starts from the date you came to UK on this visa for the first time.

Gurus/Seniors can correct me .. but this is what my understanding is

[secret.simon]

I am inclined to agree with rukmesh.

You need to have had spent five years in the UK with the Tier 2 General visa for ILR. As your visa has not spanned five years, you will need to apply for a Tier 2 General extension and then apply for ILR in January 2016.

[mjcr28]

Thank you for your reply. My visa was refused and appealed and then went on administrative review even that was refused.

i complained to ukba delhi, mumbai and uk.

i intially applied in october 2010 and refused with a stamp on feb 2011.

after all the complains they apologised and asked me to bring my passport in to stamp the visa in April 2011.

however they backdated the visa date on the paasport to feb 2011.

travelled to uk in may 2011, as they only stamped my passport in april end of 2011

so i can still apply in january