Gap in ILR (10 yr rule)? - advice please!

[HSMPgirl]

Hi everyone,

I've been in the UK since June 1999 through a combination of visitor visa, writers/artists, work permit, student and HSMP. I am currently on HSMP, which expires in July 2009. I am not sure as to whether I should apply for an extension of HSMP when it expires in 2009, or whether to go for ILR in June 2009 (10 yr rule).

I entered on 2 June 1999 on a visitors visa (6 months). On 14 November 1999 I left the UK, and on 17 November I was granted a visa in my home country for Writers and Artists visa. So on 14 December 1999 I re-entered the UK on a Writers visa.

However, there is a period (2 Dec - 13 Dec 1999) when I think I may have had a gap - is this the case, bearing in mind I already had my Writers visa in my passport (I was outside the UK) from 17 November 1999?

From 14 december 1999 onwards I have had no gaps - it's all been continuous stay.

Therefore, am I eligible for the 10 yr ILR on 2 June 2009, or do I need to wait until 14 December 2009 (10 yrs from when I first entered on Writers Visa) to apply for ILR?

Thanks!

[vinny]

See also Chapter 18 - Long residence, Long residence

Unfortunately, Home Office policy have recently become much more restrictive (e.g. 2.1.3). Your clock may have been reset in 14 Dec 1999.

[avjones]

That looks like a gap to me, I'm afraid to say.