ILR query

[reonred]

HI Gurus,

I have aquery regarding PR.
I was eligible for PR in october 2013. I have paid for Life in UK test (20.10.2013) and scheduled an appointment for PEO applied for November 15, 2013.
Hoever due unfortunate incidents back home, I had to leave to India because of personal reasons like My mother's eye operation and Brother in Laws cancer treatment.
I had to cancel both life in UK test and PEO appointment.I was on TIER -1 General Visa that time.
No I came back to UK recently on TIER -2 general visa. Is there any chance for me to apply again for a PR. Please suggest.

Thanks,
RR

[CR001]

Can you list the date you left the UK and the date that you returned and also the expiry date of Tier1 and issue date of Tier 2?

[reonred]

Can you list the date you left the UK and the date that you returned and also the expiry date of Tier1 and issue date of Tier 2?

initially I came to UK on december 6th 2008 on work permit and then converted to TIER 1 in June 2010. In 2012 June I have renewed my TIER-1 application.
Till 4th of May 2013 I have been working in UK since Dec 6th 2008.
On May 4th,2013 i left to India and came back on October 7th 2013. I have applied and scheduled a date for life in UK test(around end of October 2013) and PEO appointment (November 15, 2013). But unfortunately I had to leave UK on November 7th 2013 and I had to cancel the test and PEO appointment.
my TIER 1 expired on June 2015.
Recently (August 7th)I came to UK on Tier - 2 general.

[CR001]

You will need to wait another 5 years on Tier 2 before you qualify.

Your continuous residence has been broken as you have been absent for more than 6 months.

[secret.simon]

CR001,
I faintly recall vinny remarking in a similar case a while ago (may be as much as a year or two back) that it is possible for ILR to be earned for any five year period which meet the requirements. So, I think that the OP may have earned ILR (not PR) between 2008 and 2013.

As I mentioned above, this is on the basis of a conversation where somebody else had mentioned that possibility. So, I look forward to other contributions to this query.

Also, can the title of this topic be modified to show that it is related to ILR and not PR?

[CR001]

CR001,
I faintly recall vinny remarking in a similar case a while ago (may be as much as a year or two back) that it is possible for ILR to be earned for any five year period which meet the requirements. So, I think that the OP may have earned ILR (not PR) between 2008 and 2013.

As I mentioned above, this is on the basis of a conversation where somebody else had mentioned that possibility. So, I look forward to other contributions to this query.

Also, can the title of this topic be modified to show that it is related to ILR and not PR?

@secret.simon - what you are referring to is the claim to ILR based on 10 years long residence. As far as I am aware, this rule does not apply to PBS to ILR route and it needs to be 5 years backwards from date of application.

[noajthan]

CR001,
I faintly recall vinny remarking in a similar case a while ago (may be as much as a year or two back) that it is possible for ILR to be earned for any five year period which meet the requirements. So, I think that the OP may have earned ILR (not PR) between 2008 and 2013.

As I mentioned above, this is on the basis of a conversation where somebody else had mentioned that possibility. So, I look forward to other contributions to this query.

Also, can the title of this topic be modified to show that it is related to ILR and not PR?

If this was, for example, an EEA national operating under EU rules whereby PR is acquired automatically I would second your argument.
In that case the OP would probably be home & dry by skin of his teeth.

However this document on continuous residency for ILR makes no mention of automatic acquisition of settled status.
Ref: https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

It also states:

Calculating the specified continuous period

Applicants can submit a settlement application up to 28 days before they would reach the end of the pecified period. However, the specified continuous period is always counted backwards from the date the ILR application is submitted.

If settled status was not acquired 'automatically' back in 2013 then, in the absence of an application of ILR made at the appropriate time, it appears OP has lost that opportunity to obtain settled status due to the prolonged absence from UK since 2013.

[secret.simon]

If this was, for example, an EEA national operating under EU rules whereby PR is acquired automatically I would second your argument. In that case the OP would probably be home & dry by skin of his teeth. However this document on continuous residency for ILR makes no mention of automatic acquisition of settled status.

That was indeed my argument in that thread, that automatic acquisition of PR was a feature of EU law, not of the UK Immigration Rules. However, Vinny pointed out a (fairly obscure to me) provision of the Immigration Rules that, while not allowing automatic acquisition, allowed some applications to take into account any relevant period in time.

@secret.simon - what you are referring to is the claim to ILR based on 10 years long residence. As far as I am aware, this rule does not apply to PBS to ILR route and it needs to be 5 years backwards from date of application.

It may be that that only applies to Long Residence cases, as CR001 points out. I just recalled that there is such a provision precisely because I had the same assumption as noajthan.

[reonred]

You will need to wait another 5 years on Tier 2 before you qualify.

Your continuous residence has been broken as you have been absent for more than 6 months.

From 2008 december to 2013 november I have completed 5 years and I was not absent for motre than 180 days during that period. So does that count? or do i need to wait for another 5 years?

[vinny]

I think there are a few categories where this may be possible:

Long residence.
Partners under Part 8.
Applicants formally under Part 5.