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Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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sheikh123
Newbie
Posts: 35
Joined: Fri Feb 07, 2014 8:20 pm

Help Required

Post by sheikh123 » Tue Feb 16, 2016 10:06 pm

Hi i m on tier-2 visa and completed my 10-year in Dec-2015 but with a gap of 10-months as i was in Pakistan from March-06 to Jan-07 due to my mother illness. When i came back uk in Feb-07 i write a letter to case worker and explain the situation about my mother illness and the case worker granted my tier-4 extension on my circumstances in Feb-07 so My question is that can i apply ILR now? if they refused my application will they give me right of appeal in country? Plz all senior member need your advise on this issue.

Thanks.

safatafa
Member of Standing
Posts: 340
Joined: Tue Apr 20, 2010 9:48 pm
United Kingdom

Re: Help Required

Post by safatafa » Wed Feb 17, 2016 10:02 am

Hi there

when did u arrive in the country?

try splitting years from date of entry if it falls in 2 different years u ll be alright. and each is less than 180 days u should be ok.

for example
year 1 date u arrived 01042014 31032015
if the time period falls in 2 different years and time off is less than 180 days u should be fine.

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Help Required

Post by physicskate » Wed Feb 17, 2016 11:14 am

safatafa wrote:Hi there

when did u arrive in the country?

try splitting years from date of entry if it falls in 2 different years u ll be alright. and each is less than 180 days u should be ok.

for example
year 1 date u arrived 01042014 31032015
if the time period falls in 2 different years and time off is less than 180 days u should be fine.

Long residency absence rules are different: no more than 540 days out in the previous 10 years and no more than 180 days in a row.

OP - can you extend your Tier 2 to meet the Tier 2 requirements? Or perhaps you can extend until the 10 month absence is not in the 10 years before your application date? I honestly doubt they will grant discretion as they are trying to get rid of people (ie make them move out of the UK). 10 months absence might show intent to sever ties with the UK...

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CR001
Moderator
Posts: 87461
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Help Required

Post by CR001 » Wed Feb 17, 2016 11:15 am

safatafa wrote:try splitting years from date of entry if it falls in 2 different years u ll be alright. and each is less than 180 days u should be ok.

for example
year 1 date u arrived 01042014 31032015
if the time period falls in 2 different years and time off is less than 180 days u should be fine.
For ILR based on 10 years long residence you cannot 'split the absence over two years'. It does not work like that for long residence. A single absence of 180 days or more is a break in continuous residence.

@physicskate - the OP is on Tier 4 not Tier 2.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Help Required

Post by physicskate » Wed Feb 17, 2016 11:37 am

sheikh123 wrote:Hi i m on tier-2 visa

Thanks.

Are we sure?? I haven't checked any of their other threads, but if they are on Tier 4, this is misleading. (and probably one of the reasons I post a lot less now!!).

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: Help Required

Post by CR001 » Wed Feb 17, 2016 11:40 am

physicskate wrote:
sheikh123 wrote:Hi i m on tier-2 visa

Thanks.

Are we sure?? I haven't checked any of their other threads, but if they are on Tier 4, this is misleading. (and probably one of the reasons I post a lot less now!!).
Having one of those days. I missed that and saw only the below. :oops:
the case worker granted my tier-4 extension on my circumstances in Feb-07 s
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Casa
Moderator
Posts: 25756
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Help Required

Post by Casa » Wed Feb 17, 2016 11:53 am

sheikh123 wrote:Hi i m on tier-2 visa and completed my 10-year in Dec-2015 but with a gap of 10-months as i was in Pakistan from March-06 to Jan-07 due to my mother illness. When i came back uk in Feb-07 i write a letter to case worker and explain the situation about my mother illness and the case worker granted my tier-4 extension on my circumstances in Feb-07 so My question is that can i apply ILR now? if they refused my application will they give me right of appeal in country? Plz all senior member need your advise on this issue.

Thanks.
I'm just as confused. The OP writes "i m on tier-2 visa" and follows it with "and the case worker granted my tier-4 extension" :? It took a few re-reads before I worked it out. Need more coffee!
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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