Advice on my indefinite leave to remain case

[Ahmedali29]

Hi Guys,

I hope you all doing well. I would be so thankful if anyone could help me and provide any advice on my indefinite leave to remain case in which i would like to apply soon.

My case is explained as follows:

I did enter the UK in September 2006 on student visa, and had been extending my student visa from then till July 2012, because i did my undergraduate and master degree with no gaps at all. I then applied within the UK on time to do my PhD and I got my visa valid till January 2016. After i started the PhD course in September 2012 for about one month, I told the university that i would like to stop the course because i had issue with the funding as well as i did not like the course. As a result of such decision, I was told by the university in mid- October that i had to leave the UK in which i did on 25 of October 2012. However, I resolved the funding matter and reapplied again on fresh application in January 2013 (so it is less than six months), and i got my visa and entered the UK in beginning of February 2013 and this visa is valid till June 2017. So I stayed 3 months and 10 days outside UK.
My question is; Does the rule of left the UK with valid visa and returned with valid visa apply to me? Am I eligible for 10 years indefinite leave to remain?

If you have any comments or advice please help me

Thanks in advance for your help

[geriatrix]

My question is; Does the rule of left the UK with valid visa and returned with valid visa apply to me? Am I eligible for 10 years indefinite leave to remain?

It appears so, based on what you have posted. I believe yes.

[Ahmedali29]

My question is; Does the rule of left the UK with valid visa and returned with valid visa apply to me? Am I eligible for 10 years indefinite leave to remain?

It appears so, based on what you have posted. I believe yes.

Thank you very much for your response, to be honest I am kind of worried about whether the university has cancelled my visa prior to my departure on 25th or not? and whether leaving the course at that time and reapplying again from aboard (although i applied within less than six months) still count as lawful continue residency? Do you have any idea of this please?

[vinny]

Universities do not have the powers to curtail leave. Only the UKVI may do that, but they must also give written notice.

[Ahmedali29]

Universities do not have the powers to curtail leave. Only the UKVI may do that, but they must also give written notice.

So do you think I am okay and shoud apply for ILR as above the person above says and i can win the case as my case is straightforward?

[Ahmedali29]

Hi folks ,

I would be so thankful and grateful please if you could let me know what is the chance of obtaining ILR which I would like to apply within the next 7 months s I did not have clear answer just yet.

My case is explained as follows:

I did enter the UK in the start of September 2006 on student visa, and had been extending my student visa from then till July 2012, as I did my undergraduate and master degree with no gaps at all (i will provide the dates of departure and back below). I then applied within the UK on time to do my PhD and I got my visa valid till January 2016. However, after I started the PhD course with this visa in September 2012 for about one month, I told the university that I would like to stop the course because I did not like the course and there was a delay in my scholarship as well. As a result of such decision, I was told by the university in mid- October that I had to leave the UK in which I did on 25 of October 2012 with this visa that is valid till January 2016.

However, as soon as I resolved the funding matter from back home within three months, I reapplied again on fresh application to other university in the UK in January 2013, and I got my visa issued on 24th January 2013 (so from the date I left till I got my new visa it is 3 month) and entered the UK in beginning of February 2013 and this visa is still valid till June 2017. So, in total I stayed 3 months and 10 days outside UK.

Please note that I have no issue what so ever in relation to following the rules and regulations, also my visa is never been rejected before.
Dates of departure and back:

Date left the UK Date return
09/07/2007 30/07/2007
23/05/2008 02/09/2008
30/06/2009 22/09/2009
23/07/2010 27/08/2010
06/05/2012 28/06/2012
26/10/2012 07/02/2013
28/08/2014 14/12/2014
14/09/2015 18/09/2012

The total number of days I spent outside the UK is less than 540 days that is required by the UKBA.

My question is; Am I eligible for 10 years indefinite leave to remain? Or is it just waste of time and money?

Thanks guys in advance.

[geriatrix]

Answers to your questions have already been provided.
What has changed in the last 2 weeks?

[Ahmedali29]

Answers to your questions have already been provided.
What has changed in the last 2 weeks?

I do apologize for resending it again, as I had only one answer from you so I thought i may send it again and may get more answers or may find someone else who have gone through a similar case.

Kind regards

[geriatrix]

Whether you are eligible for settlement or not depends on the prescribed laws and policies, and not by the number of people responding to your question.

If you are concerned about the possibility of your leave having been curtailedby by HO at the time thereby affecting your eligibility for settlement under LR now, consider making a subject access request.

[Ahmedali29]

Whether you are eligible for settlement or not depends on the prescribed laws and policies, and not by the number of people responding to your question.

If you are concerned about the possibility of your leave having been curtailedby by HO at the time thereby affecting your eligibility for settlement under LR now, consider making a subject access request.

Hi Sushdmehta,

I hope you or anyone could advice me on what does this means?

I have received the SAR today. In the SAR file it says with regard to this visa (where i withdraw from the course and reapplied again from home within 3 months) " application raised date: xx/oct/2012, Case type: Curtailment Consideration-T4, Case outcome: Curtailment Not Pursued, Outcome data xx.04.2013, Stats category: transferred to other sponsor"

Case notes: case raised for Curtailment purpose.
Date leave would expire: xx/01/2016
Reason for Curtailment : SMS received, notification received on xx/10/2012 the same day I left.
Notification from Tier 4 sponsor

Curtailment not pursued- migrant has transferred to another sponsor VAF xxxxx issued on xx/01/2013.

What does this all mean please? Does that my long residency broken?

Any help would be really helpful.

[vinny]

Curtailment not pursued

Isn't the meaning clear?

[jimtoole]

Dear Sir,

You are one of the people without whom the UK can not breath, strive or live. We all want you, the British public wants you. As you and your kids integrate so well here and bring your highly skilled levels to this country to benefit UK rather then your Home country. I want to thank you for your such an act of kindness to choose UK to bless it with your skills.

[Ahmedali29]

Curtailment not pursued

Isn't the meaning clear?

Hi Vinny,

To be honest, it is not.

Does that mean my indefinite leave to remain eligibility is not broken? given that everything else is fine?

[O_Relly]

It clearly states curtailment not pursued and visa transferred to other sponsor. So your LR continuity is not broken and you are good to go.

I strongly recommend you start filling up the SET(LR) along with reading the guidance notes. You will find answers to many questions and things will become clear.

[vinny]

"Curtailment not pursued" means that they did not seek to curtail your leave. Therefore, your leave was not curtailed. Therefore, your leave's expiry date remained the same.

If you left the UK prior to expiry of leave and you applied for entry clearance and returned to the UK within 6 months, then you should be okay. Else, if you left the UK after expiry of leave but applied for entry clearance within 28 days after expiry and returned within 6 months, then you should also be okay.

[Ahmedali29]

"Curtailment not pursued" means that they did not seek to curtail your leave. Therefore, your leave was not curtailed. Therefore, your leave's expiry date remained the same.

If you left the UK prior to expiry of leave and you applied for entry clearance and returned to the UK within 6 months, then you should be okay. Else, if you left the UK after expiry of leave but applied for entry clearance within 28 days after expiry and returned within 6 months, then you should also be okay.

Thanks Vinny for your reply. The visa I am talking about was valid from 24th/08/2012 and its expiry date was 19 January 2016. I left the UK on 25th/10/2012 prior to expiry of leave. I reapplied again for entry clearance in January 2013 cos I have changed my sponsor and got it valid till 2017.

[Ahmedali29]

It clearly states curtailment not pursued and visa transferred to other sponsor. So your LR continuity is not broken and you are good to go.

I strongly recommend you start filling up the SET(LR) along with reading the guidance notes. You will find answers to many questions and things will become clear.

Hi O_relly,

Thank you for your clarification.

[Ahmedali29]

Dear members,

I came to the UK on 02/09/2006 and I would like to apply for ILR on the basis of long residence 10 years. I am aware that application can be considered 28 days or less before the applicant completes the required qualifying period, provided I meet all the other rules for long residence.

Can anyone please let me know whether I can apply for my ILR on the 5th /08/ 2016 exactly or should I allow for more time (e.g. 8th). Is this calculation of 28 days correct on 5th?

Best regards
Ahmd

[vinny]

M

[vinny]

You may apply for ILR preferably no sooner than 28 days before the 10th anniversary of your initial entry.

[Ahmedali29]

You may apply for ILR preferably no sooner than 28 days before the 10th anniversary of your initial entry.

Ok thank you very much for your response. I am aware of this, but I am asking regarding what date I could apply ? I came the 2nd of Sep 2006, so would it be fine to apply on the 5th/08/2016?

[CR001]

You may apply for ILR preferably no sooner than 28 days before the 10th anniversary of your initial entry.

Ok thank you very much for your response. I am aware of this, but I am asking regarding what date I could apply ? I came the 2nd of Sep 2006, so would it be fine to apply on the 5th/08/2016?

If that is 'within 28 days' then yes. Did you click on any of the links that vinny provided?

[Ahmedali29]

Ok thank you very much for your response. I am aware of this, but I am asking regarding what date I could apply ? I came the 2nd of Sep 2006, so would it be fine to apply on the 5th/08/2016?[/quote]
If that is 'within 28 days' then yes. Did you click on any of the links that vinny provided?[/quote]

Thank you CR001 for your reply. Yes, I did, but the links provided seem to be irrelevant to my question as I was asking about the exact date that I could apply using 28 days rule.

I did calculate 28 days back manually from 2nd/sep 2006 and it appears to be the 5th/Aug 2016 that's the earliest i could apply (on 28 days exactly), so just wanted to make sure whether my calculation of the 5th/ Aug is right?

[CR001]

It is not a difficult calculation and you also don't have to apply on exactly the 28th day. Most people apply on 25th or 26th day to avoid any risk.

The links are relevant to your question if you read all of them.

[Ahmedali29]

It is not a difficult calculation and you also don't have to apply on exactly the 28th day. Most people apply on 25th or 26th day to avoid any risk.

The links are relevant to your question if you read all of them.

Thank you CR001 for your reply.