ILR with 10 months Gap

[sheikh123]

Dear Senior Members!
I came uk in Dec-2005 on student visa. I have to go back to Pakistan due to my mother illness in March-2006 and then i have to stay in Pakistan from March-2006 to Jan-2007 and i came back again to uk on 18Feb-2007 on same student visa. In May 2007 i apply my first extension of student visa and i mentioned through a covering letter to UKBA that due to my mother illness i went for Pakistan and stay almost 10 months but plz allow my extension so i can continue my studies. At that time UKBA consider my circumstance and allow my extension. So from Feb-2007 since i am in uk on different visa like Student then PSW then now i am on Tier-2. Now my Tier-2 company is revoked and i got the curtailment letter. so i have few queries i am very obliged if you can answer my few queries.

a) can i apply ILR now or should i have to wait till Jan-2017 as i have gap of 10 months? Or i need to wait until Jan-2017?
If i need to wait until Jan-2017 which should i do to spend these 7-months as i can't find Tier-2 at the moment.

b) If i apply ILR and UKBA did not consider my exceptional circumstances and refused my application so will i have in country right of appeal?

Dear Members i am really thankful to you if you give me advice on this.

[CR001]

a) Absence of more than 180 days breaks continuity of residence. Your ILR long residence clock therefore only starts from when you re entered the UK in February 2007. You will need to wait till next year to apply. You will need to try find a Tier 2 sponsor or another route you might qualify for dependent on your personal circumstances.

b) Not sure about appeal rights as you are already in a curtailment period, but it will be an almost instant refusal as you don't qualify and you will lose your fee.

[sheikh123]

1. Thanks @ CR001 for your advised. As i m trying my best to find another T-2 but i could not find it so far so could u plz guide me what route i need to use to spend this 6-months legally.

2. Another question i called HO and told all this situation, the lady on the phone told me after discussing with their colleague that when u were away to Pakistan and return from Pakistan (Mar-2006 to Feb-2007) u got the valid leave to remain so according to this you are eligible to apply ILR, but i am scared as i hear that telephonic advised cant be challenge legally as some of HO is not fully trained.

3. As you read my post that when i came back in Feb-2007 i wrote a covering letter to HO at the time of my student extension in May-2007 about my all circumstance and the case worker at that time granted my extension and this thing is in their record as well as i have my SAR as well from HO so my question is that will they not again consider my that circumstance which they already consider in May-2007?

Thank you very much for your time as your response is highly appreciated.

[CR001]

2. Another question i called HO and told all this situation, the lady on the phone told me after discussing with their colleague that when u were away to Pakistan and return from Pakistan (Mar-2006 to Feb-2007) u got the valid leave to remain so according to this you are eligible to apply ILR, but i am scared as i hear that telephonic advised cant be challenge legally as some of HO is not fully trained.

They have not given you accurate information. ANY absence of more than 180 days is a break in your continuous residence for ILR based on 10 years long residence. The rules are clear. As you state, HO are well known for giving out incorrect information.

3. As you read my post that when i came back in Feb-2007 i wrote a covering letter to HO at the time of my student extension in May-2007 about my all circumstance and the case worker at that time granted my extension and this thing is in their record as well as i have my SAR as well from HO so my question is that will they not again consider my that circumstance which they already consider in May-2007?

Visa extensions and ILR are two different sets of rules. Don't assume they are the same or have the same requirements.

[sheikh123]

Thank you very much @CR001 for all your time and concentration on my case. I am really thankful to you for all your support in this regard. Now every thing is clear in my mind but can you please let me know what should i do now to spend another 6 months legally in uk as i am trying to find another T-2 but i could not find any at this stage. Can you please suggest me what should i do in this regard.
Once again thank you so much for all your time and advise.
Thanks.

[Great77]

As CR001 as said, there is 10 months gap.

When will your curtailment end in this country . Is it July or August.....?

If you are not able to get sponsor, best thing is to apply like that for 10 years and you have to write a cover letter explaining the reason you were out of the country for 10 months due to exceptional circumstances. (BUT not a good one or advice) before you complete ten years, or you apply for another visa to explain your tie with this country but remember there will not appeal right on all this applications.........

Keep looking for sponsor and do not give up......