ILR 10 Years application - Exceeding 540 Days

[kmm26]

Hello

I am looking for some quick advise regarding my application for ILR, so let me give you a quick personal immigration history....

2006-2012: University Student
1. Entry Clearance Granted: 14/Sept/2006.

I had extended my student visa into a Tier 4 Student Visa twice, once in 2010 and 2011, both for the same course I was on as I had to retake 2 modules.

2012-2017: Tier 2(G) - Employer 1
First Tier 2 (G) permit issue date: 2 Oct 2012.

In 2012, I started to work and continued with the same company till Feb 2017.

After my Primary T2 (G) application was granted for a year, I had extended it 3 times, first in 2013, second in 2014 and the last one in 2016.

While my 2016 extension application was being processed, I took up another job... And applied for a new Tier 2 straight after.

2017 Onwards:

My new Tier 2 had been granted without any issues... And I continue to work for a new employer in the same position as before.

As you may now gather, I have passed my 10 Years... And am also coming up to my 5 years for Tier 2.

I am keep to apply based on my 10 years, but as my first leg was as a student, I used to quiet a bit of my off term time at home in India. Also during 2 years where I was only taking one module, I had spent extra time at home... Since my employment has commenced, I have barely been outside the country for more than 2-3 weeks a year.

The breakdown of my days is as follows (Sept 2006-May 2017) -
Total Days Spent Out of the UK - 640.
Total Days Spent Out of the UK as a Student (Sept 2006 - Sept 2012) - 570.

I am due to reach my 5-years via Tier 2 in September, but am looking to apply for a marriage license to get married in May 2018. To speed things up and book the day with the council, I am keep to apply on the 10 years ILR route.

I do recognize I have exceeded the days limit, but how much of a barrier is this issue? Does this fall under the general grounds for refusal?

As far as I can see, I think I qualify on all other grounds, bar the number of days....

To give you an idea -
1. I am a Pharmacists.
2. I am a Home Owner (Co-owned by my partner).
3. She is a UK Citizen.
4. My only sister is also a UK Citizen, although my parents live in India, I have no other family ties to India.
5. I have not broken any UK Laws (including Immigration).
- I have once been refused a Tier 2 permit application due to a lack of appropriate salary (Aug 2012). Following this application, I had found a newer employer offering an appropriate salary, which helped secure a Tier 2 visa.
- At no point have I overstayed. All applications were made by or before the date of expiry of the previous permit.
6. I have already Passed IELTS back in 2006 and also have passed the Life in the UK in 2017.

Explanation on why I spent so many days back in India as a student -
1. Certain years, I lived with my farther's sister. While certain years my parents agreed to let me live alone in University accommodation. Both had their negatives and positives....

Living with Family, is never easy, specially when they are not direct relatives. With all the family politics of an Indian household, the restrictions applied, life was brutal and I used to run away back home at every instance (after the first year). I did visit my sister a fair bit, but as she only lived in a one bed apartment, i could not spend extended periods of time with her.

While I lived in Halls of Residence, life was good. No day to day squabbles, but as and when holidays came up, I had no where to go. During Christmas, I could stay in halls, but there was literally no one there.... While in Summer, we had to vacate the halls and there used to be no where to live.

There was 2 years, where I had taken extended trips to India over Christmas as I only had one module. With plenty of time, I chose to miss a class or two (at-most) to accommodate for a lengthy holiday. This was mainly a cost calculation flights during peak Christmas season to and fro from India can be ridiculously expensive. Missing a class would make my trip much more cost efficient when compared to staying over the Christmas break in the UK alone.

Due to these reasons, I used to go back home quiet a bit....

What do you guys think? Is my case a genuine case they may consider (exception to the 540 days limit).... I would love some insight.

The base reality is the longer I wait to apply for a marriage license, getting the date will be hard. Being a Tier 2 (G) subject to immigration, makes the notice period for marriage 90 days. And to top that off, I have to submit additional documentation for UKBA clearance for the same.

Not really sure what to do next.

[zimba]

Unfortunately your extended absence from the UK means that your continuous period of stay is broken and you will not be eligible for long residence ILR.
Your best option is to get ILR under Tier 2 after 5 years. You also have the option of switching to FLR(M) after marriage but that will set your immigration clock back to zero.

[kmm26]

Unfortunately your extended absence from the UK means that your continuous period of stay is broken and you will not be eligible for long residence ILR.
Your best option is to get IR under Tier 2 after 5 years. You also have the option of switching to FLR(M) after marriage but that will set your immigration clock back to zero.

Thanks for the quick reply, I feared that was the case. I am not looking to switch the FLR(M) as I should be able to apply for T2(G) in September, which is just over 3 months.

And as you can see from the days, I have barely come close to exceeding more than half of the 180 days.

[kmm26]

Unfortunately your extended absence from the UK means that your continuous period of stay is broken and you will not be eligible for long residence ILR.
Your best option is to get ILR under Tier 2 after 5 years. You also have the option of switching to FLR(M) after marriage but that will set your immigration clock back to zero.

Sorry, also forgot to ask... While being a student at Uni, the Halls of Residence were shut during the summer (renovation/maintenance/summer program students). Would this not affect the status?

[zimba]

No