UK ILR - Advise Please?

[santosh_kalluri]

Hi,

I have been Living in UK since over 4 Years now, to be precise (4 Yrs 4 months)...

1) I came on a workpermit in April 2004 worked until Sep 2004 (went back due to health issues) This permit was valid for 2 yrs

No. of Months outside UK : 5

2) Came back on a New WP in Feb 2005 worked until Oct 2006 (went back as contract ended)

No. of Months outside UK : 5

a) Applied HSMP and got approval in Oct 06.
b) Went to India got the Visa stamped in Jan 07 valid thru to Jan 09.

3) Came back on HSMP in March 07, have been on holiday for 2 months (overall) since and still Living in the UK.

i) My Question is, Do I qualify to apply for a Permanent Resident (ILR) in March 09 (As I finish 4 Years 11 months since my first WP visa?)

ii) As you can see my HSMP runs out in Jan 09, 2 months just before I finish 5 yrs. Can I make any special request or any other type of application to convince Homeoffice to grant me an early ILR ? Or Do I need to renew my HSMP and apply for FLR and then apply for ILR in March 09?

Thanks a lot for your pateience in reading this. I would be very grateful if someone could kindly Appraise my situation.


Kind Regards,
Santosh.

[geriatrix]

Having a valid visa in the passport but living outside UK doesn't count towards ILR. In short, you don't qualify for ILR until 2012. Reading this will help you understand why!

regards

[santosh_kalluri]

Thanks for the reply, but this link doesnt work, Can you check and post the correct URL please or guide me to the location if you can spare a min.

The following information contradicts your reply...I might be wrong, Can you check if this applies to me ?

http://www.ukba.homeoffice.gov.uk/briti ... uirements/

- Santosh.

[SKUK]

The following information contradicts your reply...I might be wrong, Can you check if this applies to me ?

http://www.ukba.homeoffice.gov.uk/briti ... uirements/

No that doesn't apply to you. You have to have your ILR before you apply for naturalisation.

[geriatrix]

You are confusing ILR with Naturalisation!

You must be free from immigration time restrictions when you make your naturalisation application. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period.

In other words, you can apply for naturalisation *only* after 12 months of getting ILR (Indefinite Leave to remain = free from immigration time restrictions).

First you have to qualify for ILR and to do that you must not spend more than 6 months in total outside the UK in the 5 years preceding your ILR application (and absences should not exceed 3 months at a time).

regards

[santosh_kalluri]

Thanks a lot, I appreciate your quick reply.