Eligibility for ilr through long residency

[ss32]

Hello everyone,
Hope you guys are fine. I wanted to ask that about my eligibility for Indefinite leave to remain through the long residency route (10 years). I came to UK in May 2012 on a tier 4 student visa. My visa finished in October 2013 and then got another extension on student visa till October 2014. After that I switched to tier 2 General work visa. But unfortunately in May 2016 my leave got curtailed because company lost its tier 2 license. I had to return to my home country in June 2016. After going back I applied for another student visa ( PhD) and came back uk in October 2016. Since then I have been in uk on student visa and am expected to get doctoral extension next year till end of 2022. I wanted to ask that will I be eligible for ilr through long residency route in May 2022 as I complete my 10 years in UK on May 2022?

Please guide me on this query. I will be grateful for your response. Thanks

Best regards
Mehmood

[seagul]

My visa finished in October 2013 and then got another extension on student visa till October 2014.

Assuming you had applied the extension in timely.

After that I switched to tier 2 General work visa. But unfortunately in May 2016 my leave got curtailed because company lost its tier 2 license. I had to return to my home country in June 2016.

Assuming you left the UK with in the deadline of curtailment.

After going back I applied for another student visa ( PhD) and came back uk in October 2016. Since then I have been in uk on student visa and am expected to get doctoral extension next year till end of 2022. I wanted to ask that will I be eligible for ilr through long residency route in May 2022 as I complete my 10 years in UK on May 2022?

Please guide me on this query. I will be grateful for your response. Thanks

Best regards
Mehmood

If yes is the answer to all above then you can proceed to ILR.

[seagul]

Read the following guidance especially the examples in it:

https://www.gov.uk/government/publicati ... -residence

[ss32]

Dear Seagul,
Thanks very much for your response. I did apply for my extension before my leave expired in 2013. Secondly I left uk within the curtailment period. So I never overstayed and had leave to remain when I left uk in 2016. All my extension applications inside the UK were made before my leave to remain expired.

When i went back home in June 2016 I applied for a fresh entry clearance application in September 2016 due to the time it took in the PHD admission. In October 2016 I got the visa and was back in UK by end of October 2016.

I wanted to ask that do I need to worry about the 28 day rule explained below

"Events that break continuous residence

Continuous residence is considered to be broken if the applicant has:
• been absent from the UK for a period of more than 6 months at any one time
• spent a total of 18 months outside the UK throughout the whole 10 year period
• left the UK before 24 November 2016 with no valid leave to remain on their
departure from the UK, and failed to apply for entry clearance within 28 days of
their previous leave expiring (even if they returned to the UK within 6 months)"

or do I qualify for long residency ilr in May 2022?

[seagul]

Example 2
An applicant:
• enters the UK on 1 September 2004 with entry clearance as a student which is
valid until 31 October 2005
• leaves the UK on 25 October 2005, before their previous leave expired
• re-enters the UK with valid entry clearance as a student on 5 January 2006
The person had valid leave on the date of their departure and on the date of their
return to the UK, and the time spent outside the UK was less than 6 months.
Continuous residence has been maintained, even though the person entered the UK
with a fresh grant of leave.

[ss32]

Dear Seagul,
Thanks very much for your response.