ILR 10 years route - multiple visas with visa break

[chethanshere]

Hello,

Hope you are doing well.

Earlier today while we were looking at our travel dates noticed that my wife had been staying in the UK for more than 10 years now on multiple visas. She arrived in the UK on a Tier 4 student visa on the 11th of September 2011, with which she stayed in the UK until the 8th of May 2013.

Upon returning to India on the 8th of May 2013, she returned with a new Tier 4 student visa on the 11th of October 2013 (156 days of gap). She had been living in the UK ever since and switched to a dependent visa on the 10th of October 2018.

Not something we considered at first, wondering if she is now eligible to apply for ILR via 10 years (long residence) route?

Thank you very much for your help.

Regards,
Chethan

[Teksman]

Hello,

Hope you are doing well.

Earlier today while we were looking at our travel dates noticed that my wife had been staying in the UK for more than 10 years now on multiple visas. She arrived in the UK on a Tier 4 student visa on the 11th of September 2011, with which she stayed in the UK until the 8th of May 2013.

Upon returning to India on the 8th of May 2013, she returned with a new Tier 4 student visa on the 11th of October 2013 (156 days of gap). She had been living in the UK ever since and switched to a dependent visa on the 10th of October 2018.

Not something we considered at first, wondering if she is now eligible to apply for ILR via 10 years (long residence) route?

Thank you very much for your help.

Regards,
Chethan

What date exactly was the expiry date of the visa that she used to stay in the UK until 8 May 2013.

Secondly, what date did she apply for the visa that she used to return to the UK on 11 October 2013?

[chethanshere]

@Teksman, Thank you very much for the reply. Appreciate that.

Q: What date exactly was the expiry date of the visa that she used to stay in the UK until 8 May 2013.
A: 31st January 2013 was the expiry date of the visa that she used to stay in the UK, applied for a Tier 2 visa before that date. She stayed in the country until the first week of May, after receiving a rejection for the Tier 2 visa application exited the country.

Q: Secondly, what date did she apply for the visa she used to return to the UK on 11 October 2013?
A: The application was made on the 20th of September 2013.

[zimba]

She is not eligible under long residence as her continuous lawful residence was broken. She left the UK without a valid visa and did not apply for a new visa within 28 days. If she had left before her visa expiry, then it would have been ok.

[chethanshere]

Understood, Thank you for the reply.

[Teksman]

Understood, Thank you for the reply.

I see @Zimba has already told you about your wife's non-eligibility. I have nothing to add.