ILR Eligibility Help

[vibhavtaneja]

Hi

I first entered the UK in Dec 2005. Then left the country in Nov 2006. So a total stay of 11 months. Then after 7 months I returned to UK in June 2007. I have been here since then. Technically my five year stay completes in Dec 2010.

I would like to know can I apply for my ILR then in Dec 2010?

Thanks in advance
VT

[diago_nelson]

Considering that you are either on WP or Tier1/HSMP or combination of both. (but not HSMP JR)
Sadly, you cannot apply in Dec 2010.
There cannot be a gap of more than 180 days in last 5 years (and more than 90 days in last one year).
You would need to consider for June 2012. You might require to extend your visa if it expires before then.

Hi

I first entered the UK in Dec 2005. Then left the country in Nov 2006. So a total stay of 11 months. Then after 7 months I returned to UK in June 2007. I have been here since then. Technically my five year stay completes in Dec 2010.

I would like to know can I apply for my ILR then in Dec 2010?

Thanks in advance
VT

[geriatrix]

Unless you arrived in UK in Dec 2005 as a HSMP migrant or arrived under some other category (e.g.- WP) but switched to HSMP on basis of rules prior to 03 Apr 06, your five clock started in June 2007 (as mentioned above).

regards

[skat]

Hi Vibhav,

There is one way you can try. This is if you can arrange to get a letter from an employer that you went to abroad on a business visit. Only in such cases can HO consider your application. Best thing is to approach a solicitor and he/she can take this further.

[kiranchinnu]

Hi Vibhav,

There is one way you can try. This is if you can arrange to get a letter from an employer that you went to abroad on a business visit. Only in such cases can HO consider your application. Best thing is to approach a solicitor and he/she can take this further.

Pls bear in mind , only letter from employer will not be enough , you need to prove that your employer had paid tax and NI for the time your outisde of the country.

[vibhavtaneja]

Thanks for your help. I did arrive in the UK on a WP in Dec 2005 and then switched in Dec 2007 on HSMP based on points system. I can get a letter from the employer but I dont think they would have paid the TAX & NI as I was not earning in GBP at that time.

So it seems that the consensus is that my 5 year would finish in Jun 2012.

Any suggesstions if I take up studies during this period, will that affect my PR elegibility.

Thanks again.