fooltruth1980 wrote:Hi all,
I am not sure whether I am eligible for 10 year ILR or not?
I came to UK in September 2000 as a student and I've been given visa until July 2004. I renewed my student visa to last until 31 Jan 2006. In Jan 2006, I've again applied to renew my student visa, but unfortunately my father passed away so that I had to withdraw my application from the home office around 11/02/2006 so that I can travel back home. In March 2006, from my home country I applied for student visa to continue my studies and got the visa until July 2009. Now I am on PSW visa until October 2011.
Am I eligible for the 10 year ILR?
Thanks,
Ansa
If this application was to be considered ONLY by looking at the raw figures and dates, you are not eligible. This is because you left the UK when you had no valid leave.
Please read
Long Residence - Chapter 18 more specifically 2.2.3 Events that break continous residence.
"the applicant is absent from the UK for a period of more than 6 months at any one time or is absent for a shorter period
but does not have valid leave to enter or remain on their departure from and return to the UK;"
However there are some cases where discretion may be used. Your story about the death of your father and the need to travel is compelling (with evidence). Chapter 18 only has advice to use discretion in cases where the applicant has submitted an application out-of-time. This is obviously not relevant to you. Therefore I cannot say whether discretion is applicable in your case but IN MY OPINION, it is definately worth a try.
I would recommend you use a qualified adivsor to represent you. They will be able to advise you and write up a strong cover letter to support you case.
I personally got ILR with a period of almost 8 months without a visa. The UKBA do consider personal reasons and they do not just sit there ticking boxes.
Good luck!
