ILR (10 year) or extension

[zchay3e]

I appreciate some advice on ILR 10 year rule. I have been on a student visa from 29.04.2002 until 15.05.2011. I left the UK on 15.05.2011 with the intention of coming back for my PhD viva. I am now in the UK on a student visitor visa which runs from 28.09.2011 - 28.03.2012. Will I qualify for 10 year ILR on 28.03.2012 or do I need an extension of my student visitor visa (as there are more than 28 days gap between current visa expiry and 10 years in UK)?

[geriatrix]

Visitor status may be included under Long residence. However, a visitor applying for ILR may be refused under 322(7) because of 41(i) & (ii), unless there was a relevant change in circumstances.

[zchay3e]

Visitor status may be included under Long residence. However, a visitor applying for ILR may be refused under 322(7) because of 41(i) & (ii), unless there was a relevant change in circumstances.

Many thanks indeed for your reply. With regards to the 28 days rule, do I satisfy that with my dates (visa expiring 28 March 2012 and came to UK on 29 Apr 2002)? or do I need a valid visa until exactly my 10th birthday, but with ability to apply 28 days earlier?

[geriatrix]

You must have valid leave on the day you apply for settlement.

Also, I hope that you have understood the essence of the previous response - that your application for settlement may not be successful if you will be in UK as a (student) visitor at the time of such application.