ILR application. Some questions.

[iamamonkey]

Hi,

I am due for my ILR application on the 30th of August 2007.

My visa history is as follows:
1) August 1997 - Oct 2003 : Student Visa (6 years 2 months) - 2 seperate student visas, College then University
2) Oct 2003 - April 2004 : Visitor's Visa (6 months) required to attend an interview in November 2003 - I went back home to my country in December 2003 after receiving a job offer to wait for my TWES application made by my employer.
3) April / May 3004 - Jan 2006 : TWES work Permit (1 year 8 months) - Got married in Jan 2006.
4) Jan 2006 - Oct 2006 : Dependant Visa (7 months) - Wife on Permit Free Training Visa.
5) Oct 2006 - Now : Dependant Visa (6 months) - Wife on HSMP.

A few questions:
a) Am I eligible for ILR under the 10 year rule come Aug 2007?

b) Would me leaving the UK in December 2003 affect the ILR application although the Visitors visa expires in April 2004? I got the job offer in November 2003 and wanted to go back home to wait out the TWES application made by my employer which I only received in April 2004. Started work in May 2004.

c) I have all my old passports with immigration stamps (various entries into the UK due to college and Uni Holidays) and visas, but I cant remember for how long I was away for holiday whilst I was a student. Would this be a problem?

d) My wife applies under the 10 year ILR rule next year (Sept 2008). Is it better for me to apply for ILR and add her to my application or wait till she applies for ILR with me added to her application? We are also expecting our first born, who is due in Sept 2007. What would be the visa implication for our child?

e) What would my next steps be? I know I have to sit for the Life in the UK test, but surely having a degree from a British University counts for something. I dont want to have to pay the Home Office £950 (I'm thinking of applying in person) only to have my application refused.

Comments and suggestions are most welcome.

Thanks for your help everyone.

[sunnyday]

you should send in your application by post. So the case worker has a chance to assess your case slowly.

I'm not sure if visitor's visa count towards your 10 years clock. Someone better knowledged may be able to offer you advice on this.

[olisun]

I'm not sure if visitor's visa count towards your 10 years clock.

I have seen somebody on this forum successfully apply for ILR (10yrs stay) and he had a visitor visa during that 10 yr period

[Christophe]

Isn't any time spent legally in the UK valid for inclusion in the 10 years?

[sakura]

Hmmm....I thought that if you are a dependent you can't obtain ILR before your sponsor? I do not know how this affects people who clock up 10 years, though.

[stedman]

You can try, but it's a lot of money down the drain if you're unsuccessful. Why don't you search the BIA site and read the ILR criteria thoroughly including the sections on case worker's discretion? The bods at the home office don't have anything more than those guidelines so if after reading them you feel you meet the criteria, then chances are that you do.

[Wanderer]

2) Oct 2003 - April 2004 : Visitor's Visa (6 months)

Isn't that 7 months?

[stedman]

2) Oct 2003 - April 2004 : Visitor's Visa (6 months)

Isn't that 7 months?

October to April is 6 months.

[iamamonkey]

You can try, but it's a lot of money down the drain if you're unsuccessful. Why don't you search the BIA site and read the ILR criteria thoroughly including the sections on case worker's discretion? The bods at the home office don't have anything more than those guidelines so if after reading them you feel you meet the criteria, then chances are that you do.

stedman,

I've had a look at the BIA website and read the ILR criteria. Looks like i meet the criteria. Can't find the section on case worker's discretion though. Could you help point it out?

Oct 03- April 04 is indeed 6 months (visitors visa). Would me leaving at the end of Dec 03 affect the 6 months?

Thanks,
Dan

[stedman]

I don't know how to access the case worker discretion pages as I have ony ever accessed them from links posted here! Hopefully someone who knows how to find it will point you in the right direction.