Am I eligible for 10 Yr Long Residence.

[shallo9]

This is regarding ILR

I came in Oct -2001 on student visa, then I went to India on 15th December 2006 to get my work permit visa (I had a 60 months work permit approval from the UK- work permit) and my student visa was valid till 31st January 2007.

I applied for Work permit visa on 8th January 2007, British High commission Chennai, India and they refused my visa in February 2007 then my case gone to AIT court, I won the case in May 2008, the case took long time because the court lost my appeal.

I came back on Work permit in August 2008, then I switch my visa to student in August 2010, I studied MSc at University completed the course then I got PSW visa which is valid till end Jan 1st week 2014.

I came in Oct - 2001 till today if I calculate how long I was away from the UK to visit India in 12 years the total comes to 311 days (which is around 10 nd half months, excluding the time i spend in India for work permit and court time (which is altogether comes to 20 months but i got work permit stamped in 17 months of time only, I came in 20th month).

I passed Live in UK test.

Well I came here in Oct 2001 and in Sep 2011, I completed my 10 years but I had a gap of 18- 20 months, when I went for Work permit, and I got that gap because of the court lost my appeal which took six months and rest of the time for hearing in the UK for work permit.
(I have all work permit court papers where judge allow to continue my appeal when the court lost my appeal, which took almost 6 months of time)

I applied for work permit when my student visa was valid. from my point of view it was not my fault the time i spend in India.

Generally if we look at Oct 2001 - Sep 2011 to complete 10 years and to apply for ILR, but I spend then after Oct 2011 till Now which is again 2 years, which we can say I covered the gap I had.

Could some one with the similar case or witnessed such a case can shed some light on this and let me know if I am eligible to apply under 10 Yr Rule.

Thanking you

Aijaz

[quantum1]

This is regarding ILR

I came in Oct -2001 on student visa, then I went to India on 15th December 2006 to get my work permit visa (I had a 60 months work permit approval from the UK- work permit) and my student visa was valid till 31st January 2007.

I applied for Work permit visa on 8th January 2007, British High commission Chennai, India and they refused my visa in February 2007 then my case gone to AIT court, I won the case in May 2008, the case took long time because the court lost my appeal.

I came back on Work permit in August 2008, then I switch my visa to student in August 2010, I studied MSc at University completed the course then I got PSW visa which is valid till end Jan 1st week 2014.

I came in Oct - 2001 till today if I calculate how long I was away from the UK to visit India in 12 years the total comes to 311 days (which is around 10 nd half months, excluding the time i spend in India for work permit and court time (which is altogether comes to 20 months but i got work permit stamped in 17 months of time only, I came in 20th month).

I passed Live in UK test.

Well I came here in Oct 2001 and in Sep 2011, I completed my 10 years but I had a gap of 18- 20 months, when I went for Work permit, and I got that gap because of the court lost my appeal which took six months and rest of the time for hearing in the UK for work permit.
(I have all work permit court papers where judge allow to continue my appeal when the court lost my appeal, which took almost 6 months of time)

I applied for work permit when my student visa was valid. from my point of view it was not my fault the time i spend in India.

Generally if we look at Oct 2001 - Sep 2011 to complete 10 years and to apply for ILR, but I spend then after Oct 2011 till Now which is again 2 years, which we can say I covered the gap I had.

Could some one with the similar case or witnessed such a case can shed some light on this and let me know if I am eligible to apply under 10 Yr Rule.

Thanking you

Aijaz

It really is a matter of discretion. You can only try.