ILR Eligibility

[zaheeruk]

Hi All,

I came to UK on Tier 2-ICT in Nov 30 2009. I had it extended till May 2013. But then I got another job in UK where in I converted my ICT to Tier 2 general which is valid till 2016. My question is when will I become eligible for ILR. I was in UK continuously from Nov 2009 till now barring for some time when I went on vacation(not more than 6 weeks) at a stretch.

These are my previous visa details

Original CoS-Tier 2-ICT:
Date of issue: 12-Nov-09
Start date: 23-Nov-09
End date: 23-Nov-11

Extension CoS-Tier 2-ICT:
Date of issue: 31-Oct-11
Start date: 24-Nov-11
End date: 23-May-13

Current Visa- Tier 2 General
Valid till Apr 2016

The maximum I was out of UK was from March 12 2013 to Apr 20th 2013(6 weeks-vacation). Prior to that I was out of UK(vacation) for 3 weeks in Dec 2012.

[physicskate]

28 days before 5 years. Your clock did not re-set as you were issued your entry clearance before April '10.

[zaheeruk]

Thanks

[mansoorash]

28 days before 5 years. Your clock did not re-set as you were issued your entry clearance before April '10.

Hi, what if the entry clearance was issued on 4th Jan 2005 but 1 year (2006) was spent outside the UK before returning back. Would that initial stay under entry clearance (student visa) count toward 10 years ILR?

Thanks very much.

[physicskate]

28 days before 5 years. Your clock did not re-set as you were issued your entry clearance before April '10.

Hi, what if the entry clearance was issued on 4th Jan 2005 but 1 year (2006) was spent outside the UK before returning back. Would that initial stay under entry clearance (student visa) count toward 10 years ILR?

Thanks very much.

You are asking a TOTALLY different question!!! No - that one year would not count as you would have broken your residency.
From the guidance for long residence applications:
"Time spent outside the UK

Continuous lawful residence is not broken if the applicant has a gap of leave outside the UK of less than six months or less. For example, applicants who leave the UK before their valid leave expires and obtain fresh entry clearance and re-enter the UK do not break continuous lawful residence, providing the absence from the UK is less than six months.
"

What visa were you on after you came back??

[mansoorash]

28 days before 5 years. Your clock did not re-set as you were issued your entry clearance before April '10.

Hi, what if the entry clearance was issued on 4th Jan 2005 but 1 year (2006) was spent outside the UK before returning back. Would that initial stay under entry clearance (student visa) count toward 10 years ILR?

Thanks very much.

You are asking a TOTALLY different question!!! No - that one year would not count as you would have broken your residency.
From the guidance for long residence applications:
"Time spent outside the UK

Continuous lawful residence is not broken if the applicant has a gap of leave outside the UK of less than six months or less. For example, applicants who leave the UK before their valid leave expires and obtain fresh entry clearance and re-enter the UK do not break continuous lawful residence, providing the absence from the UK is less than six months.
"

What visa were you on after you came back??

Thank you.

My student visa was valid for 3 years and when i came back after a year, I still had a valid visa for a year. Immigration officer asked me a few questions but eventually let me go. Since then I have had 2 student visa extensions and then PSW and now I am on Tier 2 (General).

[physicskate]

[quote="physicskate"]

"Time spent outside the UK

Continuous lawful residence is not broken if the applicant has a gap of leave outside the UK of less than six months or less. For example, applicants who leave the UK before their valid leave expires and obtain fresh entry clearance and re-enter the UK do not break continuous lawful residence, providing the absence from the UK is less than six months.
"

[quote]


You broke your residency. You can consider it restarted from when you entered the UK after you had been away for that year, unless of course, it was actually less than 6 months...