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I came here in UK on student visa in december 2004.Switched to IGS in december 2007 and got extension until december 2008 then applied for PSW in november 2008 but application was sent back due to fee problem but I sent my application back with correct fee after couple of days but my visa was already expired 3 days before. Then refused due to maintenance issue got appeal right appealed but my appeal was dismissed by tribunal then applied to upper tribunal but again dismissed then appealed to high court and received dismissal in 18th of july 2009. I left the country on 13 of august2009 and applied fresh entry clearance as dependant of tier4(my wife) got visa on 3rd december valid from 22nd october 2009 till 30 november2010. Entered UK again on 8th december2009. Switched successfully to Tier1 general applied in november. Till now I am on tier1 general I am completing my 10 years in november. I have a gap from august 2009 to december 2009. Can you please advise me that would I be able to get discretion on this issue or not. I have a son and my wife here as well as my dependant and I have my own house and owner of a business.

max law wrote: I have a gap from august 2009 to december 2009. Can you please advise me that would I be able to get discretion on this issue or not. I have a son and my wife here as well as my dependant and I have my own house and owner of a business.

Usually 6 months absence in a year won't affect the continuous residence and in order to benefit from that one should leave and return UK with valid leave. Check page 16 to read the relevant examples.. You should also request the SAR file to see your immigration history too for proceeding to long residence-ILR application.

I don't see it happening.
There is a gap of 8 months from dec 2008 to Aug 2009 when you were in the country without leave. I do not know why you got appeal rights, but you should get a SAR. Maybe UKBA does not count this period as a gap.

Nevertheless, when you left the country, you did not have leave. That breaks your continuous residency. There is no discretion for that.

However, given your personal situation, they might grant you DLR. I don't know if this is better for you or not. It will supercede your TIer I visa and you will be elligible for ILR in 2019 instead of 2014 for Tier 1 ILR. In fact, why are you interested in the LR route. Tier 1 would be easier and quicker given that you have family?

Advise needed from vinny please

max law wrote:Advise needed from vinny please

Dude, your continuous residence was broken when you left UK without a valid leave, asking advice from someone else is not going to change the ground reality, appreciate those who have spent time replying to your query

As suggested by quantum, shortest route to ILR for you will be through Tier1 on SET(O)