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Tier 5 and 10 Year Residence

Posted: Mon Apr 29, 2019 5:34 pm
by aribel
Hi, I'm a Canadian citizen who has been legally living in the UK since 2009. Here are the visas I have held
- Tier 4 (General) Student
- Tier 1 HS Post Study Leave To Remain
- Spouse/Partner Leave To Remain
- Spouse/Partner Leave To Remain (renewed)
- Tier 5 Youth Mobility Visa (expiring in October 2019)

I seem to meet all the eligibility requirements to apply for the 10 Year Residence ILR. However, I noticed on the gov website that it states that:

"You must have permission to stay (‘leave to remain’). This can be in any immigration category, or a combination of different immigration categories."

On my current visa biometric card it says that I have "leave to enter", could this be an issue?

Thanks!

Re: Tier 5 and 10 Year Residence

Posted: Mon Apr 29, 2019 5:53 pm
by CR001
All visas count, even visitor visas.
Spouse/Partner Leave To Remain (renewed)
- Tier 5 Youth Mobility Visa (expiring in October 2019)
What was the expiry date of your previous spouse visa?

What date did you leave the UK to apply for Tier 5?

What date did you return to the UK?

What date did you enter the UK in 2009?
Why didn't you apply for ILR after 5 years in spouse visa (if relevant)?

Re: Tier 5 and 10 Year Residence

Posted: Mon Apr 29, 2019 6:08 pm
by aribel
Please see the visas with expiry dates below:

- Tier 4 (General) Student; Issued: 27/08/2009; Exp: 31/01/2011
- Tier 1 HS Post Study Leave To Remain; Issued: 04/02/2011; Exp: 04/02/2013
- Spouse/Partner Leave To Remain; Issued: 27/02/2013; Exp: 27/08/2015 (NB: This visa was issued after the expiration of my previous visa but I have proof (letter from the home office) that I applied approx 1 month before the expiry.
- Spouse/Partner Leave To Remain; Issued: 17/07/2015; Exp: 01/02/2018
- Tier 5 Youth Mobility Visa; Issued: 31/10/2017: Exp: 31/10/2019

What date did you leave the UK to apply for Tier 5?
I took a 4 day trip to Canada in October 2017 while my spousal visa was still valid to apply for my Youth Mobility.

What date did you return to the UK?
I returned to the UK on my new visa on 31 October 2017.

What date did you enter the UK in 2009?
27 August 2009. And I plan to apply for the 10 year ILR in September 2019.

Why didn't you apply for ILR after 5 years in spouse visa (if relevant)?
We broke up before I reached 5 years and therefore went to Canada for 4 days to apply for my Youth Mobility.

Thanks for your help!

Re: Tier 5 and 10 Year Residence

Posted: Mon Apr 29, 2019 6:09 pm
by CR001
You can apply for ILR within 28 days before reaching the 10th anniversary of the date you entered the UK and you meet all the other requirements.