Immigrationboards.com

I have a question that's been eating me up for months. Here it is.

I've been a student from Sep 2005 to Jul 2009 at which point I applied for a PSW a few days before my student visa expired in August 2009 and was rejected one month later due to maintenance (no surprise there). My rejection was dated on the 4th of Septmember 2009. I left the UK on the 18th of September (which is on the 10th working day after the date of the rejection). I applied for a PSW visa back home and got it in January 2010 and came back in January 2010.

MY QUESTION IS:

Am I still eligible for the 10 year ILR? I read that you are still eligible for the ILR even if:

1. You leave and return to the UK within six months

2. In the ten year period you have not been away from the UK for more than 18 months.

3. You leave with a valid visa and return with a valid visa i.e. no overstaying

In my case I did not overstay because I left on the 10th WORKING DAY (check your calender) after my rejection and 10 working days is the additional validity of a previous visa after rejection. Any time after 10 working days without lodging an appeal is overstaying. I also returned four months later with a valid visa.

If everything else is fine for the next five years would I be eligible for an ILR??? PLEASE LET ME KNOW!! THANKS A LOT GUYS!!!

Nezinho

I think you've answered your own question. Sounds like you should be fine.

THanks for your reply. I am pretty confident that it'll be fine. I was just wondering if there is any rule that I'm not aware of.

Assuming settlement under the long residence category remains operatinal in 2015.


regards