Immigrationboards.com

hie
was just wondering about the 10 year rule to apply for ILR...im not sure if i qualify under it or not and was hoping someone could shed some light.. I basically came here just over 10 years ago on a visitors visa - 30 dec 2001...(im only 29 but my memory is a bit rubbish) i got a 6 month stay for my visa but the next visa on my passport was stamped 8 aug 2002 and valid until oct 2003 and is a student visa...
i then got another student visa until 2006 then i changed onto a work permit which is valid till jan 2011
My question is - am i eligible for the 10 year ILR ..i know I could wait till Jan next year when my work permit runs out but im ever so concerned that they will change the laws
and also one last question regarding absences - i have travelled home each year for a fortnight when on paid annual leave since 2004, do these days count as absences or not?

thank you in advance

xoliemitch wrote:hie
was just wondering about the 10 year rule to apply for ILR...im not sure if i qualify under it or not and was hoping someone could shed some light.. I basically came here just over 10 years ago on a visitors visa - 30 dec 2001...(im only 29 but my memory is a bit rubbish) i got a 6 month stay for my visa but the next visa on my passport was stamped 8 aug 2002 and valid until oct 2003 and is a student visa...
i then got another student visa until 2006 then i changed onto a work permit which is valid till jan 2011
My question is - am i eligible for the 10 year ILR ..i know I could wait till Jan next year when my work permit runs out but im ever so concerned that they will change the laws
and also one last question regarding absences - i have travelled home each year for a fortnight when on paid annual leave since 2004, do these days count as absences or not?

thank you in advance

if you first came here on 30 Dec 2001 then that is not 10 years. (yet) you will have to wait until 30 Dec 2011.

also, in the mean time, order your SAR file. It seems there is a gap between your visitor visa and your first student visa. Do you remember if you submitted the student visa application when your visitor's visa was still valid?

Also you say your work permit expired Jan 2011. If so, you are an overstayer and your continous lawful residence is now broken. You will have to start again.

Any time spent abroad is considered as an absence. the total time spent abroad must not add up to more than 18 months

Hie
Feel a bit stupid now:/...
My work permit is for 5 years expires jan 2012 not 2011...
I think I applied for a students visa on time.. The HO had my passport for a while when my visitors visa expired.. Would they have given me a students visa if I had overstayed on my visitors visa?
Thanks