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I appreciate some advice on ILR 10 year rule. I have been on a student visa from 29.04.2002 until 15.05.2011. I left the UK on 15.05.2011 with the intention of coming back for my PhD viva. I am now in the UK on a student visitor visa which runs from 28.09.2011 - 28.03.2012. Will I qualify for 10 year ILR on 28.03.2012 or do I need an extension of my student visitor visa (as there are more than 28 days gap between current visa expiry and 10 years in UK)?

Visitor status may be included under Long residence. However, a visitor applying for ILR may be refused under 322(7) because of 41(i) & (ii), unless there was a relevant change in circumstances.

sushdmehta wrote:Visitor status may be included under Long residence. However, a visitor applying for ILR may be refused under 322(7) because of 41(i) & (ii), unless there was a relevant change in circumstances.

Many thanks indeed for your reply. With regards to the 28 days rule, do I satisfy that with my dates (visa expiring 28 March 2012 and came to UK on 29 Apr 2002)? or do I need a valid visa until exactly my 10th birthday, but with ability to apply 28 days earlier?

You must have valid leave on the day you apply for settlement.

Also, I hope that you have understood the essence of the previous response - that your application for settlement may not be successful if you will be in UK as a (student) visitor at the time of such application.