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Someone can help me with this.

I have been in UK for almost 9+ years,

first 4+ year on Student visa

Aug 2002- Jan 2007

Then on Work Permit

Jan 2007 - March 2009

Tier 1

Marrch 2009- Till now

Though my workpermit was valid until July 2010 I went for Tier 1 almost 1 year before it expired .. for flexibility of changing jobs as I was on fixed term contract for 3 years with my then employer.

I lost my job in Feb 2010 and was unemployed until July, however I didnt claim any benifit etc during this period and was surving on saving.

Do you think this 6 month of unemployement on Tier 1 will have any problem ? I am currently employed with the current employer from Aug 2010.

I can also qualify on 10 year rule in August 2012 as I will have 10 year legal residency by that time...

Which route will be better for ILR (5 years on WP + Tier 1) or 10 year residency.

Can my wife and my daughter also apply for ILR if I go for 10 year residency ?

Any help will be much appreciated.

Thanks

I don’t think so 6 months of gap would cause any issues (it could if you were still on work permit). You need to claim earning points from 12 out of last 15 months, and they normally expect you to have the evidence of being economically active during the last 5 years in total.

You can take the P60s for last 5 years with you.

For your 2nd question, I would suggest try to get ILR on the basis of Tier-1 first as your dependants can qualify for ILR at the same as you are (I don’t think so your dependants will be able to get ILR straight away if you get your own ILR on 10 years rule).

Also, if you daughter was born in UK, you don’t need to include her in ILR, instead you can register her as a British Citizen as soon as you get your own ILR (but you still need to apply for your wife’s ILR).

I think your ILR on the basis of Tier-1 will due before 10 years rule, so I would suggest to use the Tier-1 ILR option. There is nothing to lose, if for some reason your application gets refused, you can always apply for ILR on the basis of 10 years rule in couple of months time. (in that case your dependants have to apply for Further Leave to Remain).

Thanks a lot !

I will apply on Tier 1 and WP basis then, I lost 1 of my P60 and that includes when I was not employed, I will be getting employement history letter from HMRC as suggested in other threads.. so hope it will be ok

Yeah, getting the employment history letter from HMRC is a good substitute for any missing P60 and Home Office seems to be accepting it. Make sure to get it asap as it could take up to 4 weeks.