indefinite leave to remain including visit visa

[owz]

hi i came to uk in 2009 on visit visa and stay over here for 1 year and left the country before expiring the 6 months limits and got my student visa before the expiring of visit visa and entered the country and my 10 years is completing in two months time. can i apply for long residence ilr including visit visa?

[CR001]

on visit visa and stay over here for 1 year and left the country before expiring the 6 months limits

Can you clarify this as it makes no sense. Did you stay in the UK for ONE YEAR on a visitor visa??

Useful to state your full detailed immigration history including visa start and ends dates.

[owz]

please see below

first entry entered 18 feb 2009
left uk 1st july 2009
second entry 23rd july 2009
left uk 20 dec 2009
visit visa valid till 20 march 2010

got student visa on 8 january and entered in uk 10 january 2010 and now here without break.

can i apply for ilr based on long residence?

[CR001]

Should be fine yes. You can apply no sooner than within 28 days before 18 Feb 2019, provided you meet all the other requirements too.

[owz]

thank you for this. can you confirm as well because on guidance example saying entered as a student. so i was confuse might visit visa does not count.

moreover, i have one more question my dependent came in to uk on november 2015 and her 5 years will be completed on november 2020 . do she need to switch to flr(m) or she can continue on current leave my current leave is tier 4 valid till december 2020.

[CR001]

thank you for this. can you confirm as well because on guidance example saying entered as a student. so i was confuse might visit visa does not count.

ALL visas count for ILR based on long residence and your residence clock for ILR starts counting from date you ENTERED the UK.

moreover, i have one more question my dependent came in to uk on november 2015 and her 5 years will be completed on november 2020 . do she need to switch to flr(m) or she can continue on current leave my current leave is tier 4 valid till december 2020.

She cannot apply for ILR based on her current visa. Also risky to travel if she does not switch to FLR(M) first. She must meet the English and financial requirements for FLR(M).

[owz]

Thank you for clarification.

I have one more confusion. Will her 5 year clock will be reset after switching to flr(m) or she can apply ilr in 2020?

[CR001]

Thank you for clarification.

I have one more confusion. Will her 5 year clock will be reset after switching to flr(m) or she can apply ilr in 2020?

The 5 year ILR clock for ILR will reset. She cannot apply for ILR on her current visa because you will apply for ILR based on long residence. She only has the option of switching to spouse visa.

[owz]

Thank you for this.

Is their any time limit to switch to flr (m) after main applicant gets ilr. or she can switch any time before expiring of her current visa ?

[CR001]

Can switch at any time before current visa expires. Don't make travel plans out of the UK until you have switch though.

[owz]

Thank you for this.

I have one more concern if i apply my ilr with my wife as wife completing 5 years pbs in november 2020. Then she can apply for ilr as well or not?

[CR001]

Thank you for this.

I have one more concern if i apply my ilr with my wife as wife completing 5 years pbs in november 2020. Then she can apply for ilr as well or not?

If you apply for ILR based on 10 years long residence, then NO she cannot apply for ILR based on PBS Dependent visa in 2020. The only option she has is to switch visa category. The rules changed in April 2014 for PBS dependents of Long residence ILR applicants, link below.

immigration-for-family-members/dependan ... 43881.html

She can only apply for ILR based on PBS Dependent visa in 2020 IF you apply for ILR based on 5 years PBS route, however note that Tier 4 does not lead to ILR based on 5 years residence so she wouldn't qualify anyway.

[owz]

Thank you for this .
You have said tier 4 cannot apply ilr for 5 year but it can be 10 years while on tier 4 visa as i am on tier 4 visa and can i apply ilr of 10 years while on tier 4 visa ? Sorry to ask again as i am little confuse what you said

[CR001]

I said not 5 years ILR. I didn't say ANYTHING about 10 years ILR not being possible on student visa. ILR LR all visas count.

[owz]

Thank you for clarifying my doubts.

Much appreciated for your replies.