Long residence under Tier-1 and Tier-2 Visa (Curtailment)

[md_ismaeel]

Dear All

I have query regarding the long residence category. I have been in the country since sep 2009 and then i have changed my visa in different category which is listed below .


Visa Type Valid From Valid To
Tier-4 14th Sep 2009 28th Jan 2011
Tier-1 (PSW) 19th Jan 2011 19th Jan 2013
Tier-4 (Student) 13th Jan 2011 01st May-2015
Tier-2 (Gen) 23th Aug 2014 14th Sep 2015 ( Tier-2 (Gen) Visa is curtailed and the
curtailed visa date is mentioned below )
Tier-2 (Curtailed) ---------------- 17th Aug 2015 (Left the UK 9th May-2015 and
returned to UK on 23th Oct 2015 which is less than 180 days)
Visit Visa 11th Aug 2015 11th-Feb 2016 (i haven't used that ViSa to travel)
Tier-2 (Gen) 06th Oct 2015 30th Oct 2018
Tier-2 (Gen) 17th Aug 2018 20th Oct 2021

My question is am i eligible to apply for ILR in Long residence ?
Have i broke continuous resident during the period of 2014 to 2015 (please see the above scenario) ?
If i am eligible when is the latest i can able to apply for ilr ?
Is visit visa is valid countable under long residence category ?

Please let me know if you have gone through the similar situation !

Reagrds
Ismaeel

[md_ismaeel]

Sorry i know i am bumping into other post. I hope you guys don't mind as i am desperately looking for some answer for the past one week without sleep (literally this things killing my sleep).

Anyhow i am in similar situation like him.

What is your full UK immigration history?
I have been in UK since September 2009 to Sep-2014 on Tier-1 and PSW visa. Then switched to Tier-2 Visa on Sep-2014 and it was valid until Sep-2015

What was the reason for curtailment?
lack of funding

What was the end date your previous visa was curtailed to?
My first Tier-2 visa was curtailed to 17th of August 2015

What date did you leave the UK and what date did you return (exact dates)?
9th May 2015 i left the UK and applied for fresh entry clearance on 6th July (tourist Visa which was valid until Feb 2016 ) and again applied for Tier-2 visa on 22nd of September-2015 and re-entered the UK on 23rd of October 2015 (current visa is valid until October 2021)

Presumably you are asking about ILR based on Long Residence??
Yes

[zimba]

Firstly do NOT tag your question on other posts

My question is am i eligible to apply for ILR in Long residence ? Yes
Have i broke continuous resident during the period of 2014 to 2015 (please see the above scenario) ? No
If i am eligible when is the latest i can able to apply for ilr ? Earliest 28 days from completing your 10 years (counting from the first entry date to the UK)
Is visit visa is valid countable under long residence category ? Yes

[md_ismaeel]

Thanks for your prompt response.

Yes I can understand that, but I was so stressed that’s why I tagged my self there. Sorry about it.

Anyhow going back to query. Thanks a lot for you answer. I am kind of bit relived now but still I am not clear about the break in residence.

As you aware that my visa was curtailed on this date (17-08-2015) but I left the country on 9th May 2015 without receiving the curtailment letter. Does my departure date ( 9th May 2015 ) cancel the validity of the curtailment visa (17-08-2015) ?
Does it have any impact on the ILR LR ?

[zimba]

The curtailment is not relevant. You left with a valid visa and returned within 6 months

[md_ismaeel]

Thanks for your reply but I have read the long residence guidance form. They have mentioned that if your away and if you’re visa got expired outside the UK then you need to apply within 28 days to continue your continuous residence. Is it true in my case ? And is there any condition for curtailment visa ? Is there any possibilities that they can able to pre pound my curtailment visa once the decision has been made like in my case in curtailment was valid until 17th Aug 2015 but I left the country on 9th May 2015 !

[CR001]

Thanks for your reply but I have read the long residence guidance form. They have mentioned that if your away and if you’re visa got expired outside the UK then you need to apply within 28 days to continue your continuous residence. Is it true in my case ? And is there any condition for curtailment visa ? Is there any possibilities that they can able to pre pound my curtailment visa once the decision has been made like in my case in curtailment was valid until 17th Aug 2015 but I left the country on 9th May 2015 !

You have read wrong.

Which guidance notes are you reading?? Post the link.

[md_ismaeel]

I have referred the long residence guidance. Please refer the page no 10


https://assets.publishing.service.gov.u ... -v15_0.pdf

Page no 10

[CR001]

It does clearly state 'left the UK with NO valid leave'!!! This does NOT apply to you.

[md_ismaeel]

Thanks a lot... hopefully if everything goes well I will apply for my visa next and will keep you posted