i left the UK because not enough salary to settle but now law changed... so...

[Droanajel2020]

Hi

I lived in the UK from 2007 to 2017 on a series of visas (student visa, post study work, two work permits)

I was supposed to get my ILR in 2016 but my salary was above the range for my job but below the required 35K.

I had to leave in 2017

are there any special circumstances for cases like this?

Effectively, I could have stayed under this law...

Thanks for any input guys.

[CR001]

Why didn't you apply for ilr based on 10 years long residnece if you had 10 years legal stay and met all the standard requirements?? There is no salary threshold requirment for 10 years long residence ilr, regardless of what visas you held.

Also unclear what "law change" you are referring to

[Droanajel2020]

Hi

Thanks for your reply.
I could not apply unde the 10 year scheme because after I finished my MA I went to Brazil to do a course for 9 months, thus i did not live in the UK for 10 years continously.

The 35k was introduced in 2011 to settle. Back then I was working already with a tier 2 visa.

What I mean is: it seems I could have stayed in the UK under current UK legislation, because they got rid of the 35k threshold which was the reason why I had to leave.

Are there any kind of special circumstances?

[Droanajel2020]

Hi

Sorry. I meant this change:

https://www.theguardian.com/world/2020/ ... -climbdown


it was reduced to 25k and 20k to some special cases

[CR001]

The ilr threshold for tier 2 is still in place and has not been removed.

What you are referring to is the new pbs route coming into effect in January 2021, which is a different visa route and rules.

This doesn't help you in terms of your previous tier 2 time. That time has been lost and you would have to start again with a new sponsor and visa and anew 5 year period for ilr.

[Droanajel2020]

Hi CR001

Thank you very much for your replies and your time. I really appreciate it.
It is exactly as I thought but I just wanted to double check with the moderators.

Again, thank you.

[secret.simon]

I think (not sure, so don't get your hopes up too high) that you can apply for Long Residence ILR even after you left the UK with 10 years of long residence, provided you apply for it within the UK (so you would have to apply for a visa and enter the UK in order to apply for it).

That is to say that the 10 years of long residence does not have to be the 10 years immediately the date of application, it could be any 10 years of long residence.

But the application must be made while you are in the UK, so you would need to apply for a UK visa and reenter the UK to be able to apply.

Keep in mind that the rules for British citizenship are completely different and that even if you do get ILR based on Long Residence, British citizenship will still be a few years away.

I'll cc @Obie in for his advice on whether ILR(LR) can be applied for any 10 years of UK residence or only for the immediately preceding 10 years.

[Droanajel2020]

Hi Simon

Thanks for your message.

Unfortunately, even though I lived in the UK from August 2007 to August 2017, I left for more than 6 months in 2009 because I went to Brasil to study a course:

August 2007 - March 2009 Student Visa
November 2009-August 2011 Post Study Work Visa
August 2011 - August 2017 Work Permit

I did not hold a visa from March 2009 to November 2009 (8 months). If you leave the country for more than 6 months, you do not qualify for ILR under the 10 year rule.

Of course, 13 years ago my priority was my education and not about my life in the UK.

I just thought that MAYBE there were some special circumstances for people who had to leave because of the soon to cease 35k rule to settle, but CR001 kindly explained to me that it does not seem I have a chance because it was the legislation at the time I was supposed to send my application over. Sucks a bit but, better safe than sorry and I just wanted to ask you guys.
Thanks for all the support.