ILR 10 years with visa curtailment

[nm905]

Hi all,

I've been in the UK for almost 11 years on a student visa. However I had an 'interruption of studies' back in 2010 for 6 months due to a personal illness. I stayed in the UK for those 6 months and re-enroled back to university (April 2011) to finish my PhD.

At the time of my re-enrolment my student visa was still valid. A year later (March 2012), my visa was curtailed by HO citing that I had ceased study with my Tier 4 sponsor.

To add to the complication, I did not receive any curtailment notice as I had changed my address. The issue only came to my attention during a routine airport immigration check on returning to the UK after a holiday in July 2012. An understanding was reached with the help of the University and my PhD supervisor who confirmed that I am in full-time enrolment. However, as my visa had already been cancelled, I was given a 6-month leave to remain and advised to apply for a new visa.

Questions:
I don't have a break in my 'continuous residency' (except for the above) and was out of the UK in less than 540 days. I have prepared a long cover letter explaining the above, including a letter from my GP and PhD supervisor. What extra documents do I need? Will hiring a solicitor make my application stronger?

Any advice/comment will be appreciated.

Many thanks for your help.

[sheraz7]

To know exactly your immigration history you should request SAR file

[nm905]

I have requested for SAR and I have their minute sheet & case files on me.

Will they see the visa curtailment as a break in continuous lawful residency even though it wasn't my fault?

[nm905]

Can anyone help please? What are my chances with ILR given that the visa curtailment wasn't my fault?

Thank you.

[Amber]

See also, Long residence and private life (click).