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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hello!I am currently on a tier-2 general work permit and

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I am currently on a tier-2 general work permit and I am approaching my 10th year of residency in the UK.
I arrived in the UK on May 2005 on a tier 4 student visa valid till the 31st of October 2010.
I sent an out of time application to extend the tier 4 visa on November 10. The application was refused due to maintenance points. Then I submitted a fresh application and received the tier 4 visa extension on April 4 2010.
Afterwards I applied and received the PSW visa for 2 years and then received the tier 2 general visa that I have now.
I had to live outside the UK in 2012 for a 10 months period due to serious illness. I have all the documents and scans from my doctor and hospital to prove it. I had a leave to remain throughout that time. So obviously I have spent more than 6 months at once outside the UK.
Am I eligible to apply for the ILR based on 10 year residency in May 2015? Would the out of time application that was submitted in November 2010 break my 10 year lawful residency?
Thank you so much for your advice.

No, it would not break your residency as you would be covered by the less than 28 days overstay rule.

You may go ahead and apply for indefinite leave to remain (ILR) in May 2015 but it will depend on the exercise of discretion as you had been out of the UK for more than 6 months and hopefully the Home Office will consider your medical issues to be compelling enough to grant you ILR.

May I help further?
Customer: replied 3 years ago.

Thanks for your reply. Could you please clarify how am I covered by the overstay rule during that big gap period? I assumed that I was regarded as an over-stayer from the date I submitted the out of time application on November 2010 until I received the leave to remain in April.

Because you applied on 10 Nov and your visa had expired on 31/10/10. The date your application is received by the Home Office is what matters, not the date they grant you leave to remain.

Hope this clarifies
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