It all depends on the Category of Permit over the last 8 yrs. You could have been on a Working Holiday Visa for the first 2yrs, changed over to a 6 months Tourist Visa, then again to a Working Holiday Visa for a further 2 yrs, then changed over to registered Student within the last two years. Even though you may have been legally resident over the last 8yrs in the above hypothetical example, it still does not qualify you for an ILR.

You only qualify for an ILR if your Immigration status is subject to no time limit or without any restriction. In most cases 5yrs (without any restriction) will entitle you to an ILR.

A Higher Education qualification does not entitle you to a resident Permit in the UK neither will buying a Property give you a right to a Permit. You could try the Highly Qualified Immigrant Scheme for knowledge workers if you can prove an income of UKP45,000 over the past two years.

To assist any further you need to provide more information on your Immigration background.

 

I suggest you speak to a very good Immigration Lawyer to work out the fine points. On one hand an ILR is given to those with Long Term continous 'Lawful Residence'. The IND further goes on to clarify lawful residence as:

(b) "lawful residence" means residence which is continuous residence pursuant to:

(i) existing leave to enter or remain; or

(ii) temporary admission within section 11 of the 1971 Act where leave to enter or remain is subsequently granted; or

(iii) an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.


A student's status will be affected by (iii) and most likely will not qualify you for an ILR.

On the other hand Section 276B of the IND Rules provides that : the ground of long residence in the United Kingdom

be met by an applicant for indefinite leave to remain on the ground of long residence if:

(i) (a) he has had at least 10 years continuous lawful residence in the United Kingdom;

The above could well be the basis for an ILR. In that respect you need to find a 2Year Residency to top up your 8yr credit for an ILR. Maybe consider a Phd or any other Legal basis.

However you need a Solicitor to clarify your 'Continous Lawful Residence' status from your Immigration History.

 

Hi Dinesh,

I am in the same situation as you are. Do you have any updates regarding your position?

Thanks,
Jon