student visa and ILR

jes2jes · Post by **jes2jes** » Tue Jan 22, 2008 11:16 am

hypegal3 wrote:Thanks Jes, I would have never thought of applying for an extra 2months extension, so what would this extension come under? Student, visitor, or what else? Thanks.

Are you the same as the father?

Well, all jokes aside, since he's currently a student, come end of August or July 08, he can apply for extension on his current course, assuming he has not completed it yet. If he has and still has exams to write then he can apply for extension as a person taking exams - Form FLR(S) makes provision for all these circumstances. I would be assuming since he has been using it for a while now, he would have familiarised himself (or yourself) with that already.

If the above does not apply, then he can be a dependant on your mom's visa when she is due for extension or even if your mom still has valid LTR left on the current one.

Finally, if both are expiring at the same time (sorry I don't have time to read the whole thread at the mo') he can apply for extension as a visitor but he would have to explain the reason why he needs a VV to BIA. Note that, under the LRC any lawful residence (different types of LTR or permits) in the UK would count.

hypegal3 · Post by **hypegal3** » Tue Jan 22, 2008 11:24 am

He used to be student and is now a dependent on my mom who is here for 8yrs. Yes we all expiring the same time as my dad, me and my brother are all dependents on my mum. How and why should he apply for a visitor visa, becasue he has been in this country as a visitor, then student, then dependent, then visitor again??????

paulp · Post by **paulp** » Tue Jan 22, 2008 12:11 pm

hypegal3 wrote:He used to be student and is now a dependent on my mom who is here for 8yrs. Yes we all expiring the same time as my dad, me and my brother are all dependents on my mum. How and why should he apply for a visitor visa, becasue he has been in this country as a visitor, then student, then dependent, then visitor again??????

While all legal residence (including visitor visas) count for 10-year ILR, don't you think the caseworker will be asking himself whether your dad's intention is really to go sight-seeing or simply stretching his stay to reach 10 years?

jes2jes · Post by **jes2jes** » Tue Jan 22, 2008 12:19 pm

hypegal3 wrote:He used to be student and is now a dependent on my mom who is here for 8yrs. Yes we all expiring the same time as my dad, me and my brother are all dependents on my mum. How and why should he apply for a visitor visa, becasue he has been in this country as a visitor, then student, then dependent, then visitor again??????

Well, since all of you are dependent on your mom's visa, then your mom has to seek extension (read my post above) so that your dad can get LTR until such time as his 10th anniversary is reached (short of the 28 days).

If he can get WP or HSMP approval now, that would be a bonus too!

sakura · Post by **sakura** » Tue Jan 22, 2008 12:24 pm

hypegal3 wrote:mom
DAD
6 months visiting visa
28 nov 1999- marc 2001
mar 2001 - 31 dec 2001
dec 2001 - sep 2002
sep 2002-jul 2003
jul 2003-sep 2004
sep 2004-nov2006
sep 2007- mar 2007
nov 2007- aug 2008
gaps in dads history is due to home office taking a long time, but he sent them in 28 days before they were expired every time.

I don't get it...now you're saying he qualifies this November 2008? Judging by your previous post above, he qualifies in November 2009...so what would the three months from Aug 2008 to Nov 2008 cover?

Or am I missing something here?

jes2jes · Post by **jes2jes** » Tue Jan 22, 2008 12:30 pm

sakura wrote:
hypegal3 wrote:mom
DAD
6 months visiting visa
28 nov 1999- marc 2001
mar 2001 - 31 dec 2001
dec 2001 - sep 2002
sep 2002-jul 2003
jul 2003-sep 2004
sep 2004-nov2006
sep 2007- mar 2007
nov 2007- aug 2008
gaps in dads history is due to home office taking a long time, but he sent them in 28 days before they were expired every time.
I don't get it...now you're saying he qualifies this November 2008? Judging by your previous post above, he qualifies in November 2009...so what would the three months from Aug 2008 to Nov 2008 cover?

Or am I missing something here?

Was the visitors visa in 1998? If not then your dad has another year under is belt to enjoy the miserable weather of England and Wales before applying!

sakura · Post by **sakura** » Tue Jan 22, 2008 12:34 pm

hypegal3 wrote:Hey guys, ok my mom is on student visa and so was my dad, but my dad is now a dependent on my mom, dad is going to be here for 10yrs in nov 2009, and mom will be here for 10yrs in feb 2010. dad used to have student visa, but now he doesnt. can dad apply for ilr even though he is a dependent on a student visa?

Maybe hypegal lost her place...

jes2jes...the thing is, even if he did have a visa in 1998, his following visa, according to her post, was in Nov 1999, so either he returned, or stayed on without a visa. What do you think?

jes2jes · Post by **jes2jes** » Tue Jan 22, 2008 1:15 pm

sakura wrote:
hypegal3 wrote:Hey guys, ok my mom is on student visa and so was my dad, but my dad is now a dependent on my mom, dad is going to be here for 10yrs in nov 2009, and mom will be here for 10yrs in feb 2010. dad used to have student visa, but now he doesnt. can dad apply for ilr even though he is a dependent on a student visa?
Maybe hypegal lost her place...

jes2jes...the thing is, even if he did have a visa in 1998, his following visa, according to her post, was in Nov 1999, so either he returned, or stayed on without a visa. What do you think?

Since he doesn't say exactly when his dad came to the country, there is no way of knowing. Well, just an assumption but assuming he came in 6 months(?) on a visitors visa, that puts the dads entry as July/August 98. If this is the case then he can technically apply come August but if there is a gap after the expiration of the VV before acquiring the SV then I am afraid it is a no show and has to wait on the 10th anniversary of the student visa.

hypegal3 · Post by **hypegal3** » Tue Jan 22, 2008 1:30 pm

Hey guys I see what you mean, his visitor visa is from Nov to March and then he applied for Student visa after the VV was expired straight away with no gaps. Like I said before any gaps in the earlier posts are due to the Home office. At one point they kept me and moms passport for almost a yr, but we have always been here. Fortunately for me i also came on visitor visa then became a student, one yr later and then4 yrs later became dependent on mom. What do you think?

sakura · Post by **sakura** » Tue Jan 22, 2008 1:57 pm

hypegal3 wrote:Hey guys I see what you mean, his visitor visa is from Nov to March and then he applied for Student visa after the VV was expired straight away with no gaps. Like I said before any gaps in the earlier posts are due to the Home office. At one point they kept me and moms passport for almost a yr, but we have always been here. Fortunately for me i also came on visitor visa then became a student, one yr later and then4 yrs later became dependent on mom. What do you think?

Just to confirm all of this...your dad will be eligible for ILR in November 2009, correct?

If that is the case, then he will need a visa to cover him - and your mum, yourself and your brother - from Aug 2008 to Nov 2009 - do they qualify for the IGS? I remember before you asked about this, sometime earlier last year - that they did not study for a Bachelor's or higher. Is this correct?

What about yourself?

hypegal3 · Post by **hypegal3** » Tue Jan 22, 2008 2:06 pm

Yes in Nov 2009, but his current visa expires aug 2008 and when he applies for one more yr extension he will sent it in july 08 and will be granted from maybe aug or sept 2008 to aug or sept 2009, but 10 yrs will be in Nov 09, which is what I was asking what should he do in the gaps.

At the moment my mom is doing a diploma, which is finishing in aug 2008, she wants to do a Degree now, then possible a bachelor, I dont know what she is planning to do.

And me. I am a dependent on her student visa, and so is my brother who was born here. Im studying an evening course. Currently looking for full time job.

Mom would make 10 yrs in 2010 and me 2011. But my dad has the chance to apply next yr. So just wanted more info.

jes2jes · Post by **jes2jes** » Tue Jan 22, 2008 3:18 pm

I am a dependent on her student visa, and so is my brother who was born here

How old is your brother or which year was he born?

I would not worry about the two months in 2009 now. My concern if I were you is to make sure that, come July/August your mom enrols on another course or alternatively, either you or your dad gets another form of Leave (WP, HSMP, IGS etc) to maintain your stay until the 10 year clock kicks in.

hypegal3 · Post by **hypegal3** » Tue Jan 22, 2008 3:38 pm

My brother is 1yr 3months. Ok so if my mom applies for extension again that would mean my dad, is going in the 11th yr, isnt it?

sakura · Post by **sakura** » Tue Jan 22, 2008 3:45 pm

So they've been a student for almost 10 years but haven't got to a Bachelor's? What have they been studying....and do all the courses relate?

jes2jes · Post by **jes2jes** » Tue Jan 22, 2008 4:31 pm

hypegal3 wrote:My brother is 1yr 3months. Ok so if my mom applies for extension again that would mean my dad, is going in the 11th yr, isnt it?

Please can you post exact dates for the following:
Date of first entry
Types of visas applied for and when they were applied for in light with the expiration of the visa held.

The more clarity the better. I also retrieted the fact that it would be better if he made a SAR to the BIA. All your questions would be answered.

hypegal3 · Post by **hypegal3** » Wed Jan 23, 2008 10:24 am

Hey Jes, here it is,

MOM
8 feb 2000-aug 2000 - visiting visa
sep 2000- sep 2001 - student visa
sep 2001- aug 2002 - student visa
aug 2002 - sep 2003 - " "
sep 2003- nov 2004 - " "
nov 2004- jan 2005 -" "
nov2005-sep 2006 - " "
nov 2006- oct 2007 - " "
nov 2007-aug2008 - " "

DAD
28 nov 1999- marc 2001 - visting visa
mar 2001 - 31 dec 2001 - student visa
dec 2001 - sep 2002 - student visa
sep 2002-jul 2003 - student visa
jul 2003-sep 2004 -student visa
sep 2004-nov2006 - student visa
sep 2007- mar 2007 - student visa
nov 2007- aug 2008 - dependent visa

paulp · Post by **paulp** » Wed Jan 23, 2008 11:03 am

hypegal3 wrote:Ok so if my mom applies for extension again that would mean my dad, is going in the 11th yr, isnt it?

Yes, your mum does need to extend. The home office only counts the number of years that the applicant has spent in the country. 10 years completed = starting on 11th

hypegal3 · Post by **hypegal3** » Wed Jan 23, 2008 11:36 am

So what you are saying is, my dad is going to have to wait until 11 years before applying for ILR?

paulp · Post by **paulp** » Wed Jan 23, 2008 11:43 am

hypegal3 wrote:So what you are saying is, my dad is going to have to wait until 11 years before applying for ILR?

To be more precise, in nov 2009, he will have spent 10 years in the country on valid visas. He will be "starting on his 11th" but he has only spent 10 years.

hypegal3 · Post by **hypegal3** » Wed Jan 23, 2008 11:57 am

Yes he will be here for 10 yrs in nov 2009, so he is going to apply for ILR in 2011?

hypegal3 · Post by **hypegal3** » Wed Jan 23, 2008 12:10 pm

Sorry thats ILR in 2010?

jes2jes · Post by **jes2jes** » Wed Jan 23, 2008 1:10 pm

hypegal3 wrote:Yes he will be here for 10 yrs in nov 2009, so he is going to apply for ILR in 2011?

I have just had the chance to look through your dad's dates:

Considering he has no gaps(?), please tell your dad to make a SAB Request, he would be eligible for ILR under the LRC in October 2009 (28 days before his 10th Anniversary = November 2009) but only if he can obtain Resident Permits until then.

What Paul is saying is that, although he will apply on the 11th year (or 28 days before), he has not in theory spent 11 years in the country but 10 years and one month (on the 11th year).

Hope this helps.

hypegal3 · Post by **hypegal3** » Wed Jan 23, 2008 1:39 pm

Helped alot thanks guys. So if he is successful in obtaining a ILR, would we get it too?

thirdwave · Post by **thirdwave** » Wed Jan 23, 2008 1:48 pm

hypegal3 wrote:Helped alot thanks guys. So if he is successful in obtaining a ILR, would we get it too?

I don`t think dependants can be included under an ILR application based on the 10 year rule..I think you`ll have to qualify on your own accord.

hypegal3 · Post by **hypegal3** » Wed Jan 23, 2008 1:52 pm

Thanks guys you have helped alot.

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student visa and ILR

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