Dependent visa-10 years rule

Sheng · Post by **Sheng** » Fri Feb 29, 2008 9:51 pm

I've been holding a student visa for 9 years and am thinking of applying for ILR under the 10 years long residency. However, I am thinking of switching to a dependent visa. My question is, can the time spend in the UK under the dependent visa counted inside the 10 years for me to be eligible for the ILR?

Thank you.

paulp · Post by **paulp** » Fri Feb 29, 2008 10:14 pm

It's ten years of legal residence, so yes, that would count.

costa · Post by **costa** » Sat Mar 01, 2008 2:12 am

If you want to apply based on 10-yead long stay and need to switch your status now, you better apply in the UK and in person.

Post by **vinny** » Sat Mar 01, 2008 2:29 am

Switches outside the UK may be considered as breaking the continuity of Long Residence (2.1.3). If it affects you, try to get written confirmation of their policy beforehand.

olisun · Post by **olisun** » Sat Mar 01, 2008 7:44 am

paulp wrote:It's ten years of legal residence, so yes, that would count.

This is going to be tricky, usually the applicant is refused ILR if he / she applies on his own while holding a dependents visa...

RAJ2007 · Post by **RAJ2007** » Sat Mar 01, 2008 9:18 am

olisun,

I totally disagree with you. If someone applies for ILR on the basis of 10yrs long stay it does not matter whether that person is on dependent visa or not while applying for ILR.

have you got any document that supports your statement?

costa · Post by **costa** » Sat Mar 01, 2008 10:50 am

one of my friend successfully got ILR based on 10-year student visa+ dependent visa long stay. although that's 1.5 years ago

lawful stay = whatever visa your hold

The picky home office will only survey if there is any gap during 10-year and what factor to cause the gap happen? by home office or by applicant? that's it.

Sheng · Post by **Sheng** » Wed Mar 05, 2008 9:06 am

vinny wrote:Switches outside the UK may be considered as breaking the continuity of Long Residence (2.1.3). If it affects you, try to get written confirmation of their policy beforehand.

Thanks everybody. I am very grateful.

Just got an email reply from HO and it says in the letter that I am not able to switch my student visa into dependent visa in the UK. I will have to travel back to my home country and apply to the nearest British Post.

The situation is getting more and more confusing.

1. As Vinny has suggested that switching visas outside the UK may be considered as breaking the continuity of residency, so switching might not be an option for me if I am applying ILR.

2. My FiancÃ© and I are from different countries. If I really want to switch my visa then which country will do it for me?

Post by **vinny** » Wed Mar 05, 2008 9:20 am

Sheng · Post by **Sheng** » Wed Mar 05, 2008 9:32 am

He's got a HSMP

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Dependent visa-10 years rule

Dependent visa-10 years rule