apply for indefinite leave to remain

linux44 · Post by **linux44** » Thu Sep 18, 2008 12:32 pm

Hello
I have been looking at UKBA website to find out the answer to my friends question but I am not sure that if I have fully understand what it is saying on UKBA website

Let me first explain the situation
my friend has came to The UK on December 2006 on student visa (1 year student visa).he did an English course for about 9 month and then applied to university which he has been accepted and granted a student visa till end of 2011.
Now he is doing his second year on uni and expected to get his degree by end of 2010(if he choose to not take placement ) or 2011(if he choose to take placement).

He want to settle in the UK (apply for indefinite leave to remain) and need some help as I know that he has to stay in the UK for a least 5 years in order to be eligible to apply so I told him to complete his degree (taking a sandwich course)which will finish at end of 2011 and that means he has been in the UK for period of 4 year and 10 month .
he would still need to stay for another 2 month and has to apply for new visa.
what I suggested him was to apply for highly immigrant visa and after a year switch to indefinite leave to remain but I donâ€™t know if that is possible or not.
the reason is that in UKBA website saying in order to apply for indefinite leave to remain he should been in the UK at least for 5 years and holding highly skilled immigrant visa .
Does that mean that ,the past 4 year and 10 month which he has been in the UK holding student visa do not count toward as that 5 year ?

In below I will quote what is on UKBA website :
The requirements for settlement

To qualify to settle in the United Kingdom under the HSMP you must:

* have been living legally in the United Kingdom for the last five years; and
* currently have permission to stay in the United Kingdom as a highly skilled migrant; and
* have been in the United Kingdom as a highly skilled migrant, work permit holder or innovator throughout the five years; and
* have maintained and accommodated yourself and any dependants without the use of public funds throughout the five years; and
* have been employed, self-employed or a combination of the two throughout the five years; and
* have sufficient knowledge language and life in the United Kingdom.

please help and will appreciate ur help
thanks

Post by **vinny** » Thu Sep 18, 2008 12:45 pm

Unfortunately, time spent as a student may not be counted towards work-related ILR.

linux44 · Post by **linux44** » Thu Sep 18, 2008 12:49 pm

thanks for ur reply
so what do u suggest that he can do ?

republique · Post by **republique** » Thu Sep 18, 2008 1:35 pm

linux44 wrote:thanks for ur reply
so what do u suggest that he can do ?

apply for 10 yr visa in 2016

linux44 · Post by **linux44** » Thu Sep 18, 2008 1:41 pm

apply for 10 yr visa in 2016
are u joking

ci07jjs · Post by **ci07jjs** » Thu Sep 18, 2008 1:44 pm

linux44 wrote:apply for 10 yr visa in 2016
are u joking

marry a UK/EU national?

linux44 · Post by **linux44** » Thu Sep 18, 2008 1:45 pm

he is already married to someone from his country

ci07jjs · Post by **ci07jjs** » Thu Sep 18, 2008 1:51 pm

linux44 wrote:he is already married to someone from his country

if he has kids he may be able to fast-track his ILR in 2012 under 7 year concession

Wanderer · Post by **Wanderer** » Thu Sep 18, 2008 1:59 pm

ci07jjs wrote:
linux44 wrote:he is already married to someone from his country :D
if he has kids he may be able to fast-track his ILR in 2012 under 7 year concession

Hasn't that gone? If not I bet it will have by 2012!

linux44 · Post by **linux44** » Thu Sep 18, 2008 2:14 pm

ok thansk for all of ur suggestion
the thing is he hasnt got any child i might just tell him the best thing to do is to apply for high skilled immigrant
just a question
do u think if he do not take his placement and complete his degree on 2010 and then apply for high skilled immigrant would be better of stay on sandwich course which he has to do the placement and get his degree on 2011 and then apply for highly skilled immigrant visa?

republique · Post by **republique** » Thu Sep 18, 2008 4:25 pm

linux44 wrote:apply for 10 yr visa in 2016
are u joking

No why would I be joking
there are no quick fixes to obtaining ILR, the rules are the rules

linux44 · Post by **linux44** » Thu Sep 18, 2008 6:17 pm

i am telling u that his visa will be expired on end of 2011 and do not want to do any other further education
so how can he apply for that visa that u are saying

republique · Post by **republique** » Thu Sep 18, 2008 6:57 pm

linux44 wrote:i am telling u that his visa will be expired on end of 2011 and do not want to do any other further education
so how can he apply for that visa that u are saying

you get another visa for a different purpose

Post by **vinny** » Thu Sep 18, 2008 7:45 pm

For example, Working in the UK.

Post by **Frontier Mole** » Thu Sep 18, 2008 9:49 pm

2011 is a long way off.
There will new immigration legislation before 2011, some is already known about which will come into being from the 2007 Act in 2009. Trying to second guess the immigration position 2 / 3 years ahead is not really a worthwhile exercise.

The other issue is the UK economy; it is likely to go into further decline for the next couple of years. Guess what will happen - the immigration shutters will come down, the chances of non-EEA workers being allowed to enter diminish and those already here will not get extensions to their WP's or whatever PBS Tier they entered on. Students already in the UK wanting to upgrade to the PBS system will find it more difficult to do so. We have already seen the door shut on care workers as an example and now shutting gently on low waged chefs and on it will go.

The job market is constantly under review and the PBS system is designed to reflect the needs of UK plc. The upper end tier 1 job market will be the safest place to be but given the high number of IT skilled people in HSMP at the moment I think a few are in for a shock. IT is one area that seems to go from feast to famine quickly.

With at least 30,000 people expected lose their jobs in the banking and financial sectors by Christmas things are going to get tough. Redundancy spares no one and affects everyone regardless of country of origin. It depresses the job market as a glut of skilled people hunt for ever decreasing numbers of jobs. Employers can pay less and cream off the best candidates.

Sorry about the doom and gloom but better to prepare for the worst and hope for the best.

linux44 · Post by **linux44** » Mon Aug 17, 2009 11:17 am

ok
the question is that i have been on student visa for 1 year and on resident permit for the other 4 year (resident permit not student visa)

still need to wait for another 5 years?

tnx

Wanderer · Post by **Wanderer** » Mon Aug 17, 2009 11:31 am

linux44 wrote:ok
the question is that i have been on student visa for 1 year and on resident permit for the other 4 year (resident permit not student visa)

still need to wait for another 5 years?

tnx

It's one year then, if you have been on a work permit or HSMP for the last four years.

magsi23 · Post by **magsi23** » Mon Aug 17, 2009 11:45 am

linux44 wrote:ok
the question is that i have been on student visa for 1 year and on resident permit for the other 4 year (resident permit not student visa)

still need to wait for another 5 years?

tnx

Time spent on student visa will only count towards Long Residence ie when applying after 10 years lawful residence

linux44 · Post by **linux44** » Mon Aug 17, 2009 12:23 pm

hi
thanks for ur reply
i dont know if i am on HSMP or work permit
as i said i have been student for last 5 years(1 year on student visa and 4 year on resident permit)
on the resident permit there is nothing metioning whether it is student or HSMP visa all it says is as follow:
limited leave to remain ,no resource to public found,and i am able to work with authority from ....

is this second visa a HSMP visa?if so can i extended for another 2 year ?
many thanks

Wanderer · Post by **Wanderer** » Mon Aug 17, 2009 12:29 pm

linux44 wrote:hi
thanks for ur reply
i dont know if i am on HSMP or work permit
as i said i have been student for last 5 years(1 year on student visa and 4 year on resident permit)
on the resident permit there is nothing metioning whether it is student or HSMP visa all it says is as follow:
limited leave to remain ,no resource to public found,and i am able to work with authority from ....

is this second visa a HSMP visa?if so can i extended for another 2 year ?
many thanks

Eh? You must know what visa you applied for!

I suspect you confusion is cos u got a one year student visa from your home country and extended it in country which will say it is a residence permit.

So, one the face of it, ur still on a student visa, hopefully not working full time on it, hopefully still studying on it otherwise it's automatically invalid and you will be an overstayer.

So please clarify what you are doing now, studying or working?

Re-read ur post - I think I am correct, ur a student and therefore like everyone said you have to until you've had 10 years on this type of visa if the 10 year year rule still exists which some doubt cos everything is being tightened up.

linux44 · Post by **linux44** » Mon Aug 17, 2009 12:40 pm

tnx for ur reply
i am curently working as part of my degree course(placement) which is allowed on my visa.
there is nothing on the visa mentioning that i have student or hsmp visa
it

are u trying to say that the 10 year role could be change to higher number of years ?probebly 15 or more or something?

that is how my visa looks like without having the general teir 1 on it
http://sapproduct.com/hsmp2.jpg

Wanderer · Post by **Wanderer** » Mon Aug 17, 2009 12:56 pm

linux44 wrote:tnx for ur reply
i am curently working as part of my degree course(placement) which is allowed on my visa.
there is nothing on the visa mentioning that i have student or hsmp visa
it

are u trying to say that the 10 year role could be change to higher number of years ?probebly 15 or more or something?

that is how my visa looks like without having the general teir 1 on it
http://sapproduct.com/hsmp2.jpg

Almost certain it's an in-country student visa, my gf's old one looks like how u describe yours.

I think the feeling is the 10 year legal and 14 year any stay routes to ILR will go completely, but we won't know till we are told. Whatever happens it will be a lot tougher than it was.

rsharif · Post by **rsharif** » Mon Aug 17, 2009 3:39 pm

Please someone confirm if we need to fill separate application form Set0 for main applicant + one for each dependant?

I'll appreciate if someone can list the required documents?

Many thanks..

Reza

linux44 · Post by **linux44** » Mon Aug 17, 2009 5:14 pm

this is how it looks like ,another example .
would homeoffice be able to tell me what visa am i on if i give them the visa number?
http://img41.imageshack.us/img41/3826/53023792.png[/img]

Wanderer · Post by **Wanderer** » Mon Aug 17, 2009 5:19 pm

linux44 wrote:this is how it looks like ,another example .
would homeoffice be able to tell me what visa am i on if i give them the visa number?
http://img41.imageshack.us/img41/3826/53023792.png[/img]

Deffo an in-country Student visa.

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