ILR- Long Residence: Application queries

[CULLINAN]

No issue.

[user5]

Thank you! And thanks a relief!

[user5]

Hi, thanks to everyone for their help in responding to queries!

I have been following the ILR LR timelines and stats and was hoping to hear back by xmas but with the current ambiguity am getting really worried so have a few preemptive questions that I was hoping to get help with.

I submitted my ILR LR application on the 11th of September. I am currently on a Tier 4 visa which expires the first week of January (2021).

I’ve got 3 questions.

1. My university course officially finishes on the 28th of January. I understand that I could have applied for a Tier 4 extension but now have an ILR application pending. Is this a problem? If my current leave expires while I am still waiting to hear back on my ILR can I still continue on my course. I.e does section 3C (for ILR application) allow me to continue studying as a student on my course if I have not applied for a Tier 4 extension?

2. I am currently eligible to apply for the doctoral extension scheme. If my current Tier 4 leave expires and after that I find out there is a problem with my ILR application. Can I remain in the UK and submit an application for DES? Or will changing the application type mean my continuous residence is broken. (Hopefully shouldn’t be any issues but I guess it’s just paranoia settling in).

3. I have been offered work under a fixed-term contract for 5 months. The work equals to 20 hours (or less) per week. I understand that until I hear back on my ILR application I am bound by Tier 4 visa restrictions. Am I able to accept the offer and start work on a fixed-term contract while I am waiting for a decision on my ILR application? (I will ensure the work is 20 hours max per week).

Thank you, I’m really grateful for everyone’s help. And hoping all September applicants start receiving positive decisions soon

[user5]

Hi, so sorry for the nudge

Is anyone able to help with my questions please? Any insight or opinions are really appreciated.

Thanks!

[vivienne husky]

If you've submitted LR September I'd say just wait.

How long is your revision by the way? 3 month or 6 month? You're only eligible for a certain time window to apply DES which is I think after hand in the final revision and after the examiners' feedback/approval but before you actually get the degree. Considering the current timeline of LR you might still have time to apply DES after a LR decision has been made.

[user5]

If you've submitted LR September I'd say just wait.

How long is your revision by the way? 3 month or 6 month? You're only eligible for a certain time window to apply DES which is I think after hand in the final revision and after the examiners' feedback/approval but before you actually get the degree. Considering the current timeline of LR you might still have time to apply DES after a LR decision has been made.

Thanks @vivienne husky. My corrections are 3 months. Exactly, I’m also worried about the time limit for applying for DES since it is such a narrow window.

I’m paranoid about my current visa running out and not hearing back on my application. Don’t know if section 3C while waiting for an ILR outcome allows me to continue studying as a student? My corrections are due end of Jan and my current visa runs out early jan.
I also really want to be able to accept the fixed-term job from my uni (to start after corrections are submitted) but I’m not sure if I can since I’m on a Tier 4 visa?

[vivienne husky]

If you've submitted LR September I'd say just wait.

How long is your revision by the way? 3 month or 6 month? You're only eligible for a certain time window to apply DES which is I think after hand in the final revision and after the examiners' feedback/approval but before you actually get the degree. Considering the current timeline of LR you might still have time to apply DES after a LR decision has been made.

Thanks @vivienne husky. My corrections are 3 months. Exactly, I’m also worried about the time limit for applying for DES since it is such a narrow window.

I’m paranoid about my current visa running out and not hearing back on my application. Don’t know if section 3C while waiting for an ILR outcome allows me to continue studying as a student? My corrections are due end of Jan and my current visa runs out early jan.
I also really want to be able to accept the fixed-term job from my uni (to start after corrections are submitted) but I’m not sure if I can since I’m on a Tier 4 visa?

You might want to contact your uni for that question. Different unis have different rules about that, and some unis are making changes about visa related issues because how slowly progressing things are currently. I know some unis now allow students to study with a pending HO decision as long as you provide them the proof that you've submitted an application to the HO (emails, reference number and such). But just double check with your uni to be safe.

Re work, no idea. I only started mine after DES so never had that issue.

Congratulations soon-to-be Dr. btw.

[zimba]

If you've submitted LR September I'd say just wait.

How long is your revision by the way? 3 month or 6 month? You're only eligible for a certain time window to apply DES which is I think after hand in the final revision and after the examiners' feedback/approval but before you actually get the degree. Considering the current timeline of LR you might still have time to apply DES after a LR decision has been made.

Thanks vivienne husky. My corrections are 3 months. Exactly, I’m also worried about the time limit for applying for DES since it is such a narrow window.

I’m paranoid about my current visa running out and not hearing back on my application. Don’t know if section 3C while waiting for an ILR outcome allows me to continue studying as a student? My corrections are due end of Jan and my current visa runs out early jan.
I also really want to be able to accept the fixed-term job from my uni (to start after corrections are submitted) but I’m not sure if I can since I’m on a Tier 4 visa?

Section 3C extends the visa you are on and all its conditions. So while on Section 3C, it is as if you still hold the same Tier 4 visa. All the same conditions apply. You cannot work unless the conditions of your TIer 4 allows this.

[user5]

Thank you @Vivienne Husky! And thank you for taking the time out to help and (belated) congrats on your PhD!

Zimba, that’s great to know and simplifies things. Thanks!

My current visa allows me to work for 20 hours per week. I am currently working (within that time limit) but it’s as a casual worker. Any idea whether I can accept a ‘fixed-term’ contract (still working within the limit of 20 hours) while I have section 3C?
Sorry, question is quite odd. I will be within the working time limit allowed by my current Tier 4 visa, it is just the contract type which is different. Just don’t want to end up making a mistake on a technicality

[zimba]

That is irrelevant. You are restricted by hours, not type of your contract

[user5]

That is irrelevant. You are restricted by hours, not type of your contract

Thanks Zimba! Just me being absolutely paranoid than.