ILR long residence

[aine23]

Hi all!

I’m currently on a Start-Up visa that was originally given for two years. Then after an year, I applied for the Covid-19 Start Up visa extension because my business started during the pandemic and another 12 months extension was given by the Home Office. I arrived in the UK in 2013 and my 10 years are going to complete in Aug 2023. Can I still apply for ILR based on 10 years lawful residence or my Covid-19 one year extension would not be considered in 10 years period?

[zimba]

Hi all!

I’m currently on a Start-Up visa that was originally given for two years. Then after an year, I applied for the Covid-19 Start Up visa extension because my business started during the pandemic and another 12 months extension was given by the Home Office. I arrived in the UK in 2013 and my 10 years are going to complete in Aug 2023. Can I still apply for ILR based on 10 years lawful residence or my Covid-19 one year extension would not be considered in 10 years period?

If you were granted ANY temporary extension (i.e. The exceptional assurance concession) you should exclude this period from the 10 years (Discussion)

[aine23]

I want to confirm if the Covid-19 start-up visa extension is also included in that? Because my extension application still followed the same process like the first Start-Up visa application. I had to show progress to my endorsement body, submitted the online application and attended the biometric appointment everything was the same. The guidelines notes doesn’t mention Covid-19 Start Up visa extension so I’m confused.

[zimba]

No. If you were given an extension under your route then it was not a temporary extension

[aine23]

Thank you very much for further clarification. I appreciate your time and response. I was stressed about the situation.

[aine23]

Dear Admins!
I was given a Doctotal Extension Scheme (DES) visa after completing my PhD for the period of 12months. My BRP states Issue Date: 20/02/2020 Valid until: 20/01/2021 and made the application for DES on 14/01/2020. I have recently seen a case where applicant ILR on 10 years long residency has been rejected saying that any leave issued less than 12months period is a short term student leave and was added in the 10 years qualifying period.
Now my concern is that the issue date of my DES visa on BRP is from 20/02/2020 till 20/01/2021 which makes it 11months period however my University CAS clearly states end date from 20/01/2020 and further to this (we are sponsoring the student for the period of 12months). Moreover, I think the Home Offices calculated the 12 months validity on the basis of course date that’s why it was valid till 20/01/2021. Do you think the Home Office will still treat it as a short-term student visa although DES was a 12months visa for all people who completed their PhD studies. Kindly guide me- thank you

[zimba]

Student visa extensions should be ok as long as it is not about the English language visa (maybe ?? Discussion)

[aine23]

Hi Zimba! I hope so and I confirm that none of my extension was to study English language but I’m scared to apply especially in a recent case where the case worker decision on the short-term student visa was solely on the basis of issue and end date.

My Doctoral Extension Scheme Tier 4 visa application was made on 14/01/2020 before the CAS course End date (20/01/2020) and a DES visa was granted from 20/02/2020-20/01/2021 which apparently makes it a 11months visa based on issue and end date. Do you think they can count DES visa as a short-term visa? Another point is that on any short-term visa work is not allowed but my DES Tier 4 visa allowed full-time work.

[zimba]

No Tier 4 visa period is excluded

[aine23]

Apologies!! I didn’t get it… kindly elaborate this for me

[zimba]

Apologies!! I didn’t get it… kindly elaborate this for me

Any period of Tier 4 visa issued (at least after 2015) will be counted for the purpose of the long residence
The rules only excluded short-term English language visas

[emwrites]

Apologies!! I didn’t get it… kindly elaborate this for me

Any period of Tier 4 visa issued (at least after 2015) will be counted for the purpose of the long residence
The rules only excluded short-term English language visas

Hi, Zimba. Can you please elaborate where the 2015 guidance is from? I have an application in with HO for Set(LR) and like many PhD students doing research, had to extend my Tier 4 to finish my degree. This was prior to 2015. I'm an international student from the US, so none of my time would pertain to Short-term Student (English Language).

[zimba]

Apologies!! I didn’t get it… kindly elaborate this for me

Any period of Tier 4 visa issued (at least after 2015) will be counted for the purpose of the long residence
The rules only excluded short-term English language visas

Hi, Zimba. Can you please elaborate where the 2015 guidance is from? I have an application in with HO for Set(LR) and like many PhD students doing research, had to extend my Tier 4 to finish my degree. This was prior to 2015. I'm an international student from the US, so none of my time would pertain to Short-term Student (English Language).

Do NOT tag your question in each topic you find.
I already covered changes in 2015 in the following link but interpretations are not quite precise though: (Discussion)

[emwrites]

Apologies!! I didn’t get it… kindly elaborate this for me

Any period of Tier 4 visa issued (at least after 2015) will be counted for the purpose of the long residence
The rules only excluded short-term English language visas

Hi, Zimba. Can you please elaborate where the 2015 guidance is from? I have an application in with HO for Set(LR) and like many PhD students doing research, had to extend my Tier 4 to finish my degree. This was prior to 2015. I'm an international student from the US, so none of my time would pertain to Short-term Student (English Language).

Do NOT tag your question in each topic you find. I already covered what changed in 2015 in the following link but interpretations are not quite precise though: (Discussion)

I apologize. Thank you for clarifying.

[aine23]

Hi emwrites did you get any response from the Home Offices regarding your ILR yet?

Thank you Zimba for clarifying it a bit further.

[aine23]

Just an update- my Set LR application has been successful. Thank you so much admins for reassuring me and explaining rules. I was so worried because of the rules change in April 2023.