Resident after 10 year?

[andie]

Hi All,

I have been in the UK for 7 years and this October I will apply to Tier 1 (general) and hopefully be given a 3 years work permit, my question is, after I am given those 3 years to work, would I be able to apply to become a permanent resident?

They say that if you stay in the UK for 10 years you can apply for your permanent residence, but as well I know most people get the 3 years work permit, then they extend for 2 more and then they can apply to become permament resident, which one applies to me?

Here is a break down of my journey ...
-came in July 2002 to do a compueter course
-2003 enrolled in uni
-2004 to 2007 transfered to other uni where I got undergraduate degree
-2007 to Nov 2008 IGS
-2008 to Oct 2009 extended IGS to Tier 1 (post-study)
-Oct 2009 to Oct 2012 Tier 1 (general)
Total: 10 years

It is almost certain I will get the Tier 1 (general) granted as I have all the points so if you could give me any thoughts it would be appreciated.

One more thing, after becoming a permanent resident (in my case) after how many years I would be able to become a citizen (naturalisation).

I am really just after being able to work without restrictions and be able to travel freely as at the moment I have to request visa wherever I want to go.

[vinny]

Subject to the laws applicable at the time, you may be eligible for settlement under the Long Residence rules (276A-276D) before Tier 1 (General) rules (245E).

[andie]

Vinny, thanks. I checked the site and this would be the case if I was taken care of a child who was born in here...which is not my case.

Thanks anyway.

[vinny]

Vinny, thanks. I checked the site and this would be the case if I was taken care of a child who was born in here...which is not my case.

Thanks anyway.

I think that you may have been looking at the wrong paragraphs?

[andie]

Vinny,

I have checked the pargraphs, being:

245E. Requirements for indefinite leave to remain

To qualify for indefinite leave to remain, a Tier 1 (General) Migrant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused, unless the applicant qualifies for leave to remain by virtue of paragraphs 33E to 33F of these Rules.
Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must have spent a continuous period of 5 years Lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (General) Migrant, and the rest may be made up of leave:

(i) as a Tier 1 (General) Migrant,

(ii) as a Highly Skilled Migrant,

(iii) as a Work Permit Holder,

(iv) as an Innovator,

(v) as a Self-Employed Lawyer,

(vi) as a Writer, Composer or Artist.

(c) The applicant must be economically active in the UK, in employment or self-employment or both.

(d) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33F of these Rules, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made.

question, it says the most recent period must have been under tier 1 (general 1), which in my case would mean that I first should apply for Tier 1 (general) and once I get it apply for ILR.

Now, the most recent status should be tier 1 (general) and the rest made of "(list above)" but the list doesn't mention student or Tier 1 (post study work).

It doesn't mention PSW or student visa.

Let's put as an example I apply for ILR a year after I am granted my Tier 1 (general), the last 5 years (from oldest to most recent) would be:

2 years with a student visa
1 year with IGS
1 year with Tier 1 (post study)
1 year Tier 1 (general)

These would be my last 5 years. According to the paragraphs you recommended me to read, I wouldn't be able to apply as 4 of the 5 years have been spent as student and then IGS and PSW (wich are not in the list).

Am I right or perhaps I am missing something.
VInny, if you can reply or any other one, it would be greatly appreciated.

Andie

[vinny]

The five-year qualifying period for settlement under Tier 1 (general) does not include time spent as a student or PSW holder. However, I do not see any such exclusions when applying for settlement under the Long Residence (276A-276D) category.

See also here.