Journey To Indefinite Leave To Remain in UK :

[Vamiq.khan]

Dear All,

I am living in Uk Since Jan 2003. Right after 7 years of stay as a student. I achieved another 2 years of stay on PSW visa scheme. My total stay is making up a total stay of 9 years till Jan 2012. I need another 1 year to make 10 years which is a requirement for filing ILR. My worries is linked with the way I made 10 years is valid for Home office or not. That is 7 year student + 2 Years PSW and last 1 year will be either as Tier 1 General or Student.

Can any one tell me if I am following the right track to ILR.

With Regards
Vamiq

[arsenal49]

as long as you can show that your stay in uk at ALL times were LEGAL. you should be fine. Doesnt matter which category/status were you on during 10 years of stay.

regards

[Vamiq.khan]

thnx Arsenal

[arsenal49]

there is loads of info available here so make sure you use this info when submitting evidence for your application along with guidance notes available from ukba.

regards

[Tippy]

@ arsenal49- isn't it the case that the 2 years PSW doesn't count towards anything though?

i've been under the impression that if i do apply for indefinite leave to remain, these two years under PSW would not count...

[arsenal49]

one of the requirement for ilr is 10 year lawful stay in uk. psw is perfectly legal way to stay in country.

psw on its own doesnt count towards years spent for permanent residency requirements but you can combine student plus any other visa showing you had a leave to remain in country for last 10 years and you will be given ilr provided you meet other requirements as well.

there is another post somewhere on this forum which was commented on by senior members of forum. you might wanna search for that thread to know more about it.

regards

[Tippy]

one of the requirement for ilr is 10 year lawful stay in uk. psw is perfectly legal way to stay in country.

psw on its own doesnt count towards years spent for permanent residency requirements but you can combine student plus any other visa showing you had a leave to remain in country for last 10 years and you will be given ilr provided you meet other requirements as well.

there is another post somewhere on this forum which was commented on by senior members of forum. you might wanna search for that thread to know more about it.

regards

cheers, you a gooner?

[arsenal49]

why? did my name give away my secret!

[newperson]

Just so you know, the ten-year route to ILR might not be around in two years. The paths to ILR may become limited to 5 years on Tier 1/2, 2 years as a spouse, or asylum.

In case this does happen, it might make sense to have a Plan B. Two years can see a lot of immigration policy changes, and this move to the three routes listed above as being the only routes to probationary citizenship (which will replace ILR in summer 2011, by the way) was not so subtly hinted at in previous government consultations.

So plan accordingly...

[Vamiq.khan]

New Person

Kindly provide me any evidence which says that with in 2 years ILR 2 years rule will not exist.

[newperson]

I didn't say that there have been any explicit government statements that the ten-year route to ILR/probationary citizenship won't exist. However the worrying thing from your point of view is that in all the new government plans, they make it very clear that there will only be three routes to permanent residence/citizenship: Tier 1/2, family or asylum. The 10-year path never comes up. There have been specific official statements that UK Ancestry will continue, which is outside these paths. But no similar, unambiguous statements have offered any assurances to potential 10-year applicants.

ILR will no longer be issued from July 2011. The next step for all applicants will be probationary citizenship. Individuals who hold ILR before July 2011 will retain it and will be able to apply for citizenship under current rules until July 2013. Everyone else must follow the new rules outlined in the links below.

http://www.ukba.homeoffice.gov.uk/manag ... l-it-work/

http://www.ukba.homeoffice.gov.uk/manag ... tizenship/

And see page 14 of this document (No mention of 10/14-year routes):

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

With that in mind, all I'm saying is that everyone who thinks they might want to do the ten years, might consider switching now to a Tier 1/2 or family path. At least they offer a clear and documented path to a longer future in this country. The 10-year path is quite unclear and may disappoint a large number of people who thought it would always be there for them.