Changes in 10 year rule

minny · Post by **minny** » Thu Mar 30, 2006 4:20 pm

I have to come to know that the 10 year rule is no longer applicable. You have to be either on WP or HSMP for 5 years for being eligible for ILR. This is bound to affect many docs who have been on PFT for many years and nearing 10 years of legal stay.

Minny

tvt · Post by **tvt** » Thu Mar 30, 2006 4:23 pm

Big B... S...

minny · Post by **minny** » Thu Mar 30, 2006 5:03 pm

Well, thats what I hope for!! as I will be affected as well.

My friend rang up the home office and thats what he was told

Post by **John** » Thu Mar 30, 2006 5:27 pm

I have to come to know that the 10 year rule is no longer applicable.

The source is this snippet?

Post by **John** » Thu Mar 30, 2006 5:35 pm

Just checked the IND website. No mention of this "news" there.

timefactor · Post by **timefactor** » Thu Mar 30, 2006 5:39 pm

a bunch of *&%&^$%^

minny wrote: rang up the home office

minny · Post by **minny** » Thu Mar 30, 2006 5:44 pm

Dont be so upset guys. You cant prevent the inevitable

Anyway why dont you call sheffield wp office before you embark on such comments and check for yourself.

K2004 · Post by **K2004** » Thu Mar 30, 2006 6:01 pm

yeah good idea,,
whay dont you ring them???

minny · Post by **minny** » Thu Mar 30, 2006 9:10 pm

Thats bcos i believe the info i have. If you don't then i suppose its better to ring yourself to get first hand information.....very simple............ yawn

K2004 · Post by **K2004** » Thu Mar 30, 2006 11:13 pm

thanks,,,

but you are the one who should phone them as its your ILR which will be affected... not ours... we are not going to phone them for you...

good night

minny · Post by **minny** » Fri Mar 31, 2006 6:53 am

k2004
i think you have lost the plot altogether. I never asked you to phone for me. It was other members (including yourself) who were questioning the authenticity of the news. As I said, I believe what I heard.

Sometimes, its useful to read the messages in context and ponder over it for a few sec before posting reply in a hurry....... And thanks for caring about me.

Enough said!

K2004 · Post by **K2004** » Fri Mar 31, 2006 9:33 am

Hi minny,,

It was other members (including yourself) who were questioning the authenticity of the news

if you read the message in context as you said, you will never say that i have questioned the authenticity of the news, in fact if its true , it is a major major issue, this is why no body is beleiving it,and because we care about you we want you to make sure that its true so we can all think of an action to help those affected...

relax

minny · Post by **minny** » Fri Mar 31, 2006 10:39 am

Thanks K2004. No hard feelings

raniwza · Post by **raniwza** » Mon Apr 03, 2006 8:44 am

Hi there

This is my 9th year studying in the UK (Well, partly spouse/dependant visa when my husband was studying therefore was in employment and paying taxes), so 10 year rule will give me a HUGE impact - been working hard to progress throughout my stay in the UK so if this rule changes, I will be literally gutted.

I rang the home office couple of days ago, and they informed me that they are advised that there is no instruction to change this rule yet. So we are safe for a bit i think.(Praying that it won't until next September!) Life is HARSH. Are we (UK) the longest requirement to obtain permanent residency? US only requires 7 years right? Why didn't I go to US - I heard the graduate earnings are a lot higher too!

I kept trying to get a job but it's either the employers not be able to get the work permit because not meeting advertisement requirements or the recruitment agencies whom advertised the right jobs matching my skills WILL NOT help at all because the need for work permit sponsorship. LIFE is CRUEL. And here i have been spending all of my life saving to be in full time education (overseas fees!!) to be part of UK. (But also now to be a fully qualified accountant i suppose).

rani x

Post by **JAJ** » Mon Apr 03, 2006 12:05 pm

raniwza wrote: Are we (UK) the longest requirement to obtain permanent residency? US only requires 7 years right? Why didn't I go to US - I heard the graduate earnings are a lot higher too!

There is no equivalent of the "10 year rule" in the US. Nor in Canada or Australia.

raniwza · Post by **raniwza** » Mon Apr 03, 2006 12:29 pm

Hi

I am hoping to be able to settle down in UK as a permanent residence. This year will be my 9th year in the UK but I understand the rule of thumb of getting a permanent residence status is 10 years of legal status in the UK and I am still under a student visa in gaining ACCA (accounting professional qualification). My visa expires this August 2006 and I can renew it to next year when the course finishes but I cannot work under this visa.

It has been a bumpy ride for me. I have had jobs offer but the employers could not get me the work permit because of not satisfying the advertisement requirements so I am stucked with full time education. Nevertheless, I have had a dependant visa in the past therefore had worked full time at some stage. I also have been working temporarily and paid taxes whenever I could during the term breaks, to be in line with the student visa.

I am really disappointed because most of the job advertisements for graduates are advertised by recruitments agencies whom are reluctant to find me the right job because the need for work permit sponsorship. Therefore, although they have the right jobs for me that matches my skills, they refuse to forward my CV to the employers, their clients. I also have considered the right of abode because my grandparents lived in the Penang Island, Malaysia which was a British Colony but I am not sure how far this will help me because I am a commonwealth citizen (Malaysian). Bear in mind my aunties and uncles/relatives are permanent residences in London. My auntie works at the Malaysia High Commissioner (Malaysian diplomats) and my uncle in another family is a prosecutor for the British government whilst my auntie works as a director at the Malaysian Airlines System in London.

I have sent emails with above paragraphs to a few immigration lawyers but they asked for money for initial consultation and two have said they can 'assist' me. Is there any chance at all for me to get the PR status now?Or do i still need to be patient and continue my student visa status and wait until 10 years of stay next year in September? Very worried with the uncertainty with the 10 year rule.

Rani x

ppron747 · Post by **ppron747** » Mon Apr 03, 2006 1:14 pm

On the citizenship question, Rani, although many Malaysians with Penang connections have an entitlement to British Overseas citizenship, this doesn't really help from the point of view of staying in the UK - BOCs are subject to control under the Immigration Act in much the same way as non-British nationals are.

There is a provision dating back to 2003 whereby some BOCs are entitled to be registered as British citizens, BUT they can only qualify for this if they have had only British Overseas citizenship - and no other nationality or citizenship - since 4 July 2002.

tvt · Post by **tvt** » Mon Apr 03, 2006 1:20 pm

BOC having 7 years continuous residence in the UK qualify for ILR outside the rules.

Post by **JAJ** » Tue Apr 04, 2006 4:52 am

tvt wrote:BOC having 7 years continuous residence in the UK qualify for ILR outside the rules.

Can you provide a reference from the Home Office website?

raniwza · Post by **raniwza** » Tue Apr 04, 2006 7:14 am

Hi there

What do you mean by BOC after 7 years outside rules?Am i eligible?

My grandparents on my mother side were born in Penang way back before 1983 including my mom

But my father, my grandparents on my father's side and me are not born in Penang but we are born in Malaysia (commonwealth citizen)

I have the authenticated (stamped for genuine by commissioner of oaths) copies of birth certificates of my grandparents on my mother's side and my mother just in case which i asked for in the past.

I know one of my uncles have had BOC but decided to go back to malaysia for good long time ago way before i was born in 1979. But my mother had not organised any BOC certificate etc/passport because she had no intention to stay in the UK in the past. However she was living in Penang when Britain came over for the rescue during the war and stayed there. One of my aunties' married to my one of my uncles living in Penang now who is English (British blood). They met during the war i think.

Well, digging up history sure is tiring - what are my chances to get a PR status like my relatives in London and how can workpermit.com help me? Are the birth certificates enough evidences? Or probably more is required?

Thanks a lot

Rani x

tvt · Post by **tvt** » Tue Apr 04, 2006 8:46 am

The concession is in a letter from the Home Office to JCWI referred to in R v Secretary of State for the Home Department, ex p Patel [1993] Imm AR 257, QBD and 392, CA.

ppron747 · Post by **ppron747** » Tue Apr 04, 2006 12:04 pm

raniwza wrote:Hi there

What do you mean by BOC after 7 years outside rules?Am i eligible?..........
Rani x

I fear that you won't benefit from this, Rani. In order for you to be a BOC, your Penang ancestry would need to be on your father's side, and you'd need to have been born before 1 January 83. Sorry....

stedman · Post by **stedman** » Wed Apr 05, 2006 8:17 am

Well the 10 year concession had better exist as I'll be going to Croydon shortly to apply for it...

Post by **John** » Wed Apr 05, 2006 8:36 am

Stedman, the 10-year thing used to be a concession out the rules. But that is no longer the case. It is now there in black and white as part of the immigration rules, as is the 14-year provision.

stedman · Post by **stedman** » Wed Apr 05, 2006 2:24 pm

John wrote:Stedman, the 10-year thing used to be a concession out the rules. But that is no longer the case. It is now there in black and white as part of the immigration rules, as is the 14-year provision.

Cheers John - and I just checked the IND website and it also clearly states that PEOs welcome applicants for ILR based on 10 year which is great news!

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