Changes in 10 year rule

[John]

Stedman, indeed that is so. The form SET(O) needs to be used for that 10-year application. Do not apply more than 28 days before the completion of the 10 years.

Clearly no one should try to make a 10-year application unless they have good proof that at all times in the UK during the 10 years they were "legal".

[raniwza]

Thanks so much for advising me. Think I won't go for the inital consultation that will cost me £40 since I know now it is unlikely they (the lawyers) can help me to get a PR status yet.

I am working hard to get a job now so I can ask the employers to apply the work permit for me. (Although this is the most difficult thing I will ever have to do given the circumstances).

My question is can I get a PR status next year when my length of legal time in UK reaches 10 years September next year (2007) if I switch to work permit status now? (Since it is 5 years on work permit we need to get for PR). All these 9 years I have been considered as a student full timer (with clearance), ending up with A levels, 2 degrees (BA Hons & MSc) and one year student workplacement as part of the degree. I also was on a dependant visa 1 year when my husband was studying therefore I have worked full time. Now I am doing ACCA finishing next year when I reach the PR status eligibility. So, as far as I am concerned I have been on legal status all these years and I have my passports to prove it.

Another query is, I entered UK for my A-levels on the 7th September 1997, therefore will that mean that I can apply for the PR status on the 7th September for the day processing or does it have to be when my student visa expires next year at the end of September 2007? What if i only get clearance up to the end of August 2007 when renewing my visa this August? Will a few days matters to determine whether I will get the PR?

Last question is, a friend has informed me that there was a lawyer I can approach that will be able to get me a PR status IF I were to be on work permit and have been in UK for 7 years. He said his friend managed to get the PR through the argument that he'd be paying taxes therefore he'd get the PR because he had been in the country legally for over 7 years. Please can you clarify this for me?

Many thanks
Rani x

[jes2jes]

Rani,
First of all. I will say that I do not know about the 7 year rule. I call the home office about 3 weeks ago to ask if I can apply for the Long Residency visa for 10 yrs but have been here for 7 almost 8 years. The lady said no but I have to wait till the 10 yrs come up. I believe there are always exceptions to the rule and you can try and see.

Secondly, your count for residency counts from the day you entered this country to start your A levels. Note that, there is a maximum and minimum length of time you should have been away from this country to qualify. You would definitely not have a problem to apply under the 10 yr rule even if you change to work permit. Read the rule carefully. It is for legal status and you would be given. My brother had the same problem on student visa and switched to work permit and he has been informed he qualifies by the HO.

Lastly, there is a leeway to apply for the visa even if it expires one month before September. The HO always advises to apply one month before the expiration but I know folks who have renewed after RP has expired over a month and it had been renewed. This should not be your worry now.

Hope this helps
Jes

[raniwza]

Thanks so much for helping me to understand more! Think I can sleep better now. A bit jumpy waiting for another year and a bit to get the PR. Hope my dream will come true

[minny]

I hope what you say is true John. As I mentioned earlier in this post, I was getting worried about the 10 year rule not being valid anymore.

Thanks

Minny