Student in UK for 10 years

Dude · Post by **Dude** » Tue Jun 22, 2004 3:15 pm

Hi i started my education in UK as an overseas student in Nov1994. I have since successfully achieved one HND,one Honrs Degree, a Masters in IT and currently in the process of starting a PHD. I have always maintained a student status.
After going through other post i see myself with two options--

Apply for ILR on the basis of 10 yrs in UK or

I also have an option to get married to my Girl-friend (who is a student, works part-time )who has an ILR on the basis of her fathers Asylum. How can i show that she will be able to support me when she is a student? I am very much capable of getting a well paid job myself. BUt will that matter?

Which option is faster and more secure?

How long does the application for ILR will take? and do i need to remain as a student while they r processing it or can i stop studying once my 10 years are over and can apply for ILR?

Is there anything else i should look out for?[/list]

tvt · Post by **tvt** » Tue Jun 22, 2004 3:35 pm

The 10 year residence route will be quicker as with the other route you will only get the ILR after two years. In addition there will be no need to marry.

Dude · Post by **Dude** » Tue Jun 22, 2004 5:12 pm

Other clever People please help and please provide me guidence on my other queries !!

Kayalami · Post by **Kayalami** » Tue Jun 22, 2004 6:29 pm

dude wrote: Which option is faster and more secure?

Tnavon has already told you the 10 year route is faster - you are eligible to apply in Nov 2004. ILR through marriage route is no earlier than two years from the date of the marriage - assuming that was today you do the math

.

dude wrote:How long does the application for ILR will take?

Long residence applications are not straightforward because they require additional scrutiny of your immigration records over a longer period. They must be posted in. Postal application to the Home Office take between 3-13 weeks to process unless they are complex in which case you are looking at up to a year.

dude wrote:and do i need to remain as a student while they are processing it or can i stop studying once my 10 years are over and can apply for ILR?

You retain the conditions attached to your current visa until the application is decided i.e. keep studying or else you will be in breach of the immigration rules

Is there anything else i should look out for?

Your application should be made on or after the 10 year anniversary of your 1st entry into the UK i.e. do not apply 'up to 4 weeks early' as quoted in the Set O application form. If you do so you will not have completed the 10 years and a refusal would not attract a right of appeal because your application would be 'otherwise than in accordance with the immigration rules' - I have seen many people get caught out by this.

Good luck

Kantaloobi · Post by **Kantaloobi** » Tue Jun 22, 2004 11:52 pm

I have been through the process (10 yr student) and what Kay said is spot on. The process for me took 11 months, but since the HO started charging astronomical fees, I heard things got quicker. Each case is judge on its merits, so no one will give u a defenate answer on how long it will take.
good luck

Dude · Post by **Dude** » Wed Jun 23, 2004 1:30 am

Thanks for your reply, as u said it took u 11 months... did u carry on studying all this time? Is there anything u can perhaps guide me to be carefull of or perhaps just share ur whole experience.
I will really appreciate that....
Coz as u will know,it is expensive and i am running low on money and i dont really want to carry on with the PHD whiich is going to cost me 12,500PA and is meant to start in sept04(2 month beforemy anneversary).
How about Inland revenue? does HO check thoroughly with Inland revenue ppl to find out exactly how many hrs i have been doing and all that?
What documents do i need to have....
Sorry for whole pile of questions. But thanks again u guys have been a remarkable resource for guidance.

Dude · Post by **Dude** » Wed Jun 23, 2004 1:30 am

Dear Kantaloobi and Kayalami... You guys are genious !!!

Kantaloobi · Post by **Kantaloobi** » Wed Jun 23, 2004 1:18 pm

Hi Dude
Some of the question I might not be able to answer as I was not put in the situation myself. When I applied I was in my second year of PhD myself, and I carried on as an overseas student. I was lucky to have the money and I managed to get some help from my department.
You have to know that even if you get your ILR, you will not become home student. U only become home student if you live in the UK with ur ILR for three years. My advice to you is to keep doing your PhD and pay the fees on termly basis, because if you don't you might ruin the chances you have. If you paid for the last 10 years, one more year will not hurt (sorry easier said than done).
I applied through a solicitor, which was a waste of £750. If you follow the application form and supply all the papers needed, then there is no difference whether u use a lawer or do it yourself as long as you keep track of all the papers by making copies.
As I said it took 11 months for me but i heard of people that got it within 2 months. It depends on many factors, and how honest your application is. Not having any gaps in your visas on the passports and having some money in the bank to show that you will not start claiming benefit from the day u get your ILR will help u alot. having a job and owning a house or any thing that ties you with this country also helps and these are the sort of evidence that you have to submit with your application.

Good luck

P.S. me no genious but Kay is!!!

mwaitojofu · Post by **mwaitojofu** » Wed Jun 23, 2004 4:12 pm

Kantaloobi,

You have to know that even if you get your ILR, you will not become home student. U only become home student if you live in the UK with ur ILR for three years

I don't think the above statement is right. I think the requirements are:

1. At least three years residence
2. Having ILR

bambu

Kayalami · Post by **Kayalami** » Wed Jun 23, 2004 5:45 pm

Kantaloobi is correct in his/ her comments regarding the fee payment - however I am no genius

.

Fee payments are determined in accordance with the Education (Fees and Awards) Regulations 1997. Its a rather lengthy document but the short thrift of it is you will pay overseas fees unless you:

1. Have a relevant connection to the UK.

2. Are an excepted student under the regulations.

Relevant connection to the UK:

(a) must have been settled in the UK throughout the three-year period preceding 1 September, 1 January or 1 April closest to the beginning of the first term of the relevant course; and

(b) have not been resident in the UK, during any part of the three-year period, wholly or mainly for the purpose of receiving full-time education.

(c) where settled is as defined by the Immigration Acts i.e. having no time limit on your stay in the UK so as a minimum you must have ILR.

excepted students include:

1. EU nationals

2. refugees/ asylum seekers

3. those on designated educational exchange programmes etc.

While there is no leeway on the ILR issue educational institutions have some remit in the 'not have been in the UK for study purposes for 3 years' - Dude needs to discuss paying home fees once he/she has obtained ILR. You can also seek an employer to sponsor you for a WP so that you can have an income during the ILR processing period - until then you gotta stay in school. You do not have to necessary do an expensive PhD - there should be cheaper courses out there you could consider. Out of interest when does your student visa expire?

Kantaloobi · Post by **Kantaloobi** » Wed Jun 23, 2004 5:56 pm

Its HIS Kay.

Bambu, the 3 years residence has to be in any catagory other than student, which is the same as what Kay said in so many words

Dude · Post by **Dude** » Wed Jun 23, 2004 10:29 pm

Well, as with Kantaloobi experience and suggested i intend to pay my PHD fees termly and i am planning to drop my PHD once i get an ILR and then perhaps a full time job .I presume i can work once i get an ILR and guess i will apply for Naturalisation after 1year. Am i on the right track?

Kayalami says ---

Out of interest when does your student visa expire?

I just got a 4.5 years student visa till end of '08. The resaon i didnt want to take any other cheaper course (presumely lower level)was coz at the time of ILR application the HO might query me why i am doing a lower course say HND(cheaper) since i have already got a Masters? BUt i will appreciate if anyonce can suggest me a course which is cheaper but yet accepted to HO.
How about Inland revenue? does HO check thoroughly with Inland revenue ppl to find out exactly how many hrs i have been doing and all that? My worry is at times the agency i have worked for is taxed me on my normal NINO and sometime on my Temporory NINO(TN-DOB).
Do i have to keep the account of last 10years of all the part time and full time i have worked and will it matter that at times i have done some extra hours . CAn they trace it?

tvt · Post by **tvt** » Thu Jun 24, 2004 10:33 am

Dude,

The HO can apply to get any information at any time. However, it only does so when serious offences are alleged.

The HO usually checks your tax status only when you apply for naturalisation.

Dude · Post by **Dude** » Mon Jun 28, 2004 11:31 am

Thanks to tnavon, kantaloobi, kayalami and mwaitojofu for ur comments and guidance. It has been a great help and just as a complement to u guys many well established solicitors were unable to answers the queries which u guys answered smoothly

Thanks agian

CAn any one tell me what forms i need to fill to apply for ILR for students here for 10 years?Cheers

Kayalami · Post by **Kayalami** » Mon Jun 28, 2004 11:46 am

Kayalami wrote:Your application should be made on or after the 10 year anniversary of your 1st entry into the UK i.e. do not apply 'up to 4 weeks early' as quoted in the SET O application form. If you do so you will not have completed the 10 years and a refusal would not attract a right of appeal because your application would be 'otherwise than in accordance with the immigration rules' - I have seen many people get caught out by this.

As per my 1st post - hope you read the rest of the advise/posts in detail

.

Dude · Post by **Dude** » Tue Jun 29, 2004 3:57 pm

sorry Kayalami, my question was what form i need to filll to apply for ILR. I have thoroughly read your comments for not applying four weeks before.
thank you

Kayalami · Post by **Kayalami** » Tue Jun 29, 2004 4:21 pm

Form SET(O)

perish · Post by **perish** » Mon Jul 05, 2004 8:23 pm

Reading the thread from Mr Dude, I found myself in somewhat a similar position. I have also maintained a student status in the UK for nine years. However, I went on to an university exchange programme between Aug 2001 and Aug 2002. I wonder if that would effect my application of the ILR?

Also, I'll be finishing my master in Oct. Would it be a wise idea to apply for a WP now?

Many Thanks to you all

rish

Kantaloobi · Post by **Kantaloobi** » Mon Jul 05, 2004 10:59 pm

Hi Perish
you have a very good case because when you left for that year you had the intention to come back and you will not be qualified as 'Disembarked'. If every thing else is alright with your application, I don't think that this will be a reason to refuse your application. Again, no one can guarantee the ILR. The guidelines say not left the UK for more than 6 months, but exceptions are made with the right reasons and I think you do have a good reason. With regards to WP, cant help you there I'm afraid.

perish · Post by **perish** » Tue Jul 06, 2004 12:14 am

Kantaloobi wrote:Hi Perish
you have a very good case because when you left for that year you had the intention to come back and you will not be qualified as 'Disembarked'. If every thing else is alright with your application, I don't think that this will be a reason to refuse your application. Again, no one can guarantee the ILR. The guidelines say not left the UK for more than 6 months, but exceptions are made with the right reasons and I think you do have a good reason. With regards to WP, cant help you there I'm afraid.

Thx a lot, Kantaloobi. Appriciated it.

Just a bit of extra detail here;
I wasn't having much of a problem when I was coming back in.
When i came back to the country on the 26th Sep 2002, the custom officier asked me for the reason of absence. I showed her the transcript from the university in the States and explained the circumstances to her. She was writing something extra on to my landing card, and that is why I was a bit worry that might effect my application.

Kayalami · Post by **Kayalami** » Tue Jul 06, 2004 8:24 am

Perish,

I am not quite sure whether you are asking about eligibility for a Work Permit or for Indefinite Leave To Remain in the UK on the basis of 10 years continuous legal stay? Please clarify - it would be useful for the latter to have details of your 1st entry into the UK and visa status in that period.

Kantaloobi · Post by **Kantaloobi** » Tue Jul 06, 2004 1:02 pm

I dont know y u r worried? She asked you a question. You answered with the proof, which she has to note down.

perish · Post by **perish** » Mon Jul 12, 2004 4:33 am

Kayalami wrote:Perish,

I am not quite sure whether you are asking about eligibility for a Work Permit or for Indefinite Leave To Remain in the UK on the basis of 10 years continuous legal stay? Please clarify - it would be useful for the latter to have details of your 1st entry into the UK and visa status in that period.

Kayalami: sorry for my late reply. i've been to the North for a while. 1st of all, let me clarify a bit more.

1995 Sep 28 - I came into this country with a student Visa. Since then 'they' have been issueing stamps on my passport.
2001 May - my grandma died, so I left the country for approx. 3 months
until 2001 August, I came back to the UK for cup of days and went off to the States (with a J1 visa) until 2002 Sep 25. So technically I believe I have 'continously' been here for 9 yrs now but theoritically I presume the HO will count my stay as a 8-year stay so far.

ok, let me try to make my questions clearer;
1. Will the HO still count my stay as a "continous stay"?
Kantaloobi's answer was a Yes.

2. If I decided to get a WP now, (and a job, certainly) how would that effect my chance on applying the ILR?
I was wondering if I decided to get a WP now, will I still be able to apply for the ILR at the same time.

3. Shall I apply the ILR on the 10th anniversery (2005) or the 11th (2006)?

4. Also a friend from Hong Kong mentioned about the UKRP (UK resident permit, I guess??) Does that make any changes on the ILR applications as well?? Shall I apply for the UKRP too??

Kantaloobi: i'm sure i was over-worrying

Once again, thx u all for giving me any advise. I really do appreciate it!!

Immigrationboards.com: Immigration, work visa and work permit discussion board

Student in UK for 10 years

Student in UK for 10 years

What about rest of my queries

Dear Kantaloobi and Kayalami... You guys are genious !!!