ILR- 10 y residence - is stay under visitor's visa included?

[wel_home]

Hi,

I am a doctor working in NHS. I am approaching 10 years of stay in UK, in couple of months time. The first year was under visitor's visa, the rest under permit free training. I want to apply for stay for Indefinite leave to remain, under the 10 year residency rule. I do not have long breaks, and I fulfil all the other criteria.

Does the stay under visitor's visa will count towards the 10 years?

Thanks a lot for help.

Wel_home

[John]

The requirement is that all time in the UK in the (nearly) 10 years is "legal". It does not matter what category of visa was held at any particular point in time.

I say nearly 10 years because you are permitted to make a 10 year application up to 28 days before you get to the 10 year mark.

[tvt]

I am not too sure whether a stay as a tourist counts as "residence" in the UK or not.

[wel_home]

Thanks for the quick reply.

My 10 years will finish in October 06. I have sent the passport to get the visa stamped under HSMP ( for the present visa under permit free training was expiring in July 06). I assume that there will not be a problem converting HSMP visa to ILR status.

Thanks

Wel_home

[John]

TVT, para 276A(b) of the immigration rules reads :-

"lawful residence" means residence which is continuous residence pursuant to:

(i) existing leave to enter or remain; or

(ii) temporary admission within section 11 of the 1971 Act where leave to enter or remain is subsequently granted; or

(iii) an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.

[neilroy]

One year tourist visa stay???? I thought that although you are granted longer period of time for tourist upto 10 years visa but at a stretch you are allowed to stay only 6 months.

[Chess]

IMHO stay under visitors visa would not qualify for years required for 10yr ILR status

[John]

It is not helpful that the relevant IND webpage, the instructions to their staff on the matter of Long Residence, currently say :-

Click here to read

However the previous guidance was downloadable and can be read by clicking here. It is anyone's guess how the new guidance might vary from this, but I suspect that it will merely reflect the fact that previously these applications were granted as a concession, and now they are covered by the Immigration Rules.

A search of the document I have provided a link to shows it really does not mention the type of visa that might be held. It merely refers to the stay in the UK being "legal". Accordingly I see no reason why legal stay as a visitor should not be counted.

[tvt]

IMHV "Resident" means someone who has made the UK his home even if that was only for a short and temporary period (like short time students). I don't really think that a tourist can be considered as having resided in the UK. At the end of the day residence is required to satisfy the rules. In practice the HO may not be fussy and may accept that period for ILR qualification purposes.

[raniwza]

John,

As per your last request for full history of my stay under '10 years residency help', please can you evaluate the chances I may have to obtain a PR;

I am hoping to apply for the 10 year long residence status within 28 days to 7 September 2007 (I got into the immigration system/UK from 7 September 1997). My following history;

1997-1999 Student Visa A-level Sudent in Harrogate, UK

1999-2003 Student Visa BA (Hons) Business Studies (Major in Finance in Carlisle Campus, UK - Sandwich degree with 1 year student workplacement in a company in Stockton-on-Tees, UK

2003-2005 Dependant Visa (1 year on my husband and then, we tried to extend our status, his Student Visa was rejected; as a result, we were on appeal process for about 9 months, hence no stamp on passport BUT we decided that I take up his place, becoming the main visa holder after that because I was in full time education doing MSc in Business Economics anyway in Manchester during this period. We were informed during the appeal process that we were considered legally stay in the UK because of we were in an appeal process but we are not sure now if we are going to have trouble with the Home Office since we were ignored for 9 months (when applying for PR next year). During this 9 month period without a valid stamp on passport, we never left the country to avoid any immigration problems.

2005 to date ACCA full time in Manchester (Finishes in September 2007 if first time passes).But the Student Visa was finally awarded to me in July 2005 (We were asked to withdraw my husband's pending application so that my new status can take place) until End of August 2006. I however changed my tuition provider (however progressed/passed my allocated papers for the first semester and now in second semester with a different provider). I have wrote to Home Office to inform them this (email and postal). My current college is better than the last one in terms of facilities and lectures, hence the reason I moved.

Will I have problem in extending my student visa this August 2006?

What if I will only be granted a student visa until End of August 2007, can i still apply for PR because my 10 year eligibility is on 7 September 2007, i presume?

If yes, how? Do i have to send the application by post?

I am hoping to get workpermit.com to handle my case because there is a lot of going on here.

Will i be successful in getting the PR?

Will my link to my relatives (diplomat family with a PR of over 30 years) help me? And other families in London?

In terms of evidences of paperwork, do i need to contact all my schools and colleges/universities to produce a special letter for me for the Home Office or would it be enough to have A-levels/degrees certificates presented to them? It's going to be a lot of work trying to get the colleges/university to write i think.

Please help me-we are so keen to stay in the UK especially when knowing it would be a lot easier to get a good job with all of my qualifications and experience (according to recruitment agencies) but ONLY if i don't have restriction to work i.e.requiring a work permit - i have a couple of temporary experiences in line with my studies and conform to student visa rules.

HELP WILL BE HIGHLY APPRECIATED.

Thanks
Rani
P/S I have not been out of the UK more than 3 months at a time, in fact the longest i may have out of UK is 2 months

[wel_home]

Hi,

I had emailed the public enquiries office at home office and they have confirmed that the time under visitor's visa is included. This is the relevant section of the email:

"You can apply for Indefinite Leave to Remain after ten years
legal Long Residency in the United Kingdom.

Your time spent on the visitors visa will count towards the
10 year long residency."

Thanks for the help.

wel_home

[John]

wel_home, thanks for posting that. On 16.06.06 I posted para 276A(b) of the immigration rules and whilst it does not say specifically that time in the UK on a visitor visa can count (or indeed talk of any other specific type of visa) it does define "lawful residence" and clearly time in the UK on a visitor visa is within that definition.

Good confirmation wel_home. Hope your 10-year application goes well. Let us know in due course.

[mitchum]

Thanks for the replies to this post I have spent the best part of the day finding an answer for the question whether the visitor status counts towards the 10 Year period. In my case I’ve been over 10 years as a student and only the last 3 months as a visitor.

Would it be advisable to apply for an ILR on the basis of the 10 Year rule without the assistance of a solicitor? I’m asking because it seems a little ambiguous what sort of evidence you need to offer for your case to be potentially successful. For example, in the absence of a British relative, should I incorporate reference letters from a selection of acquaintances and friends?

[John]

What happened between the end of the student visa and the start of the visitor visa?

[olisun]

only the last 3 months as a visitor.

Are you in the currently in the UK on a visitor's visa?

[mitchum]

I'm currently under 'examination'.

[John]

I'm currently under 'examination'.

What does that mean? Examination for what? Do you have a visitor visa or not?

[mitchum]

I'm finishing up my studies and under examination at the moment. I have noted already my current visa status, hence the questions asked in my original post.