10 years but 1 month less.

prova · Post by **prova** » Sun Mar 27, 2011 12:55 pm

Hi, I need some good advise on my immigration issues .could any one please provide me some lawfully advise to resolved my problem.
I have entered UK 17 May 2003 student visa.which would expires on 17 April2011.I would renew my visa under psw and expecting 2 years more visa which probably would finish on 27 April 2013.so there is still 1 month short to fill 10 years.what should I do in this circumstances.again when should I send my application for psw as my visa expires on 17 April 2011.should I send it before last day or I could send it before 5april .if I send it 4 April el they give me new visa start from 17 April or 4april.
Please advise me with practical.advise.[/i][/b][/u]

xyz123 · Post by **xyz123** » Sun Mar 27, 2011 1:21 pm

prova wrote:Hi, I need some good advise on my immigration issues .could any one please provide me some lawfully advise to resolved my problem.
I have entered UK 17 May 2003 student visa.which would expires on 17 April2011.I would renew my visa under psw and expecting 2 years more visa which probably would finish on 27 April 2013.so there is still 1 month short to fill 10 years.what should I do in this circumstances.again when should I send my application for psw as my visa expires on 17 April 2011.should I send it before last day or I could send it before 5april .if I send it 4 April el they give me new visa start from 17 April or 4april.
Please advise me with practical.advise.[/i][/b][/u]

If you send it early then they may give you visa starting from earlier than 17 April.

How did you conclude that you will get visa finishing on 27 April? If you send it around 10 April (making sure there are absolutely no errors on the form and that payment goes through 17th) then you may get a visa lasting longer.

For ILR You can apply 28 days before 10 year ending period so that is 28 days before 17 May 2013.

prova · Post by **prova** » Sun Mar 27, 2011 2:19 pm

Hi,thanks for reply.I could wait until 14 April not sure new changes after 6 April.for psw they do not give any extra time they strictly give 2 years.otherwise I could have sent it before 5 April.I m not sure what to do really.seems all getting complicated.I could apply for indefinite before 28 days but my visa expires before 30 days.what about more 2 days.

Aryan2013 · Post by **Aryan2013** » Mon Mar 28, 2011 4:00 pm

prova wrote:Hi, I need some good advise on my immigration issues .could any one please provide me some lawfully advise to resolved my problem.
I have entered UK 17 May 2003 student visa.which would expires on 17 April2011.I would renew my visa under psw and expecting 2 years more visa which probably would finish on 27 April 2013.so there is still 1 month short to fill 10 years.what should I do in this circumstances.again when should I send my application for psw as my visa expires on 17 April 2011.should I send it before last day or I could send it before 5april .if I send it 4 April el they give me new visa start from 17 April or 4april.
Please advise me with practical.advise.[/i][/b][/u]

You should apply on 16th or 17th April, pay by cheque and delay your bio-metrics as much as you can because they will only look into your file, once you have given your bio-metrics.

Hope this works for you and do let us know, once everything is sorted out.

Thanks

xleft · Post by **xleft** » Tue Mar 29, 2011 8:23 am

Apply on 16 April, send by Special Delivery and save receipt of SD. Do not apply on 17th - too risky. You should be fine, no way they would decide so quickly.

ash786 · Post by **ash786** » Tue Mar 29, 2011 6:47 pm

prova wrote:Hi, I need some good advise on my immigration issues .could any one please provide me some lawfully advise to resolved my problem.
I have entered UK 17 May 2003 student visa.which would expires on 17 April2011.I would renew my visa under psw and expecting 2 years more visa which probably would finish on 27 April 2013.so there is still 1 month short to fill 10 years.what should I do in this circumstances.again when should I send my application for psw as my visa expires on 17 April 2011.should I send it before last day or I could send it before 5april .if I send it 4 April el they give me new visa start from 17 April or 4april.
Please advise me with practical.advise.[/i][/b][/u]

1. I think you are going too far in furure.
2. Home office has already announced that they will be bringing changes to settlement reforms this year and nobody knows what will be the future of the long residency rules.
3. Home Secretary Theresa May has already announced that she will be bringing the changes from temporary residence to permanent residence.
4. You will know about these changes later this year.
5. Also we dont know if these changes will apply to new applications only or all.

prova · Post by **prova** » Wed Mar 30, 2011 9:01 pm

Thank you all for reply shortly.I already have. Id card so I m not sure I need any more biomatric .I could delay my payment but question is if they give me visa when from they could count for two years .is it from apply date. Last visa date,or from the day they would issue it.I heard about immigration system changing for indefinite leave but only hope if could go through it.

Aryan2013 · Post by **Aryan2013** » Wed Mar 30, 2011 9:05 pm

ash786 wrote: Home office has already announced that they will be bringing changes to settlement reforms this year and nobody knows what will be the future of the long residency rules.
Home Secretary Theresa May has already announced that she will be bringing the changes from temporary residence to permanent residence.

Long residency was there as a concession long before it was made into a law and it comes from some sort of UN Convention. I don't see any reason or any argument to scrap it.

If you remember, when labour had the PC bill, they did not touch the long residency and they said on record that whenever they will introduce the PC, long residency will survive.

lboro · Post by **lboro** » Thu Mar 31, 2011 12:19 am

I think 2 yrs PSW start on the day they make decision, so just post it on 17th April and pay by cheque, so most likely they would make a decision no earler than 25th April. This will imply your PSW will run up to 25th April 2013 and this will be well within your 28 days before the anniversary of your 10 yrs in UK.

Noman Abbasi · Post by **Noman Abbasi** » Thu Mar 31, 2011 3:16 pm

I have the similar case, where my visa expires on 1st July and I came to the UK on 7th August 2003. (Althought the entry clearance was issues on 17th July 2003, I dont know if its relevant!).

I am planning to apply for PSW on 30th June and wait for the processing time. They say it normally takes 3 weeks to process an application. I might be trying my luck there. What about the rules regarding bringing in Dependants will they be applicable to the current PSW holders?

Aryan2013 · Post by **Aryan2013** » Thu Mar 31, 2011 3:52 pm

prova wrote:Thank you all for reply shortly.I already have. Id card so I m not sure I need any more biomatric .I could delay my payment but question is if they give me visa when from they could count for two years .is it from apply date. Last visa date,or from the day they would issue it.I heard about immigration system changing for indefinite leave but only hope if could go through it.

Yes, you need new BRP and your visa starts from the issue date

Aryan2013 · Post by **Aryan2013** » Thu Mar 31, 2011 3:59 pm

lboro wrote:I think 2 yrs PSW start on the day they make decision, so just post it on 17th April and pay by cheque, so most likely they would make a decision no earler than 25th April. This will imply your PSW will run up to 25th April 2013 and this will be well within your 28 days before the anniversary of your 10 yrs in UK.

I think your visa must be for 10 years, although you can apply 28 days before it expires!!

Aryan2013 · Post by **Aryan2013** » Thu Mar 31, 2011 4:02 pm

Noman Abbasi wrote:I have the similar case, where my visa expires on 1st July and I came to the UK on 7th August 2003. (Althought the entry clearance was issues on 17th July 2003, I dont know if its relevant!).

I am planning to apply for PSW on 30th June and wait for the processing time. They say it normally takes 3 weeks to process an application. I might be trying my luck there. What about the rules regarding bringing in Dependants will they be applicable to the current PSW holders?

As of now, you can bring your dependants.
No one knows, what will be the rules around July 2011.

Noman Abbasi · Post by **Noman Abbasi** » Fri Apr 01, 2011 3:03 pm

Thanks Aryan. Its just frustrating I studied accountancy, then MBA and was hoping to switch to Tier1 General but I am going to lose my degree points due to the timing difference. Now, I will have to convert to PSW- This sword of uncertainness will still be hanging on my head! I made the biggest mistake for coming to the UK in first place!
I hope the new 10 years rule is not going to impact the people like me who are already in the process. Else we will have to go to the court.

Aryan2013 · Post by **Aryan2013** » Fri Apr 01, 2011 5:59 pm

Noman Abbasi wrote:Thanks Aryan. Its just frustrating I studied accountancy, then MBA and was hoping to switch to Tier1 General but I am going to lose my degree points due to the timing difference. Now, I will have to convert to PSW- This sword of uncertainness will still be hanging on my head! I made the biggest mistake for coming to the UK in first place!
I hope the new 10 years rule is not going to impact the people like me who are already in the process. Else we will have to go to the court.

I do understand your situation but no one can say for certain, what rules will be there in 2013.
As of now, all we can do is to wait and watch!!!

We can go to court but on what basis??

Noman Abbasi · Post by **Noman Abbasi** » Sat Apr 02, 2011 10:44 am

On Humanitarian Basis- The very Britain and human rights they pride on!
This is not Saudi Arabia where your live for generations and not have the right to the land you were born in!

I think there is a legal clause in EU that if you have legally lived at some place,you are eligible for the permanent residency- Although, I need to investigate this.

Aryan2013 · Post by **Aryan2013** » Sat Apr 02, 2011 7:59 pm

Noman Abbasi wrote:On Humanitarian Basis- The very Britain and human rights they pride on!
This is not Saudi Arabia where your live for generations and not have the right to the land you were born in!

I think there is a legal clause in EU that if you have legally lived at some place,you are eligible for the permanent residency- Although, I need to investigate this.

I don't think humanitarian basis will suceed here unless you have very very strong ties with UK .i.e your family is here, you have kids(born and bred in UK for the last 10 years), basically it burns down to how strongly you are connected to UK.

UK is out of EU on immigration, so even if there is any EU law, it will not affect the outcome.

You need to think of more legal/moral arguments

xleft · Post by **xleft** » Thu Apr 07, 2011 5:18 pm

Regarding scrapping Long Residence - there are a lot of speculations here. Several years ago I met with one of Workpermit.com solicitors and I was told that it is highly unlikely any government will try to remove this rule. The reason - most developed countries have this rule because it was decided at some UN level many years ago. In order to cancel it officially, any government will need to go through painstaking process.

My own thoughts: Only 1-2% of all immigrants get ILR via this route. This is according to official statistics. Conservatives make limit on student visas specifically because they can not scrap this rule. Even if they try to do it, it is lengthy process and they will need to provide good transitional arrangements. I also have only 2 years left and this is not very nice feeling every time they announce anything new. But I don't think this government would like to be too concerned with this route at the moment. I think they may start to think about it after 2015. There are much more pressing issues at the moment, like bogus colleges, marriages, etc. First you clean big mess, otherwise, I don't think voters will appreciate that people who lived here for 10 years legally are prohibited to get permanent residence.

P.S. Even Japan has this rule and their immigrants population is 1.5%. UK's immigrant around 8.5%.

Aryan2013 · Post by **Aryan2013** » Thu Apr 07, 2011 5:43 pm

As rightly said "there are a lot of speculations here" so lets stop speculating and wait for the govt. to announce the consultation on settlement.

If you want to help your cause, stop speculating and start getting some legal/moral arguments for your cause

"Conservatives make limit on student visas specifically because they can not scrap this rule. Even if they try to do it, it is lengthy process and they will need to provide good transitional arrangements."

Where you getting all this info from?? They can scrap the rules next morning, exactly in the same manner they did for PC!!!!

nanda · Post by **nanda** » Fri Apr 08, 2011 9:37 am

I'm on the same boat as well and i too have intention to apply for psw in first week of january as my visa is valid till 30th Jan 2012, currently i'm MBA student and my expected finish date is 30th Nov 2011.

I've some questions regarding Long residency

1. Can we apply for psw if MBA result is not declared ?

2. Students who already have spend 8 years on student visa cannot apply for further leave to remain??

3. I also heard a rumor that for students who are here since 8 years and planning to go for psw to complete their 10 years, these 2 years of psw does not count for students ???

Thanks.

Aryan2013 · Post by **Aryan2013** » Fri Apr 08, 2011 3:51 pm

1) NO.

2) Where you getting that info from??

3) Don't believe in RUMOURS and try to read ONLY authentic Documents.

Post by **geriatrix** » Fri Apr 08, 2011 4:49 pm

Aryan2013 wrote:2) Where you getting that info from??

Statement of Intent

Aryan2013 · Post by **Aryan2013** » Fri Apr 08, 2011 5:02 pm

sushdmehta wrote:
Aryan2013 wrote:2) Where you getting that info from??
Statement of Intent

Yes, I've seen that and I think you can apply for FLR in other Tier's, but not in Tier4.

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

10 years but 1 month less.

10 years but 1 month less.

Re: 10 years but 1 month less.

Re: 10 years but 1 month less.

Re: 10 years but 1 month less.

Re: 10 years but 1 month less.