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Trapped in Difficult Situation

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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studen02
Newly Registered
Posts: 3
Joined: Wed Mar 07, 2012 12:51 pm

Trapped in Difficult Situation

Post by studen02 » Wed Mar 07, 2012 1:12 pm

Firstly, thanks in advance for any valuable suggestion to my situation.

I've been a silent member of this forum since 2007 but registering it now to seek any suggestion to my situation.

- Came to UK on 27th May 2002 on student visa (visa was stamped on 20th May)
- Got few extensions and remained student till 2008
- In 2008 got married to a student and moved to her dependent (she arrived in UK 2007)
- Mrs completed her degree and her PSW stamped (in country) on 8th April 2009
- Hence I'm now dependent of T1 PSW which is due to expire on 7th/8th April 2012
- My ten years legal stay completes on 27th May (or 20th May, as I entered within 90 days and I believe visa stamp date does matter in this case)
- But there is a gap still between 8th April and 20th May, really worried about my options here.

I was thinking to apply for ILR before 8th April and expect a refusal, and as soon as refusal comes apply for ILR again as I would have completed 10 years by then... it’s purely based on the assumption that you carry the same status while your application is being considered at home office, am I safe doing so?

Any valuable suggestion will be highly appreciated.
Last edited by studen02 on Wed Mar 07, 2012 1:22 pm, edited 1 time in total.

Somudro
Member of Standing
Posts: 332
Joined: Thu May 05, 2011 10:00 am

Re: Trapped in Difficult Situation

Post by Somudro » Wed Mar 07, 2012 1:22 pm

7th/8th April 2012 - 27th May 2002 =how many years?

Is this 9 years, 10 months 10 days?


If I am right then u migth not be eligible. Please check carefully.

miyazi78
Newbie
Posts: 33
Joined: Sun Oct 09, 2011 9:37 pm

Post by miyazi78 » Wed Mar 07, 2012 1:46 pm

If this is the situation , then I prefer ur wife to apply as a phd. And wait for out come . By the time you will be qualify to apply 10 years rule . There has only one option to apply tier 4 .

Second , that's bit tricy , before your leve to remain expire , go and apply for tourist visa . Coz in 10 years rule , u can combine with tourist visa as long as u are not out of the country more than 6 years .

Thanks
Miyazi78

studen02
Newly Registered
Posts: 3
Joined: Wed Mar 07, 2012 12:51 pm

Post by studen02 » Wed Mar 07, 2012 5:41 pm

miyazi78 wrote:If this is the situation , then I prefer ur wife to apply as a phd. And wait for out come . By the time you will be qualify to apply 10 years rule . There has only one option to apply tier 4 .

Second , that's bit tricy , before your leve to remain expire , go and apply for tourist visa . Coz in 10 years rule , u can combine with tourist visa as long as u are not out of the country more than 6 years .

Thanks
Miyazi78
Sorry don't understand what and how to switch to tier 4?

Also, you mean whilst mrs phd application is under processing at home office, I should apply under 10 years qualification category? Sorry, but confused from your replies

miyazi78
Newbie
Posts: 33
Joined: Sun Oct 09, 2011 9:37 pm

Post by miyazi78 » Wed Mar 07, 2012 6:31 pm

Wel as you said mrs came in 2007 . Done her degree in here and then move in pew . If she done masters level in here , still she has a chance to do her phd in here .

Yes while your case pending in home office , you can apply for 10 years rule ,coz by the time application pending you will be fall on 3c catagory and apply when your 10 years will be build up .

Miyazi78

studen02
Newly Registered
Posts: 3
Joined: Wed Mar 07, 2012 12:51 pm

Post by studen02 » Sun Mar 11, 2012 7:40 pm

miyazi78 wrote:

Yes while your case pending in home office , you can apply for 10 years rule ,coz by the time application pending you will be fall on 3c catagory and apply when your 10 years will be build up .

Miyazi78
That's an encouraging answer... that means I can fire off one ILR application, and while it's being assessed file another application? Has anyone been successfull this way? Appreciate if someone can share his/her experience.

Also, if someone can guide me to any official documentation to support this please.

Thanks.

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