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Student Visa - Naturalisation worries. Help!

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nikshala
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Posts: 4
Joined: Wed Feb 21, 2007 2:29 am

Student Visa - Naturalisation worries. Help!

Post by nikshala » Wed Feb 21, 2007 3:10 am

What I have written below is quite long, but I would really appreciate your help.

I first came to UK when I was 15 years old with my family on an Humanitarian programme from Kosovo in 1999. After I was accepted in University to do an architecture course I went back to Kosvo and came back with a STudent Visa to finish my undergradute course until 2004.

To become an architect in UK you have to do 5 years of studying and 2 years of work experience. Most people do a year of work experience between third and fourth year.

In 2004 I got my Bachelor degree and decided to countinue straight to Masters and then do two years of experience after my Masters. So I applied for and extesion of my student visa. The letter from university clearly stated that I will first complete my Masters course until 2005 and then I would have to do 2 years of work experience to get my professional qualification and become a qualified architect at the earliest late 2007.

The immigration officer extended my STUDENT Visa for another three years until 2007, enough for me to finish my Masters and do two years of work experience.


After i finished my Masters I got a work placement in October 2005 and applied for a national insurance number which i received in December same year.

In January 2006 my family who had remained here since 1999 received their ILR under the Family Concession Amnesty excersice. Since I was a dependent and under eighteen in 2000 and was a continous resident, I also applied under the amnesty as dependent in 2005 with my family, and I received my ILR at the same time as my family (jan 2006). My lawyer advised me to apply for the amnesty since i fulfilled all the requirements.

in February 2007 I applied for naturalisation, after 1 year with ILR and a resident in UK for at least 6 year before that.


After reading in this forum and doing more research, I am worried that the immigration officer who extended my Visa in 2004 to do my masters and 2 years of work experince, made a mistake, or was lenient or maybe i am just being paranoid.....! The rules seem to state that you can only work on a 'sandwich' course with a student Visa and after you finish the course you have to apply for a Work Experience Training permit .

Did I breach the immigration rules when I started my work experience in 2005? even though the letter from university clearly stated that I was intending to work after my Masters for 2 years to complete my profssional qualifiactions, hence the reason why my student visa was extended for 3 years and not 1 year. Plus when I applied for NI number, I showed them my letter from uni and passport with Student Visa, and they gave me one to work!

Could my Naturalisation we refused cause of this? Even though i have not lied and if there was a mistake made (if my student visa should have been extenden only for 1 year for my masters and not work experience) it was the immigration office that made this mistake.

Should I do anything about it now, or just wait the outcome of my application?

try-one
Member of Standing
Posts: 427
Joined: Fri Sep 24, 2004 1:57 pm
Location: London

Some feedback

Post by try-one » Wed Feb 21, 2007 2:30 pm

Hi Nikshala,
I'm sure a more authoritative response will follow from the professionals, however I have some feedback I wanted to provide:

- Each area of the government works independently; for example the National Insurance number is independent from your immigration status. Having a NI doesn't mean that they checked your entitlement to work.
- Student visas allow you to work part time (20 hours a week approx); any work above that is not approved and it would be in brach of immigration rules (to the best of my knowledge).
- After you finished the masters your student visa is no longer applicable; you should have changed to a new visa (WP, HSMP, etc)

- I would suggest you take this to a professional; as you can see, you have done things in good faith and openly, however you may be exposed to a surprise....
thanks
T
-------------------------
Life is a journey, not a destination (S. Tyler)

nikshala
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Posts: 4
Joined: Wed Feb 21, 2007 2:29 am

Post by nikshala » Wed Feb 21, 2007 3:17 pm

T

Thanks for your reply and bothering to read all that.

I would have applied for WP or HSMP after my masters, if my Visa was not given for three years, which i though included my work experience.

My work experience does lead to a professional qualification and I do have to sit an exam arranged by university at the end of it, plus every three months i have to send log books to university to have them signed.

When I got my visa for three years, i never doubted it, since i though the immigration officer would know what he is doing. only when i started reading more recently i started getting worried. and he said to me ' your letter from uni says that your professional qualification will extend until 2007, therefore i am extending your visa for three years'.

I think i will wait and see the outcome of my naturalisation application, don't want to anything just now in case I cause trouble for myself.

If it was a Home Office mistake , and i breached the rules because i was misled and I am refused cause of that, it will be quite annoying.

nikshala
Newly Registered
Posts: 4
Joined: Wed Feb 21, 2007 2:29 am

Post by nikshala » Tue Feb 27, 2007 8:51 am

Should I wait the outcome of my application or send a letter to Home Office explaining the above?

baingan
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Posts: 1
Joined: Thu Sep 20, 2007 6:11 am

Information Required

Post by baingan » Thu Sep 20, 2007 6:20 am

Just need some information. As i came london for Pgd and did one smester and then shifted to another college as contents were same that i studied in my previous degree.

It was almost same course but with different and good contents. I started applying for job and luckly got job on the basis of my graduation Degree as the course that i was doing from college here in UK was not UK recognised they were awarding me degree of US University.Company applied for my work permit on the basis of my BSC Degree.

I need to know as i have applied on the basis of my BSC degree, that is equilent to UK Standard as verified from Naric, what thing would i need for entry clearence.

As i got work permit letter from WP Department and now i have to go back to my home country for entry clearence so if you can please help me in telling me what things i have to send with that WP letter.

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