Need help !! 10 years continous residence ILR

[Adazhou]

Hi, I have a Fresh Talent: Working in Scotland Scheme visa which will be expired in Jan next year. As I'm joining a PhD course in university and will have to go back to China to apply a new student visa. I'm wondering if I go back to apply the new visa in this year (before my current visa expired), is my residence still counted as unbroken?

Does any body know it? Please help!

[sakura]

How long have you been in the UK and under what categories? When will your ILR application come?

[Adazhou]

How long have you been in the UK and under what categories? When will your ILR application come?

I came to UK in 2000 with student visa, and then switched into FW:WISS visa in 2006:
Oct 2000-Jan 2006 Student visa
Jan 2006-Jan 2008 FW:WISS visa

As I've got a offer to do a PhD course starting in Oct this year, I will have to go back to China some time in October or November to change/re-apply a student visa. it will take me three weeks to go and come back. Do you know in this case is my residence still continouse? or does the clock start again?

[sashank]

How long have you been in the UK and under what categories? When will your ILR application come?

I came to UK in 2000 with student visa, and then switched into FW:WISS visa in 2006:
Oct 2000-Jan 2006 Student visa
Jan 2006-Jan 2008 FW:WISS visa

As I've got a offer to do a PhD course starting in Oct this year, I will have to go back to China some time in October or November to change/re-apply a student visa. it will take me three weeks to go and come back. Do you know in this case is my residence still continouse? or does the clock start again?

IDI Guidence for ILR, Chapter 18, 2.1.3 Middle of third paragraph says:-
A person who leaves the UK when one period of leave expires, and comes back with a fresh grant of leave, wil not be resuming his continuous residence, but will instead be starting a new period of residence in the UK.

Therefore in my view the clock stops for 10 year rule once your current visa expires while you not being in the UK.

The best option would be, if you can, extend visa in the UK as student or any other workpermit while you go back to china that will make the residence continuous provided that other requirement such as maximum absence is not breached i.e. 6 month at any one time and 18 month in total within 10 years in question.

Senior members or moderators, please correct me if I am wrong.

Sashank

[Adazhou]

IDI Guidence for ILR, Chapter 18, 2.1.3 Middle of third paragraph says:-
A person who leaves the UK when one period of leave expires, and comes back with a fresh grant of leave, wil not be resuming his continuous residence, but will instead be starting a new period of residence in the UK.

Therefore in my view the clock stops for 10 year rule once your current visa expires while you not being in the UK.


Sashank

Hi Sashank, Thanks for your advice.
But as what I said, my current visa is valid until the beginning of next year, and I'm going to change it into Student visa in October this year (that's three month before current visa expire), and will only takes me 3 weeks in China to change it.

According to the guidance you mentioned above, I will leave UK before my current visa expired, and will also come back to UK with New student visa before my current visa expire. So it should be counted as continous residence, isn't it?

Please advise.

Thanks

[sashank]

IDI Guidence for ILR, Chapter 18, 2.1.3 Middle of third paragraph says:-
A person who leaves the UK when one period of leave expires, and comes back with a fresh grant of leave, wil not be resuming his continuous residence, but will instead be starting a new period of residence in the UK.

Therefore in my view the clock stops for 10 year rule once your current visa expires while you not being in the UK.


Sashank

Hi Sashank, Thanks for your advice.
But as what I said, my current visa is valid until the beginning of next year, and I'm going to change it into Student visa in October this year (that's three month before current visa expire), and will only takes me 3 weeks in China to change it.

According to the guidance you mentioned above, I will leave UK before my current visa expired, and will also come back to UK with New student visa before my current visa expire. So it should be counted as continous residence, isn't it?

Please advise.

Thanks

Can you not change your visa into student visa while being in the UK?

because as per guidence and my strong feeling, once you enter the uk with fresh grant, the clock stops for 10 yrs ILR but I can not say anything in your situation because your visa doesnot expire.

but senior members or moderators, please advise him appropriately

[costa]

Surely Adazhou's case will be treated as continuous when he get new visa in China before old one expire. It proves he/she maintain a tie with the uk all the time.

However, if I were Adazhou, I will change my visa to a student visa before the PhD course starts (said 1/Oct/2007). Accordingly, as a prospective student, he should be do so between July~September in the UK or in China.

Actually, I am not quite sure OP can switch his current Fresh Talent
visa back to student visa in the UK. Normally, student visa should be obtained from their countries. So why not call home office to check if it can switch in the UK.

[Adazhou]

Surely Adazhou's case will be treated as continuous when he get new visa in China before old one expire. It proves he/she maintain a tie with the uk all the time.

However, if I were Adazhou, I will change my visa to a student visa before the PhD course starts (said 1/Oct/2007). Accordingly, as a prospective student, he should be do so between July~September in the UK or in China.

Actually, I am not quite sure OP can switch his current Fresh Talent
visa back to student visa in the UK. Normally, student visa should be obtained from their countries. So why not call home office to check if it can switch in the UK.

Hi, Costa, Thanks for your message. I've phoned HO and was told that as a FW visa holder, I have to go back to my own country to change the new student visa, it can't be switched in UK. And they also said I can do this before my current visa expire.

Do you think I should change my visa before the course start? Can you tell me why's that?

Many thanks!

[Adazhou]

Hi, I have a Fresh Talent: Working in Scotland Scheme visa which will be expired in Jan next year. As I'm joining a PhD course in university and will have to go back to China to apply a new student visa. I'm wondering if I go back to apply the new visa in this year (before my current visa expired), is my residence still counted as unbroken?

Does any body know it? Please help!

up

[jes2jes]

I think you should be able to switch in-country. The reason is, I know of someone who had a student visa first two years to complete her degree. The third year she changed to dependant visa (spouse also student) and after a year (just this April) she went back onto student visa to complete her MSc. They went to the PEO and the clerks gave them the same answer as you got on the phone but they had a print out from the HO website which says that (you would have to google this on the HO site) if a person came into the country with a SV and switched to another category they can switched back to SV on condition that they have not spend more than 3 months abroad. They demanded to see a CWM for this decision and this person said it was fine.

You would have to search for this online or I would ask the person for the link. My inclination is that, you should be able to switch in-country without going back to China. Go to the PEO yourself, you would not loose any money if they tell you do not qualify to switch before going to make payment.

You are better off renewing the visa early than expiring if you go to China. Why would you like to wait till the end before renewing it? What do you do if you are refused? I guess with some months left, an appeal can be lodge successfully whiles some 'leave remains' in the UK.

Your choice mate!

[SYH]

Why can't you have two visas running concurrently?
They are for different reasons. I suspect you will have to continue working in some capacity during your program to maintain the working visa
Maybe you can call the ho for guidance?

[olisun]

Why can't you have two visas running concurrently?

Because that's how the law has been written.

[SYH]

Where does it say it?

[olisun]

Where does it say it?

So are you saying a person can hold more than 1 type of visa (UK) concurrently?

[Marco 72]

Where does it say it?

So are you saying a person can hold more than 1 type of visa (UK) concurrently?

You are wasting your time...

[SYH]

You are saying they can't and its the law.
I am saying show where it says it?

[jes2jes]

I think the current visa supercedes the previous issued visa in most categories. If you had a VV and you were issued with a ILR would you VV remain valid? I think it is in the US were you are allowed to have a visitors visa (entry clearance) when re-entering as a student from a trip abroad but not sure this is the case everywhere.

In my opinion, the moment one visa is issued, old visa ceases to function. Just my opionion but I think it is right.

[SYH]

thats pretty generous of you

[Jeff Albright]

So are you saying a person can hold more than 1 type of visa (UK) concurrently?

LTR... Yes this is correct. The law does not prohibit this.
I have got a 3 year discretionary leave following a successful in-country appeal on HR and also hold 5 years Work Permit visa, which I obtained from abroad.

[olisun]

So are you saying a person can hold more than 1 type of visa (UK) concurrently?

LTR... Yes this is correct. The law does not prohibit this.
I have got a 3 year discretionary leave following a successful in-country appeal on HR and also hold 5 years Work Permit visa, which I obtained from abroad.

And which one is active currently?

[jes2jes]

So are you saying a person can hold more than 1 type of visa (UK) concurrently?

LTR... Yes this is correct. The law does not prohibit this.
I have got a 3 year discretionary leave following a successful in-country appeal on HR and also hold 5 years Work Permit visa, which I obtained from abroad.

And which one is active currently?

I guess you can hold as many visas as you can but you are only allowed to enter the country with one type. So, you cannot be staying in the UK Jeff concurrently on two visas (LTR based on HR and also WP EC). I believe the WP EC supercedes your LTR and you were admitted on your arrival on that basis. Please clarify.

[olisun]

So are you saying a person can hold more than 1 type of visa (UK) concurrently?

LTR... Yes this is correct. The law does not prohibit this.
I have got a 3 year discretionary leave following a successful in-country appeal on HR and also hold 5 years Work Permit visa, which I obtained from abroad.

And which one is active currently?

I guess you can hold as many visas as you can but you are only allowed to enter the country with one type. So, you cannot be staying in the UK Jeff concurrently on two visas (LTR based on HR and also WP EC). I believe the WP EC supercedes your LTR and you were admitted on your arrival on that basis. Please clarify.

I just called the HO now and they said one can hold only one visa to the UK and that also the last one.

for e.g. if a person obtained a student visa for 2 yrs and during that 2 yrs he obtained a WP, the student visa gets nullified.

[jes2jes]

Did you ask them for a link to the policy document?

[olisun]

Did you ask them for a link to the policy document?

The chap was in a hurry to keep the phone down...

And I sent the same query in an email and it bounced back with no reason specified

[Adazhou]

Hi Jes2jes,
many thank for your information re your friend's case. Can you ask your friend about the link? Also when you said about no more than three month abroad, is it means less then 3 month abroad since the first day I came to UK with SV (7 years now) or since I swiched into FT visa?
Please advice.

Thanks again for that.