Need help !! 10 years continous residence ILR

[Adazhou]

Hi Jes2jes, after reading your message about switching into student visa in-country, I searched HO web and found this interesting article. It seems that from 1st Sep this year, the following types of visa can be switched into student visa in-country:
work permit holders; those here to re-sit an examination; sabbatical officers; Fresh Talent: Working in Scotland scheme participants and those in the UK on the Science & Engineering Graduates Scheme or its successor, the International Graduate Scheme

Here's the link of that article, please let me know if I understand it right, cause that will be great if I can do it in UK.

"Explanatory memorandum to the Statement of Changes in Immigration Rules laid on 3 April 2007 (Cm7074)"
http://www.bia.homeoffice.gov.uk/lawand ... ndumcm7074

[Jeff Albright]

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.

If apply in-country, this is probably right. However, I am not aware of any references to the Immigration Rules that say that the person can only have one visa and it is illegal to have two running at the same time.

I mean in my situation, following the successful appeal on HR in the UK, the paperwork should have been issued immediately but it took almost 3 months. In the meantime I had to travel outside the UK and in order to secure a prompt hassle-free return, I obtained a WP visa from the UK Embassy because I had no document on my hands. At the passport control I showed my visa and had a chat with the IO about this and he was pretty fine with all this and just stamped my passport and let me in. The ECM issuing the visa was also aware of it. It took two more months before my DL status was issued by the HO following my return. So I ended up having both WP (in my passport) and DL on a paper. No one has sent me a letter or something that informs me that either is now void or substitutes the other. My situation is perhaps a bit unusual and having overlapping leave to remain is something that is not common but clearly not unlawful.

I think but cannot be sure that the UK Visas PROVISO system is not cross-linked with the HO CID records so the British Missions overseas cannot really get access to the HO Case Information Database records unless they make specific enquiries using the phone or interviewing an applicant. Only Warnings Index and other strategic security databases are automatically cross-examined during an application process. So my guess would be that the Embassies do not really have an automatic access to the HO files as the things stand at the moment.

[jes2jes]

I think but cannot be sure that the UK Visas PROVISO system is not cross-linked with the HO CID records so the British Missions overseas cannot really get access to the HO Case Information Database records unless they make specific enquiries using the phone or interviewing an applicant. Only Warnings Index and other strategic security databases are automatically cross-examined during an application process. So my guess would be that the Embassies do not really have an automatic access to the HO files as the things stand at the moment.

Jeff:
Nice of you to post the detail above. I must agree that your case would be an exception.

On a different note, I must say that I agree with you totally concerning the cross referencing of information between the Overseas Missions and HO. These request are made mainly by faximile to the relevant post or to the HO for further clearance. I have seen a case where the HO has to fax a foreign post about an individual for more information. Bearing in mind also that due to DPA, files cannot be held beyond a certain number of years and these records have to be destroyed (wiped out or sponged out as the HO and FM like to call it).

Something just came to mind...Is the HO allowed under the DPA to hold information indefinitely on Individuals if foreign missions do wipe out their info on locals or applicants?

[Jeff Albright]

Bearing in mind also that due to DPA, files cannot be held beyond a certain number of years and these records have to be destroyed (wiped out or sponged out as the HO and FM like to call it).

Jes, yes, it is 6 years for Embassies as I remember it from the ECO manual.

Is the HO allowed under the DPA to hold information indefinitely on Individuals if foreign missions do wipe out their info on locals or applicants?

Not too sure. Needs checking with the DPA. There is probably a limit. I think most of the companies hold personal records for 7 years in the UK. These are probably reduced for embassies due to the limited resourses available to store these records.

[jes2jes]

Not too sure. Needs checking with the DPA. There is probably a limit. I think most of the companies hold personal records for 7 years in the UK. These are probably reduced for embassies due to the limited resourses available to store these records

Jeff:

I think it is more than 7 years and I will have to check with HO DPD (Data Protection Dept). I am saying this because, I made a SAB request earlier this year and they still have information relating to Landing cards etc more than 7 years in the past.

[costa]

One of my friend got long-term student visa at first. Then, after about 1 year time, he also apply 2-year spouse year at croydon as his wife just got ILR. The PEO at Croydon did not cancel his original student visa nor referring anything about the student visa will be voided.

That is to say, when he walked out home office, he was holding dual visa at the same time and its lkely no any probelm at all when out of UK and came back again.

[olisun]

One of my friend got long-term student visa at first. Then, after about 1 year time, he also apply 2-year spouse year at croydon as his wife just got ILR. The PEO at Croydon did not cancel his original student visa nor referring anything about the student visa will be voided.

HO need not explicitly cancel the visa on the passport...

That is to say, when he walked out home office, he was holding dual visa at the same time and its lkely no any probelm at all when out of UK and came back again.

When you friend walked out of the HO his student visa was automatically superceeded by his spouse visa

[raniwza]

I am not sure if I can appeal I have been refused from right of appeal from the beginning because the excuse that HO has is that I still had my current leave to remain at the time. I have never known that you can be refused from right to appeal just because you have an active visa whilst applying for ilr?

Should I re-apply ilr again when my current student visa expired to gain right of appeal?

The only reason that i had to let my visa expired whilst i was in malaysia is because the british embassy was closed from visa extension applications (due to aftermath sept 11) and i could not get the visa renewed/extended (i was still technically still a student i had one year to finish my degree at the time - it's just that the HO has given me student visa one year short) so i had to go back to malaysia to get my letter as prove of funding and re-submit student visa extension again in 2002.

What should i do?

[vinny]

I am not sure if I can appeal I have been refused from right of appeal from the beginning because the excuse that HO has is that I still had my current leave to remain at the time. I have never known that you can be refused from right to appeal just because you have an active visa whilst applying for ilr?

See also 10 year ilr confusion