10 year ilr in new PBS

[djc]

Hi ,

I know it is speculative but can anyone tell me whether the 10 year ilr shall still be there in the new PBS. Any info shall be appriciated. Cheers

[jes2jes]

Hi ,

I know it is speculative but can anyone tell me whether the 10 year ilr shall still be there in the new PBS. Any info shall be appriciated. Cheers

Mate no mention of this in the PBS. I guess you do not need points to qualify for the LRC but rather the number of years accumulated in terms of residency be it the old system or a combination of both.

I am of the opinion that the LRC is not going to change anytime soon even with the introduction of the PBS due to the fact that, it is going to take another decade for anyone to qualify if it is introduced now.

[Wanderer]

I am of the opinion that the LRC is not going to change anytime soon even with the introduction of the PBS due to the fact that, it is going to take another decade for anyone to qualify if it is introduced now.

What if they scrap it completely?

Seems to me the majority of people who are eligible are the perennial students who limp from course to course to rack up the ten years. Or am I being cynical!?

Even those that are genuine long term students maybe aren't employable assets in the immigration scheme of things? Who wants to employ someone almost thirty who's never worked?

I can see a case for those who've been students since their early teens and before, they will have spent most of their lives here.

Playing the devil's advocate here, don't flame me!

[gordon]

I hope you'll correct me if I've got this wrong, but I think the 10-year LRC was in part based on one of the EU conventions that related particularly to those with 10 years' legal residence; the UK's ratification was then broadened in practice in the HO's discretion to comprise ILR for the 10-year legals as well as ILR for the 14-year not-entirely-legals.

So I think there's a case for the 10-year LRC to remain in place, in some form, but the position of the 14-year LRC seems more tenuous (because the European convention on which it was based specified legal residence). There have been a number of recent cases cited on this board in which people have been refused entry (visitor/spousal) on the basis of overstaying alone; it doesn't seem (to me, at least) too far of a jump to imagine that the HO might now reconsider their current exercise of discretion in the 14-year LRC, perhaps being more minded to refuse on the basis of unlawful stay. But they'd be in a bit of a tight spot if they did the same with the 10-year LRC, since they're still bound to the terms of the EU convention ratified in 1969.

And as for those of us who were nearly 30 before we finally got a proper job, please don't go there. It was painful for us, too.

AG

[VictoriaS]

Seems to me the majority of people who are eligible are the perennial students who limp from course to course to rack up the ten years. Or am I being cynical!?

Even those that are genuine long term students maybe aren't employable assets in the immigration scheme of things? Who wants to employ someone almost thirty who's never worked?

Crikey! Harsh! I have plenty of clients who are academics, or doctros who have switched from student to permit free and back again, who qualify and who are certainly employable.

And besides, for someone to have been a student for 10 years they must have a lot of money!

Victoria

[jes2jes]

Seems to me the majority of people who are eligible are the perennial students who limp from course to course to rack up the ten years. Or am I being cynical!?

Even those that are genuine long term students maybe aren't employable assets in the immigration scheme of things? Who wants to employ someone almost thirty who's never worked?

Crikey! Harsh! I have plenty of clients who are academics, or doctros who have switched from student to permit free and back again, who qualify and who are certainly employable.

And besides, for someone to have been a student for 10 years they must have a lot of money!

Victoria

Nice one. Not that alone. Others have had a combination of different visas (WHM, Student, WP etc) and would not be intentional to use the LRC.

What about PhD students or Architects and other forms of trade which require postgraduate qualification after the undergrad? Most too have come here to start either secondary or primary school and as Victoria put it in another form 'have spent a lot of money doing so'. It would be nice to be rewarded for that if they want to make the UK their home.

Consider spending 10 years of your fruitful years in ones country (is a lot lot of investment of your prime years) and it is okay to have ILR based on that alone.

I believe it would not be scrapped.

[Wanderer]

Seems to me the majority of people who are eligible are the perennial students who limp from course to course to rack up the ten years. Or am I being cynical!?

Even those that are genuine long term students maybe aren't employable assets in the immigration scheme of things? Who wants to employ someone almost thirty who's never worked?

Crikey! Harsh! I have plenty of clients who are academics, or doctros who have switched from student to permit free and back again, who qualify and who are certainly employable.

And besides, for someone to have been a student for 10 years they must have a lot of money!

Victoria

I did say I was playing devils advocate!!

My good friend from when I lived in Scotland is now a Nuclear Physicist at BNFL, he didn't get a job until he was 31! He is most definitely a real brain box although perhaps not so employable given this govs dim outlook on nuclear power...

Unless I'm mistaken we do see quite a few perennial students on here don't we? I can't think of any other way of racking up ten years apart from the examples you gave.

Phew, mops brow......

[VictoriaS]

I did say I was playing devils advocate!!

Oh, I know you are...but I like a good argument on a Friday afternoon!

Seconds out, round two....



Victoria

[Wanderer]

I did say I was playing devils advocate!!

Oh, I know you are...but I like a good argument on a Friday afternoon!

Seconds out, round two....

:D

Victoria

I now have a mental picture of you as a female Gordon Ramsay! 'Victoria Sharkey's Immigration Nightmares' - I'd watch it!

"This FLR(O) form you filled in is f*kin sh*te, you know...."

Great telly!

[SYH]

I did say I was playing devils advocate!!

Oh, I know you are...but I like a good argument on a Friday afternoon!

Seconds out, round two....



Victoria

I now have a mental picture of you as a female Gordon Ramsay! 'Victoria Sharkey's Immigration Nightmares' - I'd watch it!

"This FLR(O) form you filled in is f*kin sh*te, you know...."

Great telly!

Thats a good one Wanderer, I think it has real potential.

[VictoriaS]

It would be more entertaining that 'Law TV'!!!!



Victoria

[William Blake]

Yeah, to be honest many nights when I go to sleep the demons come for me. I sometimes awake so sad for having passed ten years of my prime without a proper life, as a second or third class resident, just working and studying and paying fees. My younger years and back having gone into night shift hard labour. The speed with which I have aged and so many things on hold; not being able to start a proper life for ten years. Very depressing. And I don't have a lot of money considering my mother was murdered when I was seven years old and I never knew my father. But I thank God for health and strength and for the life I do have.

And we are still being given a hard time by BIA because I believe those caseworkers are just as cynical and think that students are setting out to rack up ten years - why don't they try this for themselves and see what its like. That's probably why they changed the internal guidance to exclude people who leave on one visa and come back on another. Clearly students to be most directly affected by this change. Thats why I continue to suffer even though my initial aim was not to reach ten years. I first learned of the ten year rule four years ago. And I hate that I could suffer more because of some caseworker's cynism. But I continue to hope.

But you see this is exactly what British immigration policy has always done through time - use you up and then discard you.

You know now that you mentioned it in fact some months ago I spoke to a lady on the public enquiry line. I asked for some information from this lady about the ten year rule and a gap which I had in the ten year and she was soo harsh to me. " No ! no you don't qualify!" "How long have you been a student in this country ?!" When I told her she became annoyed. And coming to the end of the conversation she was reluctant almost as if it was painful for her to tell me that the final decision would be down to the caseworker ie. I could still have my application considered. I asked whether she could direct me to information from the BIA's website and she said no no I don't know of anything. I said what do you mean ? She said if you want to look on website you can but I don't know anything. The woman just seemed upset, she seemed angry and yeah angry, just angry that I had spent ten years here most of it as a student and was now looking for ILR - trying to get in after ten years. But of course my determination won't be hindered by her. God willing, in a few months time I, the immigrant who travelled thousands of miles to live in the country she was born in, to pursue the opportunities she did not take up will be a doctor and she will still be answering that phone.

[SYH]

Yeah, to be honest many nights when I go to sleep the demons come for me.
And we are still being given a hard time by BIA because I believe those caseworkers are just as cynical

I can relate because until I get citizenship I dont feel settled either and it is another application and another several hundred pounds.

Until you get the ultimate permit or status, you don't feel safe do you?

[sashank]

God willing, in a few months time I, the immigrant who travelled thousands of miles to live in the country she was born in, to pursue the opportunities she did not take up will be a doctor and she will still be answering that phone.

I liked that.