WHV -> WP -> Tier 1 -> Study Full Time Under Tier-1

[th]

Hi,

I had obtained my Tier-1 this Feb and together with the previous WP period (excluding WHV of course), I can apply ILR next August. I am now given a chance to take up the DPhil studentship starting this Oct. So I have the following questions:

1. Can Tier-1 primary holder study full time (provided I don't need to apply for Tier-1 extension)?
2. If so, will it affect ILR application (provided I had been financially active in the past four years)?
3. WHV+WP+Tier-1, did it count "ordinarily resident"?

Thanks.

[geriatrix]

1. Reading this and this will help.
2. The immigration rules state that the purpose of Tier 1 is:

245A. Purpose
This route is for highly skilled migrants who wish to work, or become self-employed in the UK.

3. Whether (or not) one can study on a Tier 1 visa should also answer your query regarding ILR eligibility. Also AFAIK, one must be economically active during the entire period on which an ILR application is based (excluding minor breaks), so unless you get paid during your DPhil you might be in trouble.
4. Stay under WHV can be termed as "ordinarily resident", but maybe not for claiming "residence in UK" under certain immigration categories. Stay under WP/Tier 1/HSMP is counted as being "ordinarily resident".


regards

[th]

Thanks sushdmehta. I appreciate this as it is indeed the grey area and would be more difficult for those requiring to apply for extension rather than ILR.

For the studentship, it is advertised as a job offer and they will pay all the fees plus stipend of £13,000 pa (I believe it is tax-free as well). They only asked for ordinarily resident who stayed for three years in UK but not settled clause. I understand some granting councils will ask for settled course in the understanding of Immigration Act 1971, which means someone must have ILR before they can benefit this. So I am still trying to find out from the institute if they require me to have ILR as well. So this is the first hurdle I have the jump over first.

If it goes through, applying ILR next year would be interesting as the pay of stipend (will have work commitment in the lab) is tax-free so will not have P45 or P60. However I had been strongly economically active in the first four years so not sure how HO will interpret this.

Wonder if anyone out there been in the same boat as me before.

[CoolestGuyC]

Just a side note:
From Tier 1 policy guidance notes:

107. Unearned sources of income that we will not consider as previous earnings include:
....
• sponsorship for periods of study; or
.....