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Will Post-Study Work Visa Break continuous resid.?

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KCUK
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Joined: Mon Jun 15, 2009 3:49 pm

Will Post-Study Work Visa Break continuous resid.?

Post by KCUK » Mon Jun 15, 2009 4:03 pm

I have been studying in UK for nine years already and am graduating next month. I want to apply for the Tier 1 (Post-Study Work) visa so I will have time to find a job in UK. My question is as the title of this post:

will post-study work visa break the 10 years continuous long residence required by obtinaing the permanent residence (PR)?

If it will not, does it mean once I have found a job, I need only 1 year work permit for getting the PR?

Many thanks

lboro
Member
Posts: 117
Joined: Wed Apr 08, 2009 12:40 pm

Post by lboro » Mon Jun 15, 2009 6:59 pm

Hi KCUK

Post study work visa (or any visa indeed) won't break your continuous residence, and after 10 years of continuous legal residence you will be eligible for ILR ( Though this will depend on the implementation of a new citizenship bill due to take effect on Dec, 2010!- Subject to parliament approval)

All the best

magsi23
Member of Standing
Posts: 479
Joined: Mon May 28, 2007 11:58 pm

Post by magsi23 » Tue Jun 16, 2009 11:35 am

As Iboro said it wont break your continuous residence, however you need to make sure there are no gaps between your visa, if you do you need to make sure you have the proof that application was submited on time ie home office acknowlegement letter, receipt from post office etc.

Hope this helps
Magsi

KCUK
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Posts: 5
Joined: Mon Jun 15, 2009 3:49 pm

Post by KCUK » Tue Jun 16, 2009 5:00 pm

Thank you for the replies magsi23 and lboro!

Yes, this is what a friend told me earlier. But I am a little confused. I have found from page 8 of the "Tier 1 (Post-Study Work) of the
Points Based System - Policy Guidance" document (can be found from this web page: http://www.ukba.homeoffice.gov.uk/worki ... /applying/) that:-

"Time spent in the Tier 1 (Post-Study Work) category does not
count towards the period an individual needs to spend in the
United Kingdom before being eligible to apply for indefinite
leave to remain.

Leave in the Tier 1 (Post-Study Work) category does not lead to
settlement."


Does it mean it will NOT break the continuous residence but it does not count the 10th year, instead I will have to stay 1 more year after I have got a work permit afterward?

Thank you

magsi23
Member of Standing
Posts: 479
Joined: Mon May 28, 2007 11:58 pm

Post by magsi23 » Tue Jun 16, 2009 8:20 pm

KCUK,

No, Long residency can be on any visa as long as its full 10 year lawfull residence so you should be ok
Magsi

KCUK
Newly Registered
Posts: 5
Joined: Mon Jun 15, 2009 3:49 pm

Post by KCUK » Thu Jun 18, 2009 2:50 pm

It all sounds good! THANK YOU!!

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