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10 years legal stay, question (if applied visa outside UK)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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xleft
- thin ice -
Posts: 94
Joined: Fri Nov 20, 2009 11:40 pm

10 years legal stay, question (if applied visa outside UK)

Post by xleft » Tue Nov 30, 2010 4:05 pm

Hi

I have a question, Thanks very much in advance for all answers.

I lived in UK for 8 years, legal stay without any problems. Now I have 2 years left until I lived for 10 years and my current visa will run out in 1.5 years time. I plan to go to study for PHD degree, in 1 year anyway, so it looks like I will qualify for ILR after I lived 10 years. However my current visa does not allow me to apply from UK for student visa (I am dependant of main visa holder - Post Study Work dependant), I need to go to my original country to apply from there because I can't switch from dependant to student visa inside UK.

My first question is: If I go to my original country before my current visa runs out, apply from there for student visa well in advance. Then I get student visa before the expiry of the current visa and return back to UK, will it treated later as 10 years legal stay or will it break my continuous legal stay because I applied from another country?

My second question: If I am refused student visa for some reason but my current visa is still not expired, will I be able to return to UK on my previous visa? Or will they automatically cancel my previous visa.

These are very important questions for me, so I would appreciate if you answer only if you are 100% sure.

Thank you very much! :)
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litu1
Junior Member
Posts: 66
Joined: Wed Nov 03, 2010 12:00 am

Re: 10 years legal stay, question (if applied visa outside U

Post by litu1 » Tue Nov 30, 2010 5:00 pm

xleft wrote:Hi

I have a question, Thanks very much in advance for all answers.

I lived in UK for 8 years, legal stay without any problems. Now I have 2 years left until I lived for 10 years and my current visa will run out in 1.5 years time. I plan to go to study for PHD degree, in 1 year anyway, so it looks like I will qualify for ILR after I lived 10 years. However my current visa does not allow me to apply from UK for student visa (I am dependant of main visa holder - Post Study Work dependant), I need to go to my original country to apply from there because I can't switch from dependant to student visa inside UK.

My first question is: If I go to my original country before my current visa runs out, apply from there for student visa well in advance. Then I get student visa before the expiry of the current visa and return back to UK, will it treated later as 10 years legal stay or will it break my continuous legal stay because I applied from another country?

My second question: If I am refused student visa for some reason but my current visa is still not expired, will I be able to return to UK on my previous visa? Or will they automatically cancel my previous visa.

These are very important questions for me, so I would appreciate if you answer only if you are 100% sure.

Thank you very much! :)
In response to your first question , if you come back to UK with new entry clearance with in 180 days then your continuous say will not be broken therefore no problem for 10 yrs long stay category.

but I'm not sure about your second query.
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xleft
- thin ice -
Posts: 94
Joined: Fri Nov 20, 2009 11:40 pm

Re: 10 years legal stay, question (if applied visa outside U

Post by xleft » Tue Nov 30, 2010 5:14 pm

litu1 wrote:
xleft wrote:Hi

I have a question, Thanks very much in advance for all answers.

I lived in UK for 8 years, legal stay without any problems. Now I have 2 years left until I lived for 10 years and my current visa will run out in 1.5 years time. I plan to go to study for PHD degree, in 1 year anyway, so it looks like I will qualify for ILR after I lived 10 years. However my current visa does not allow me to apply from UK for student visa (I am dependant of main visa holder - Post Study Work dependant), I need to go to my original country to apply from there because I can't switch from dependant to student visa inside UK.

My first question is: If I go to my original country before my current visa runs out, apply from there for student visa well in advance. Then I get student visa before the expiry of the current visa and return back to UK, will it treated later as 10 years legal stay or will it break my continuous legal stay because I applied from another country?

My second question: If I am refused student visa for some reason but my current visa is still not expired, will I be able to return to UK on my previous visa? Or will they automatically cancel my previous visa.

These are very important questions for me, so I would appreciate if you answer only if you are 100% sure.

Thank you very much! :)
In response to your first question , if you come back to UK with new entry clearance with in 180 days then your continuous say will not be broken therefore no problem for 10 yrs long stay category.

but I'm not sure about your second query.
Thank you very much :)
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