10 YEARS LONG TERM RESIDENCY

[shobapaireddy]

Hi

I have lived in this country for nearly 10 years. My first 5 years was on student visa nd then i married my husband and became his dependent making the other 5 years dependent on my husbands visa. My husband is on HSMP. I want to know if i can apply for 10 yrs long term residency using my 10 yrs even if i am a dependent. I looked in the home office website and it doesnt give any information about this. Kindly please help.

Thanks

[ash786]

Hi

I have lived in this country for nearly 10 years. My first 5 years was on student visa nd then i married my husband and became his dependent making the other 5 years dependent on my husbands visa. My husband is on HSMP. I want to know if i can apply for 10 yrs long term residency using my 10 yrs even if i am a dependent. I looked in the home office website and it doesnt give any information about this. Kindly please help.

Thanks

1. You wub be eligible in this category as long as u stay was legal over the period of 10 years.

[shobapaireddy]

My last 9 and half yrs has been legal without any issues.

Thank you

[[iD]]

My last 9 and half yrs has been legal without any issues.

Thank you

Then you just have to make sure you spend another 6 months legally before you can apply for ILR.

It doesn't matter what leave you have had, as long you spent 10 years legally you're good to go.

[shobapaireddy]

Hi

Thanks for the information... I hav a legal valid visa for the next 1 yr so i am sure that shouldnt be a problem. Thanks again

[khan2015]

Hi

Thanks for the information... I hav a legal valid visa for the next 1 yr so i am sure that shouldnt be a problem. Thanks again

Hi I am also in the same position like you shoba but the thing is that my 10 years are going to complete in march and i can apply in feb-12(28 days before) but as you are not aware of the next phase of Government's Immigration Policy which is due to announce within couple of months time.Every single route which leads to settlement would be discussed so probably in order to avoid settlement chances Government will do some certain and possible changes to all routes towards ILR.
My resourses has said the Government can not abolish this long residency route but they can put some certain checks like as they have already mentioned that the students who came in 2004 are still in UK even in 2010 so most probably they would add this that if someone is on student visa for more than 5 years his/her period of student wouldn't incluse in long residency because they are two solid reasons
1.they have a proof that student visas were abused in uk
2.they have maximise student's stay to 5 years in this
country
but just to tell you in advance because things can happen but i hope not later than march/april 2012.
I hope we will be safe till then but of course we have to be more realistic then living in dreams ..............
in short any changes to settlement will implement from March/ April 2012.
thanks any questions would be welcome

[ash786]

Hi

Thanks for the information... I hav a legal valid visa for the next 1 yr so i am sure that shouldnt be a problem. Thanks again

Hi I am also in the same position like you shoba but the thing is that my 10 years are going to complete in march and i can apply in feb-12(28 days before) but as you are not aware of the next phase of Government's Immigration Policy which is due to announce within couple of months time.Every single route which leads to settlement would be discussed so probably in order to avoid settlement chances Government will do some certain and possible changes to all routes towards ILR.
My resourses has said the Government can not abolish this long residency route but they can put some certain checks like as they have already mentioned that the students who came in 2004 are still in UK even in 2010 so most probably they would add this that if someone is on student visa for more than 5 years his/her period of student wouldn't incluse in long residency because they are two solid reasons
1.they have a proof that student visas were abused in uk
2.they have maximise student's stay to 5 years in this
country
but just to tell you in advance because things can happen but i hope not later than march/april 2012.
I hope we will be safe till then but of course we have to be more realistic then living in dreams ..............
in short any changes to settlement will implement from March/ April 2012.
thanks any questions would be welcome

1. The whole purpose of the long residence category is legal stay.
2. They can not bring any changes such as students are not allowed or something like that.
3. They can not bring this argument wat u suggested that "Student visas were abused" as if that was the case why u extensions were granted in the first place.
4. The whole purpose of the category is to make sure that only legal applicants apply in the UK.
5. They can bring changes such as, criminality (already in place), good character requirement, charity work etc.

Again we dont know as they might just withdraw the 10 years rule. Before they made it a policy it was a concession in the rules over many years (legal or illegal).

Again i will be very sueprised if they withdraw the rule as the amnesty organisations in the UK will put pressure on the government.

Lib Dem have already suggested a Amnesty for illegal migrants already in the UK so i am sure they will oppose this policy if happens to be changed.

Hop my detailed answer and analysis give an overview of the situation.

[khan2015]

Hi ash n all,
thanks for your reply
u might dont know me but before 1 year infact i was the only person on this universe who had told my frds that Tier 1 General is going to be finished very soon but everyone was giving such examples like you just have given me.
one thing i would like to make it clear that Government has authority to do anything possible to minimisethe rate of settlement as everyone knows that Tier 1 general was abused so that's why they decided to close that one.
the problem with labour was that they came into power after 18 years in 1997 so thats why they didnt care about immigration thats why we had mass immigration of 2.2m during that 10 years but conservative is a different sort of party u can say the real british party who always support their nation not the immigrants we can expect anything from this government.
its better to keep open our eyes rather to stay hanging around and make yourself stupid that they can't do this change.this category is just a concession they can withdraw this at any time.as long as parliament agreed no one can stop them to do this.more over when the government rises their own student fees where were the amensty international of course we were seen some protest over on tv during students protests against fees but what happened after wards nothing.
anyways my aim was to clear this point in thisforum just for everyone's record that they are going to make some changes in this category.because all we know that the sysyem were abused in previous years as we can't hide anything as it clear stated in government's statements i think everyone would rely on their statements .
i am telling you this in advance to everyone on this forum either some one wantsto listen or ignore it but its a fact that they are going to make changes in this10 years long residence category within 2/3 months time but changes will implment after march/arpil 2012.
thanks

[khan2015]

Re;ash
more over as far as lib dem is concerned they already signed an agreement on a paper in which they agreed that they will support conservative immigration policy if someone don't believe they can search on internet.recent statement from david cameron when vince cable disagreed with cameron's immigration speech on 14th april 2011 in reply cameron says that it is your policy as well bcus their leader nick clegg hassigned an agreement with conservative.
thanks
once again thiscategory is going to be changed.in that way so only few immigrants could qualify for this.
u would see within couple of months time

[shobapaireddy]

Hi ash and Khan

Thanks for your informations. As every immigrant wishes for something good to happen... i wish the same... lets hope things work out for us all. Thanks again for all the information... I guess we can keep updating ourselves through this board for any news or changes to the rules...

Regards

[Aryan2013]

My resourses has said the Government can not abolish this long residency route but they can put some certain checks like as they have already mentioned that the students who came in 2004 are still in UK even in 2010 so most probably they would add this that if someone is on student visa for more than 5 years his/her period of student wouldn't incluse in long residency because they are two solid reasons
1.they have a proof that student visas were abused in uk
2.they have maximise student's stay to 5 years in this
country

Mr. Khan, I think you are just brainwashed by the media report's and now you supporting tories because they are in power, may be earlier, you might have supported labour, because they were in power.

On one hand, you say "Government can not abolish this long residency route" but at the same time you are saying they can exclude some type of legal stay ("if someone is on student visa for more than 5 years his/her period of student wouldn't incluse in long residency").
Now, the reason's you have given to do this has already been addressed(i.e Student Stay is capped at 8 years), so I don't see any logic in excluding the student years.

Also, I am amazed at your understanding of the legal system here in UK.

[Aryan2013]

1. The whole purpose of the long residence category is legal stay.
2. They can not bring any changes such as students are not allowed or something like that.
3. They can not bring this argument wat u suggested that "Student visas were abused" as if that was the case why u extensions were granted in the first place.
4. The whole purpose of the category is to make sure that only legal applicants apply in the UK.
5. They can bring changes such as, criminality (already in place), good character requirement, charity work etc.

I agree with Ash on this, thay might bring some minor changes but I don't see any major changes in Long residency rules!

[Aryan2013]

Re;ash
more over as far as lib dem is concerned they already signed an agreement on a paper in which they agreed that they will support conservative immigration policy if someone don't believe they can search on internet.recent statement from david cameron when vince cable disagreed with cameron's immigration speech on 14th april 2011 in reply cameron says that it is your policy as well bcus their leader nick clegg hassigned an agreement with conservative.
thanks
once again thiscategory is going to be changed.in that way so only few immigrants could qualify for this.
u would see within couple of months time

Mr. Khan, just watch this space, Come May 6th 2011 and the whole political canvass will change again and this time it will change for good.

You will see Lib-Dem's asserting themselves more and more and Mr. PM will be giving them more concession's, if he wants to remain in power!!

[ash786]

Hi ash n all,
thanks for your reply
u might dont know me but before 1 year infact i was the only person on this universe who had told my frds that Tier 1 General is going to be finished very soon but everyone was giving such examples like you just have given me.
one thing i would like to make it clear that Government has authority to do anything possible to minimisethe rate of settlement as everyone knows that Tier 1 general was abused so that's why they decided to close that one.
the problem with labour was that they came into power after 18 years in 1997 so thats why they didnt care about immigration thats why we had mass immigration of 2.2m during that 10 years but conservative is a different sort of party u can say the real british party who always support their nation not the immigrants we can expect anything from this government.
its better to keep open our eyes rather to stay hanging around and make yourself stupid that they can't do this change.this category is just a concession they can withdraw this at any time.as long as parliament agreed no one can stop them to do this.more over when the government rises their own student fees where were the amensty international of course we were seen some protest over on tv during students protests against fees but what happened after wards nothing.
anyways my aim was to clear this point in thisforum just for everyone's record that they are going to make some changes in this category.because all we know that the sysyem were abused in previous years as we can't hide anything as it clear stated in government's statements i think everyone would rely on their statements .
i am telling you this in advance to everyone on this forum either some one wantsto listen or ignore it but its a fact that they are going to make changes in this10 years long residence category within 2/3 months time but changes will implment after march/arpil 2012.
thanks

1. In general, i do not disagree with you.
2. The govt. has the power to change or withdraw the rule
3. They are focusing more from temporary employment to permanent status as suggested by PM speech.
4. When he said to break the link, nobody knows 100% wat do they mean by that.
5. However, Home secretary did say all the routes to settlemnt so wud not be wrong to assume that included long residence.
6. My point is that they if they restrict the route to student what u suggested then the purpose of the route is a waste of time as all u need is 10 years long residence in any eligible category.
7. If you read the guidence on Long Residence, then you will see that most of the examples, they have mentioned is on based of student visas.
8. So if wat u suggested (5 years student issue) the it wud be big changes and not just minor.
9. Also, from now on the 10 years wud be only for the people who already are in the country and are near enough to apply for it as anybody already on Tier 4 has been restricted to spend more than 8 years in total.
10. I also know that somebody sent an e-mail to the HO under the FOI act and asked about the 10 years rule. The HO replied sying that in near future, they do not have plans to change the long residency category.

Again all we can do is to wait and see.

[Aryan2013]

10. I also know that somebody sent an e-mail to the HO under the FOI act and asked about the 10 years rule. The HO replied sying that in near future, they do not have plans to change the long residency category.

Can You tell us the exact date of the HO reply??

[ash786]

10. I also know that somebody sent an e-mail to the HO under the FOI act and asked about the 10 years rule. The HO replied sying that in near future, they do not have plans to change the long residency category.

Can You tell us the exact date of the HO reply??

1. March 2011

[Aryan2013]

10. I also know that somebody sent an e-mail to the HO under the FOI act and asked about the 10 years rule. The HO replied sying that in near future, they do not have plans to change the long residency category.

Can You tell us the exact date of the HO reply??

1. March 2011

Thanks and one more thing?
Was it before or after Student policy Statement??

[ash786]

10. I also know that somebody sent an e-mail to the HO under the FOI act and asked about the 10 years rule. The HO replied sying that in near future, they do not have plans to change the long residency category.

Can You tell us the exact date of the HO reply??

1. March 2011

Thanks and one more thing?
Was it before or after Student policy Statement??

1. The date was 15 march 2011.

[khan2015]

Can You tell us the exact date of the HO reply??

1. March 2011

Thanks and one more thing?
Was it before or after Student policy Statement??

1. The date was 15 march 2011.

Hi All,
Thanks for opposing me all of you guys, but fact is fact .According to FOI act the home office can only tell you regarding any figures you need i mean if you want to know how many migrants apply for student visas in 2006 and etc they can'y disclose their policies except home secretary's speech or in some interview by only authorised person means Home Secretary/Prime Minister or any Government Official the Home office can not disclose any thing related to immigration policy unless it announced before.I am pretty sure of that because in each consulatation I took part of it.so I know the how their system works so i have no any doubt about it.
As long as your point for legal stay about students is concerned so i am going to tell you that when they have to make changes that would do without seeing this (legal stay for students for 10 years) more over you should know better that students are not economic migrants(because they don't pay much tax like any one who is on Tier1 G/Tier 2/eea dependent) so that's they make this current system very tough for students I hope every one can understand this point.
Now the current system in which they have seen the abuse of T1 General they already close that one the people who needs to extend their current LTR on Tier 1 general on extension they have to show they are in Highly Skilled Employment(not any self employed/business) so if they close T1 General they can do anything they want either its a minor or a major.
My friends I am always a neutral person i dont have any interest in politics but we always see the truth conservative came into power in may2009 in under 2 years they made so much changes that we never can think about it.why we cant see the future in real manner why we always keep close our eyes without seeing what will happen in future.
My purpose is to elaborate this forum in this way where we can see yes these things can happen n WILL HAPPEN(Guaranteed).
once again the thing is that THEY ARE GOING TO MAKE SOME/SUCH CHANGES IN THIS RULE SO ONLY FEW LUCKIEST PEOPLE WILL QUALIFY FOR ILR UNDER THIS CATEGORY.IF SOMEONE WANTS TO HAVE BET I AM READY FOR IT IF SOMEONE WANTS TO HAVE ANY GUARANTEE I CAN GIVE SURETY OF THIS THING.
IF YOU THINK SOME ENQUIRE ABOUT ILR FROM FOI PLEASE POST THIS LETTER TO THIS FORUM SO ANYONE CAN SEE THAT.BUT THIS A FACT THE HOME OFFICE CAN NOT DISCLOSE ANY POLICY BEFORE IT ANNOUNCED SO THIS IS MY PERSONAL EXPERIENCE AND I HAVE A HUGE EXPERIENCE ABOUT THESE AUTHORIZES .
so its not the way if i am saying such things it means i am already assured of this upcoming law within couple of months time.
RE:ash n aryan
we should look forward with open eyes n shouldn't close our eyes
as conservative in just under 2 years they make the lives so hard what they are planning to do in 5 years you even can not think about it like now.
thanks for everyone ''one more thing any changes in settlement will apply after march/april2012''

[[iD]]

People who needs to extend their current LTR on Tier 1 general on extension they have to show they are in Highly Skilled Employment(not any self employed/business)

I actually thought you knew something before I read the above lines from you. Enough said!

[ash786]

1. March 2011

Thanks and one more thing?
Was it before or after Student policy Statement??

1. The date was 15 march 2011.

Hi All,
Thanks for opposing me all of you guys, but fact is fact .According to FOI act the home office can only tell you regarding any figures you need i mean if you want to know how many migrants apply for student visas in 2006 and etc they can'y disclose their policies except home secretary's speech or in some interview by only authorised person means Home Secretary/Prime Minister or any Government Official the Home office can not disclose any thing related to immigration policy unless it announced before.I am pretty sure of that because in each consulatation I took part of it.so I know the how their system works so i have no any doubt about it.
As long as your point for legal stay about students is concerned so i am going to tell you that when they have to make changes that would do without seeing this (legal stay for students for 10 years) more over you should know better that students are not economic migrants(because they don't pay much tax like any one who is on Tier1 G/Tier 2/eea dependent) so that's they make this current system very tough for students I hope every one can understand this point.
Now the current system in which they have seen the abuse of T1 General they already close that one the people who needs to extend their current LTR on Tier 1 general on extension they have to show they are in Highly Skilled Employment(not any self employed/business) so if they close T1 General they can do anything they want either its a minor or a major.
My friends I am always a neutral person i dont have any interest in politics but we always see the truth conservative came into power in may2009 in under 2 years they made so much changes that we never can think about it.why we cant see the future in real manner why we always keep close our eyes without seeing what will happen in future.
My purpose is to elaborate this forum in this way where we can see yes these things can happen n WILL HAPPEN(Guaranteed).
once again the thing is that THEY ARE GOING TO MAKE SOME/SUCH CHANGES IN THIS RULE SO ONLY FEW LUCKIEST PEOPLE WILL QUALIFY FOR ILR UNDER THIS CATEGORY.IF SOMEONE WANTS TO HAVE BET I AM READY FOR IT IF SOMEONE WANTS TO HAVE ANY GUARANTEE I CAN GIVE SURETY OF THIS THING.
IF YOU THINK SOME ENQUIRE ABOUT ILR FROM FOI PLEASE POST THIS LETTER TO THIS FORUM SO ANYONE CAN SEE THAT.BUT THIS A FACT THE HOME OFFICE CAN NOT DISCLOSE ANY POLICY BEFORE IT ANNOUNCED SO THIS IS MY PERSONAL EXPERIENCE AND I HAVE A HUGE EXPERIENCE ABOUT THESE AUTHORIZES .
so its not the way if i am saying such things it means i am already assured of this upcoming law within couple of months time.
RE:ash n aryan
we should look forward with open eyes n shouldn't close our eyes
as conservative in just under 2 years they make the lives so hard what they are planning to do in 5 years you even can not think about it like now.
thanks for everyone ''one more thing any changes in settlement will apply after march/april2012''

1.ID, already pointed out u mistake on Highly Skilled or HSMP as under this visa u are allowed to do self employment or start a business and u will be given extensions on both routes (Emplyed/self employed).

2. U said that UKBA can not disclose any information on any policy apart from giving you the figures. Well let me prove you wrong again by posting this link and read the UKBA response to a FOI request.

http://www.whatdotheyknow.com/request/6 ... 20rule.pdf

Please do not say something you do not know about....

[geriatrix]

Note the information sought in the FOI:

Dear UK Border Agency,

This queries relates to the policy of UKBA on 10 years long
residence application.

Do you have any formal confirmation on the timetalbe of the 10
years long residence to be withdraw form immigration rules?

Yours faithfully,

Peter Leo

And the following excerpt within the response by Home Office:

Thank you for your email dated 3 March 2011, in which you requested information regarding the 10 year Long Residence provision within the Immigration Rules.

The query asks for timetable and the response considers the query as information request for provision within the immigration rules. There is no request for policy information!

Khan2015 has rightly said in his response that policy / strategy information cannot be requested under FOI. This is evident from the Home Office response to another similar request wherein the Home Office has clearly stated:

Your request does not fall under the Freedom of Information Act and has been dealt with under our standard procedures for answering immigration
queries.

Now, coming to the response to the "immigration query", as Home Office has classified it:
1. Please note the date of request - 03 Mar 2011.
2. Please note the information asked for - "timetable of the 10 year category to be withdrawn".
3. Please note the date of response - 16 Mar 2011.
4. Please observe use of - "you requested information regarding the 10 year Long Residence provision within the Immigration Rules." and "impending policy change" - in the response(s).

Taking into consideration all the 4 points above, the response only signified that there were no immediate / imminent changes to withdraw the long residence category ... and this is generally accepted because till date there has been no announcement in this regard. The category operates as it is and Home Office couldn't have responded any differently!

This said, the response is no way an indication or assertion that the government cannot / may not / will not make a policy decision in the near future to bring about changes to the long residence immigration category.

There's another more appropriately worded request on the same issue, to which Home Office is yet to respond. Though only time will tell if the response will be any different or not, personally I don't think anyone is going to get any different response.


IMHO ....

[geriatrix]

I must add that unless the government makes an announcement to declare changes (or intention thereof) to long residence immigration rules, any claims in favor or against are just speculation(s) based on individual perception(s).

[ash786]

Note the information sought in the FOI:

Dear UK Border Agency,

This queries relates to the policy of UKBA on 10 years long
residence application.

Do you have any formal confirmation on the timetalbe of the 10
years long residence to be withdraw form immigration rules?

Yours faithfully,

Peter Leo

And the following excerpt within the response by Home Office:

Thank you for your email dated 3 March 2011, in which you requested information regarding the 10 year Long Residence provision within the Immigration Rules.

The query asks for timetable and the response considers the query as information request for provision within the immigration rules. There is no request for policy information!

Khan2015 has rightly said in his response that policy / strategy information cannot be requested under FOI. This is evident from the Home Office response to another similar request wherein the Home Office has clearly stated:

Your request does not fall under the Freedom of Information Act and has been dealt with under our standard procedures for answering immigration
queries.

Now, coming to the response to the "immigration query", as Home Office has classified it:
1. Please note the date of request - 03 Mar 2011.
2. Please note the information asked for - "timetable of the 10 year category to be withdrawn".
3. Please note the date of response - 16 Mar 2011.
4. Please observe use of words - impending policy change - in the response.

Taking into consideration all the 4 points above, the response only signified that there were no immediate / imminent changes in policy to withdraw the long residence category ... and this is generally accepted because till date there has been no announcement in this regard. The category operates as it is and Home Office couldn't have responded any differently!

This said, the response is no way an indication or assertion that the government cannot / may not / will not make a policy decision in the near future to bring about changes to the long residence immigration category.

There's another more appropriately worded request on the same issue, to which Home Office is yet to respond. Though only time will tell if the response will be any different or not, personally I don't think anyone is going to get any different response.


IMHO ....

1. The point about this letter was that Mr Khan suggested that they can not disclose any information at all on the policy change.
2. Our point was to explain that if they thinking about changing any policy under the FOI act they are obliged to respond to the request.
3. If you read the whole topic you will understand in more details and not just jumping to the last thread and come up with your answer.

[Aryan2013]

Hi All,
I am pretty sure of that because in each consulatation I took part of it.so I know the how their system works so i have no any doubt about it.
As long as your point for legal stay about students is concerned so i am going to tell you that when they have to make changes that would do without seeing this (legal stay for students for 10 years) more over you should know better that students are not economic migrants(because they don't pay much tax like any one who is on Tier1 G/Tier 2/eea dependent) so that's they make this current system very tough for students I hope every one can understand this point.
Now the current system in which they have seen the abuse of T1 General they already close that one the people who needs to extend their current LTR on Tier 1 general on extension they have to show they are in Highly Skilled Employment(not any self employed/business) so if they close T1 General they can do anything they want either its a minor or a major.
My friends I am always a neutral person i dont have any interest in politics but we always see the truth conservative came into power in may2009 in under 2 years they made so much changes that we never can think about it.why we cant see the future in real manner why we always keep close our eyes without seeing what will happen in future.
My purpose is to elaborate this forum in this way where we can see yes these things can happen n WILL HAPPEN(Guaranteed).
once again the thing is that THEY ARE GOING TO MAKE SOME/SUCH CHANGES IN THIS RULE SO ONLY FEW LUCKIEST PEOPLE WILL QUALIFY FOR ILR UNDER THIS CATEGORY.IF SOMEONE WANTS TO HAVE BET I AM READY FOR IT IF SOMEONE WANTS TO HAVE ANY GUARANTEE I CAN GIVE SURETY OF THIS THING.
IF YOU THINK SOME ENQUIRE ABOUT ILR FROM FOI PLEASE POST THIS LETTER TO THIS FORUM SO ANYONE CAN SEE THAT.BUT THIS A FACT THE HOME OFFICE CAN NOT DISCLOSE ANY POLICY BEFORE IT ANNOUNCED SO THIS IS MY PERSONAL EXPERIENCE AND I HAVE A HUGE EXPERIENCE ABOUT THESE AUTHORIZES .
so its not the way if i am saying such things it means i am already assured of this upcoming law within couple of months time.
RE:ash n aryan
we should look forward with open eyes n shouldn't close our eyes
as conservative in just under 2 years they make the lives so hard what they are planning to do in 5 years you even can not think about it like now.
thanks for everyone ''one more thing any changes in settlement will apply after march/april2012''

1.ID, already pointed out u mistake on Highly Skilled or HSMP as under this visa u are allowed to do self employment or start a business and u will be given extensions on both routes (Emplyed/self employed).

2. U said that UKBA can not disclose any information on any policy apart from giving you the figures. Well let me prove you wrong again by posting this link and read the UKBA response to a FOI request.

http://www.whatdotheyknow.com/request/6 ... 20rule.pdf

Please do not say something you do not know about....

Mr. Khan, as pointed out by other's, there are some Major issue's about which you really need to update yourself!!!

I will not be pointing out your mistakes because other's have already done that(though, thay have missed the major one i.e the election year) but I will request you to see in your crystal ball and tell us few things:

1)When HO will announce the changes?
2)Likely date of implementation?
3)Will it be for new immigrants only? If not, what will be the TA for current immigrants?

It will be a good idea to provide some links to justify your crystal ball predictions!!