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ILR Eligibility-Student in uk for 1 year on tier 1

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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ladz
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ILR Eligibility-Student in uk for 1 year on tier 1

Post by ladz » Sun Jun 12, 2011 6:32 pm

Hi All,

Need some clarification on ILR:

I came to uk on work permit (2006), after 9 months converted to HSMP General visa but in between I became full time student for 1 year but on Tier 1 HsMP General visa. Now I am going to complete 5 years in UK. But I have worked on a very high salary for last 1 year.


1. can I get ILR? if I have been full time student for 1 year on HSMP general visa in UK?

2. I was a student and was therefore entitled to use council tax benefits for 6 months. So did I use public funds and Can I be refused ILR on the basis of this? and How should I support my application.

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slugmeister
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Post by slugmeister » Sun Jun 12, 2011 10:53 pm

I only know about HSMP after November 2006.

As far as I know if you were a student you should have applied for a student visa. The year that you would have spent as a student would not have counted to ILR. Then once you finished your studies you would have needed to re-apply for HSMP/Tier 1, etc. Your ILR clock would have started over from this point.

The college/university/school that you spent the year at should have checked your passport to see that you were eligible to be a student-- any reputable school would have done this.

You haven't done things the right and legal way so I wouldn't expect things to be easy / straightforward from this point.

UKBA are going to ask you for you P60's. They want to see that you've been economically active. If you're lucky they'll only want to see the last 3 years of your P60's. If you're not lucky they'll want to see the last 5 years of your P60's. Can you show you were economically active when you were a student?

If UKBA ask what you did in that year you were a student what will you say?

You might get really lucky and they may overlook that you you were a student.

Maybe one of the senior members here can offer some advice for you. Here's what I would do.

I was on HSMP in December 2006. If I had become a student in 2007 without switching to a student visa then I would wait until 2012 / 2013 to apply for ILR.

geriatrix
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Post by geriatrix » Sun Jun 12, 2011 11:08 pm

ladz wrote:I have got PSW visa which is valid till 2012 feb
:?
Life isn't fair, but you can be!

Tier1_ILR_Applicant
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Re: ILR Eligibility-Student in uk for 1 year on tier 1

Post by Tier1_ILR_Applicant » Mon Jun 13, 2011 8:53 pm

ladz wrote:Hi All,

Need some clarification on ILR:

I came to uk on work permit (2006), after 9 months converted to HSMP General visa but in between I became full time student for 1 year but on Tier 1 HsMP General visa. Now I am going to complete 5 years in UK. But I have worked on a very high salary for last 1 year.


1. can I get ILR? if I have been full time student for 1 year on HSMP general visa in UK?

2. I was a student and was therefore entitled to use council tax benefits for 6 months. So did I use public funds and Can I be refused ILR on the basis of this? and How should I support my application.
As far as i understand you did not claim any benefits. Any student whether international or home student is eligible to apply for council tax exemption. This is not considered claiming for public funds. Also just so i understand your situation better were you economically active while studying? Also what was the course you were studying towards? Did you have any issues when you applied for your extension?

Tier1_ILR_Applicant
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Posts: 52
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Re: ILR Eligibility-Student in uk for 1 year on tier 1

Post by Tier1_ILR_Applicant » Mon Jun 13, 2011 8:57 pm

Tier1_ILR_Applicant wrote:
ladz wrote:Hi All,

Need some clarification on ILR:

I came to uk on work permit (2006), after 9 months converted to HSMP General visa but in between I became full time student for 1 year but on Tier 1 HsMP General visa. Now I am going to complete 5 years in UK. But I have worked on a very high salary for last 1 year.


1. can I get ILR? if I have been full time student for 1 year on HSMP general visa in UK?

2. I was a student and was therefore entitled to use council tax benefits for 6 months. So did I use public funds and Can I be refused ILR on the basis of this? and How should I support my application.
As far as i understand you did not claim any benefits. Any student whether international or home student is eligible to apply for council tax exemption. This is not considered claiming for public funds. Also just so i understand your situation better were you economically active while studying? Also what was the course you were studying towards? Did you have any issues when you applied for your extension?
Just realised that the moderator has caught you asking two opposite questions about completely different issues :?

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