9 years student visa + 2 years PSW - ILR?

mauricetmk · Post by **mauricetmk** » Thu Nov 17, 2011 2:22 am

I've just read the Q&A post <a href="http://www.immigrationboards.com/viewto ... 8">here</a>, and it says "One is that ILR qualifying visa (e.g. Work Permit, Tier 1, HSMP, etc) was obtained by switching into that category from another visa whilst still in UK."

I've been living in the uk for almost 11 years now, 9 of those are on student visa, and 2 of those are on post study work visa.

Would I be eligible to apply for ILR?

I would really appreciate if anyone could give me a head up.
Thanks

P.s I'm holding a British National overseas passport if that's make a difference...

StericHindrance · Post by **StericHindrance** » Thu Nov 17, 2011 6:41 am

Yes it seems like you can apply through the 10 year long residence category. If you've been in the UK for at least 10 years and you have no gaps in your stay (i.e. all your visa extensions were applied before current leave expired) then you are eligible. I have just got my indefinite stay last week same way 6 years on student visa and 4 on work permit

please check
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

hope this helps

mauricetmk · Post by **mauricetmk** » Thu Nov 17, 2011 3:31 pm

Thanks for the quick reply, just wondering if u get it done by yourself or through a solicitor?

just wanted to get this out of the way asap...
Cheers

mauricetmk · Post by **mauricetmk** » Thu Nov 17, 2011 9:09 pm

I am trying to apply for ILR with the 10 years rule.

When i first came to the uk as a student in 2001, i was using a british national overseas passport, and no visa were required back then for us, and all i have on my old passport was entry stamps stating arrival date and a "leave to enter for/until stamp"

heres the problem, I've got a month gap during 2003 and 2004, that was when i entered the uk during 2001, i've got a clearance to stay till august 2003, but i went home during that summer and did not return till the 1st of sep, therefore I've got a month gap but otherwise prefect.

how will that affect my application? would a solicitor be able to help?

Thanks for reading...

Post by **geriatrix** » Thu Nov 17, 2011 9:28 pm

In Aug 2003, did you leave UK on or before "leave to enter until" date stamped?
Did you enter with a valid visa on 01-Sep (assuming that "Sep" here refers to Sep-2003)?

If the answer to all questions is "yes", then there is no gap in lawful residence because of this stated absence.

mauricetmk · Post by **mauricetmk** » Thu Nov 17, 2011 11:14 pm

really appreciated your reply.

i think i should clarify a little bit here, when i said aug 2003 i mean "1 aug 2003", sorry should have stated earlier.

so what i am saying here is the period between 1 aug to 31 aug.

or does it not matter? sorry im just a little bit confused

Post by **geriatrix** » Thu Nov 17, 2011 11:46 pm

What were the dates mentioned under "leave to enter for / until"? If a definite date was not mentioned but only a period (e.g. - 6 months) then what was the period stated and on what date was this stamp put on your passport?

mauricetmk · Post by **mauricetmk** » Fri Nov 18, 2011 2:04 am

Hi,

on the stamp it stated 1st aug 2003, and i was away till 1st september 2003, which is the next stamp, and therefore have a month gap.

sorry for the confusion

Post by **geriatrix** » Fri Nov 18, 2011 2:30 am

sushdmehta wrote:In Aug 2003, did you leave UK on or before "leave to enter until" date stamped?
Did you enter with a valid visa on 01-Sep (assuming that "Sep" here refers to Sep-2003)?

If the answer to all questions is "yes", then there is no gap in lawful residence because of this stated absence.

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9 years student visa + 2 years PSW - ILR?

9 years student visa + 2 years PSW - ILR?

Long Residence