ILR 10 yrs continuous lawful residence confusion

hi,

we are a bit in a pickle deciding to stay or not to stay. for us, it will be worth it to carry on these far if we can secure ILR, then again im confused whether it will be possible afterall.

my visa:
whm - march 2004 - march 2006
student (main applicant) - apr 2006 - oct 2008
psw (main applicant) - oct 2008 - oct 2010
student (dependant) - sept 2010 - jan 2014
psw (dependent) - jan 2014 - jan 2016

my husband visa:
whm - march 2004 - march 2006
student (dependant) - apr 2006 - oct 2008
psw (dependant) - oct 2008 - oct 2010
student (main applicant) - sept 2010 - jan 2014
psw (main applicant) - jan 2014 - jan 2016

can we qualify for ILR 10 yrs continuous lawful residence based on that (ie. the combination of being main applicant & dependant) or does it have to be single main applicant only for the whole lot? can anybody here shed a light whether i get this right/wrong? thanks

lin wrote:my visa:
psw (dependent) - jan 2014 - jan 2016

my husband visa:
psw (main applicant) - jan 2014 - jan 2016

Surprising to note that UKBA has issued you both PSW leave to remain two years in advance!

Assuming that you both would be successful in your application(s) for PSW leave to remain in Jan 2014 and assuming that the 10 yr. long residence immigration category would still be alive in 2014, then - yes - you will be able to apply for whatever comes into play as a result of earned citizenship laws (today's ILR) under the 10 yr. long residence category.

regards

I am not aware that you are allowed to be granted psw visas twice.

Beige wrote:I am not aware that you are allowed to be granted psw visas twice.

No one is to be, one will apply, the other as dependent, next the dependant applies, to other switches to dependent.

Bit convoluted, relies a lot on the effectiveness of ones crystal ball...

thanks all for the replies...

so does it mean that one not neccessarily have to be main applicant or dependant in order to apply for ILR? i take it as long as you legally stay in UK continuously for 10 yrs (of coz meeting other criterias), then you would be eligible right?

lin wrote:thanks all for the replies...

so does it mean that one not neccessarily have to be main applicant or dependant in order to apply for ILR? i take it as long as you legally stay in UK continuously for 10 yrs (of coz meeting other criterias), then you would be eligible right?

I would imagine switching from main to dependant would have to be done from home country, but that shouldn't matter for 10 year rules as of now.

However I would think the biggest flaw in the plan is the fact the 10 and 14 year rules will almost certainly go in whatever government we get. People want immigration cut and this is an easy one to cull.

just spoke to ukba immigration bureau at 0870 606 7766, and she confirmed that as long as you legally resided in the UK continuously for 10 years (bearing in mind meeting other criterias), then you would be eligible to apply for ILR. however, u hv to apply in your own right ie. husband & wife must apply separately.

yes, the adviser also confirmed that we have to switch from outside UK, but that will not affect 10 year rules.

wanderer - the biggest flaw for me is the EU! using pbs to control the border already put off non EU immigrants ie. to study & work, and those who are accepted simply earned it! bearing in mind, that international students paid higher tuition fees & foreign worker also added to uk wealth & taxpayer pot, so really win-win situation here dont u think?

its funny that you previously said that these case was 'convoluted, relies a lot on the effectiveness of ones crystal ball' and now said 'people want immigration cut and this is an easy one to cull'? -->> i hope u realized there are lots of hurdles & criteria to apply and to keep ILR thou

It is amazing to see how you can plan your future up to 2016. I can't believe it.
Just to add my 2 cents, as any legal stay counts, if you get to jan 2014, you can complete the two months left even with a visitor visa. Another option would be to apply for asylum, and because it is not going to be decided in two months, your legal stay is extended while you are waiting, and in march you apply for ILR.

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Pierrot95 wrote:It is amazing to see how you can plan your future up to 2016. I can't believe it.
Just to add my 2 cents, as any legal stay counts, if you get to jan 2014, you can complete the two months left even with a visitor visa. Another option would be to apply for asylum, and because it is not going to be decided in two months, your legal stay is extended while you are waiting, and in march you apply for ILR.

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I love it when people just use asylum as a last resort to stay in the uk.

Asylum should be only use by people who are genuinely look for protection not as a last resort to stay in the uk.

fail to plan ...or plan to fail --->> thats something everyone hv to think about isn't it?

nope, asylum just wrong, man!

joh118 wrote:Asylum should be only use by people who are genuinely look for protection not as a last resort to stay in the uk.

You seem to be questioning the morality of my suggestion.
From the OP's first post, there is nothing suggesting that she is genuinely staying for studies when she applies for her student visa. She seems to be looking for a legal way to get ILR and we are advising her about that.
Is it illegal to apply for asylum?
Anyway my point was that an application for extension will extend her legal stay in the UK and takes her to 10 years.

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Taking into consideration that economic migrants will have to go through the probationary citizenship route from 2011, isn't it likely that migrants applying on the basis of the 10 year rule (on the assumption that it is kept) will have to do the same?

pierrot - i appreciate your advise, but i dont appreciate 'there is nothing suggesting that she is genuinely staying for studies when she applies for her student visa' remark.

we came to the UK under WHM primarily to travel, then i just thought why not further my studies since im already here? whilst i was a student, UKBA introduced PSW, so it worked out pretty well for me as i can look for employment, unfortunately the job market wasnt good. my husband felt its good timing to invest in studies while economy recover, so i thought why dont we kill two birds with one stone? --> hence, that is why i post this thread.

lin wrote:so i thought why dont we kill two birds with one stone? --> hence, that is why i post this thread.

I remember reading somewhere that one condition attached to a student visa is that you "intend to leave the UK at the end of your studies". I don't know if this is still true. But if that was the case, and if I were to judge your intentions from your first post, it looks like you are trying to aggregate enough visas to reach the 10 years mark.
However, I didn't want to judge your intentions. Most of us have ILR as one of the birds they want to kill, otherwise we shouldn't be on this forum.
My apologies if you misunderstood me. My point to joh118 was that people's genuine intentions should not be questionned here. There are enough people at UKBA for that job.

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yes, student must "intend to leave the UK at the end of your studies", but that doesnt mean they cant find employment at the end of their study or even further their studies! 6 years in the country is a long time, you simply bound to rethink your plan for the future, but then arent we all eh?

the bottom line is - there's no need to be judgemental or sarcastic here, like you said ''there are enough people at UKBA for that job''

Intention is hard to judge, UKBA doesn't have a mind-reading device (yet).

However I still the fly in the ointment is 10/14 year rule - what will happen to it? As I said it's a no-brainer for a new government, easy target, very much abused by the perennial students, what use the the country is a 30-odd year old whose starting on year one of the career ladder with Degree in Media Studies, MCSE and several other 'courses' used to rack up the ten years. Chop it.

Easy choice for me, no one will complain except those on the plan!

wanderer, if you not happy with the policy, join BNP - problem solved!

we are paying and will be paying towards your country's hefty income tax, national insurance, council tax, tv licence etc and more importantly no recourse to public funds! its only fair after 10 yrs, we can claim something back ie. ILR duh!

lin wrote:wanderer, if you not happy with the policy, join BNP - problem solved!

I voted for Jethro Q. Walrustitty of the Silly Party, he held both Bristols....

lin wrote:wanderer, if you not happy with the policy, join BNP - problem solved!

we are paying and will be paying towards your country's hefty income tax, national insurance, council tax, tv licence etc and more importantly no recourse to public funds! its only fair after 10 yrs, we can claim something back ie. ILR duh!

Did you get an invitation and request from queen to come to UK? No one put a gun to your head to come to uk, which in turn led you to pay income tax/national insurance. If you think its extortionate, then why did you decide to dig in here in the first place? You should have gone to some other country, or better even, stayed where you were.

you are talking out of your arse mrlookforward!

i think i'll go for the 14 years rule, no tax ..then wait for nick clegg to give amnesty ha ha ha - on your face, you lovey!

You can go for 14 years rule or 24 years rule, its your choice. How does this make me a lovey? How can nick clegg give you amnesty? He had a chance to do so, but he has dropped his plan, and instead agreed to cap on migration.

mrlookforward wrote:

lin wrote:wanderer, if you not happy with the policy, join BNP - problem solved!

we are paying and will be paying towards your country's hefty income tax, national insurance, council tax, tv licence etc and more importantly no recourse to public funds! its only fair after 10 yrs, we can claim something back ie. ILR duh!

Did you get an invitation and request from queen to come to UK? No one put a gun to your head to come to uk, which in turn led you to pay income tax/national insurance. If you think its extortionate, then why did you decide to dig in here in the first place? You should have gone to some other country, or better even, stayed where you were.

i would second that

I just laugh at people who come to this country, criticise everything it has to offer, find it expensive and extortionate, find it unfair, find it barbaric, but still dont get their bum out of here. They are actually dyeing to get an ILR at any cost. This is called lovely and hypocrisy.

yup, no one put a gun to my head, i simply making plans and willingly to stay legal, paid taxes etc. your comments to eff off just out of order! who do you think you are anyway?