10 years long residence

Hi everyone,

My partner is looking to apply for her ILR under long residency but there is a jinx for which back in 2009 she applied for her student visa which got approved, but soon she changed the university and didn't realised that she had to inform the HO regarding the change. After looking into the rules, we came to know that she comes under old rules I.e before 5th October 2009.

1. Will her ILR Be an issue if she applies for ILR as the university was changed in 2009 and HO was not informed. The other problem is the visa in 2009 was issued for 4 years but the university she changed it to had a course for 3 years. Does that mean she overstayed for 1 year without realising

Her last leave was granted as my dependent. So we are just confused as if she applies for ILR they will say you broke the rules and stuff. Any help regarding the query will be highly appreciated.

Thanks

whn did she swtich into ur dependent ?

She is excepted to have complied with the immigration rules over the 10 year, although an overstay of 28 days between applications will be ignored.


Any breach of rules could jeopardise ILR.

@riz1986: she was grated as my dependent in december 2013.

When did she apply for leave as a student and when did she change courses in 2009?

Hi I am Ahmed,
Application Acknowledgment : 08-Aug-2014
Biometric Completed : 20-Oct-2014
Still Awaiting for Visa?
Previous History : apeal allowed in March 2014 against TIER-1 General HSMP visa ,However Home office delayed TIER-1 visa and by that period of time i have already completed 10 years , therefore applied Long Resident Visa in August 2014.
Any advise welcome ? is my case put in long waiting basket? or should i still assume normal que.

@vimny : she applied for visa on august 2009 and was grated visa on 2nd of October. she changed university on 3rd week of October. 2009.

See also If you applied for your current Tier 4 leave before 5 October 2009.

It appears that she could have applied for permission to change sponsor.

Unfortunately, if 245ZW(c)(iv) (39) was a condition of her visa at the time of the decision, then it may have been necessary.

I'm not sure where the date "5 October 2009" (4) came from as

CM7701 Statement of changes to the Immigration Rules published September 2009 wrote:the changes in this Statement shall take effect on 1 october 2009.

S.50 came into force on 21 July 2009.

What was the status of 245ZW(c)(iv) between 1 October and 5 October 2009? Perhaps it was not in effect until the Guidance (253) was first used, on 5 October 2009.