Immigrationboards.com

Hi,

My wife came to UK as a work permit hold but on student nurse visa. So for one year she was on that visa. When she applied FLR she got residence permit valid until 2010. And again when she changed her job, she applied again for FLR and got residence permit valid until 2011. So in August 2009 she will complete her 5 years in UK. But initial one year she was on student nurse visa. I would like to question that, that one year student nurse visa will get counted towards 5 years for ILR or she has to wait till August 2010.

Thanks & Regards,
Mansawant

I understand student visas don't count towards ILR

They count towards 10 years ILR.

Victoria

So Victoria are you saying she needs to be in the country for 10 years if she has FLR?
or
Did you mean 2010, in other words the one year on a student visa does not count.

Victoria wrote:
They count towards 10 years ILR.

I am saying that time in the UK as a student only counts towards ILR if applying under the 10 year rule.

The sentence "My wife came to UK as a work permit hold but on student nurse visa" doesn't make sense. She was either on a work permit or a student visa.

Victoria

Hi,

My wife came here as a work permit holder. But as she is having her nurisng degree outside EU she completed her adaptation period to get PIN number to practise here in UK as a nurse. So all the nurses who came with her from India came on Workpermit but on their visa stamp it was mentioned studen nurse and works needs to be authorised. She was working full time 37.5 hours per week since she arrived in UK and her workpermit was valid for 60 months. If she could have come on student visa (Not student nurse) I think she was not autorised to work full time. It's not mentioned studen visa. Its student nurse. I think there is a lot difference in student visa and student nurse visa. Because student nurse visa holders not come to UK to study they come to work. but only to get the PIN number they have to do the adaptation course (supervised training). Nowadays its called overseas nurse programme . And one more thing on the back side of the workpermit it is mentioned that she can apply for ILR after 4 years as that time (September 2004) it was required to complete 4 years for ILR.

During student nurse visa period she worked full time all the time.

So I just want any more information on this.

Thanks and Regards,
Mansawant

Hi

I can sense what it means, Not to worry.

When visa stamp says work permit, that will do for her to count that one year in ILR.

And don't confuse yourself by specifying she was in student nurse program but work permit holder, as its now changed as ONP.

if she has work permit stamped in her passport, everything is fine.

Krishna

This news should come as a releif to all those on student nurse visa(2003-2004)

There was a case put forward by one of the nurses who applied for ILR and the fist year was on a student nuse visa however had a valid work permit and was working 37.5 hourrs.

At first she got rejected and went through the appeal process and was granted ILT as this was an error during that time that they gave student nurse visa. The best option is apply through a Solicitor who knows about this as not every one in the home office is aware. however this case has been won and would be granted. I read this information from one of the malayalam news article will post the link when i find it again.

shobyphilip wrote:This news should come as a releif to all those on student nurse visa(2003-2004)

There was a case put forward by one of the nurses who applied for ILR and the fist year was on a student nuse visa however had a valid work permit and was working 37.5 hourrs.

At first she got rejected and went through the appeal process and was granted ILT as this was an error during that time that they gave student nurse visa. The best option is apply through a Solicitor who knows about this as not every one in the home office is aware. however this case has been won and would be granted. I read this information from one of the malayalam news article will post the link when i find it again.

Good of you to let the forum know

manasawant, the adaptation period will be counted towards ILR as it is kind of WP and its title is adaptation nurse/registered nurse. but, they will stamp on the passport as student nurse .

i'm sure u can apply in august -2009

Hi,

Thanks a ton for the update on this matter. I am planning to apply for undergraduate university once I get the ILR in August 09 with my wife. If I get the ILR in August 09 I can apply for university in September 09. I have also completed 3.5 years in UK so 3 years ordinary resident rule is also get fulfilled.

Once again thanks for the info.

Regards,
Mansawant

Dear sir, have you got ILR in this matter, my wife also came to uk in work permit, and changed to ONP visa again she got workpermit. Now we are planning to apply for ILR in january. Does the ONP period cont for ILR?
Thanks

Hi Sabu,

Yes we have successfully applied in Aug 09 for ILR and also become British Citizen in the last month. And also all the Indian nurses who came with wife at the same time also got the ILR.

But still some people do not aware of this. I met an Indian nurse who applied for ILR after getting PIN number as she was not aware of the fact that the time with stundent nurse visa counts for ILR.

If your wife has initially entered UK on work permit basis, then I believe she can also count the time she was on adaptaion or ONP programe towards the time for ILR.

Hope that helps.

Mansawant

Hi Sabu,

Please also check the post by Mathew123 regarding rejection of ILR but I am not sure what's the history but something is mentioned that there was a gap in visa or workpermit.

Mansawant

See also Closed immigration categories and Section 2 - Settlement - tier 2 and tier 5 of the points-based system.