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ILR - 10yrs Long Residence with Post-Study Work Visa

Posted: Tue Jul 21, 2020 5:59 pm
by scg
Hi guys,



I have already been living in the UK continuously for 7 years since September 2013. I am currently staying in the UK with a Tier 5 visa and it will be expired by the end of this year. 



Therefore, I’m gonna study a master’s degree to get a one-year Tier 4 Student Visa in the coming September and planning to apply for the new two-year Post-Study Work Visa afterwards, to fulfil the 10-year Long Residence requirement. 



Here I have two questions:



1) If I am eligible to apply for the ILR on a 10-year Long Residence route at the end of the 2nd year of my Post-Study Work Visa (Presuming that I will not have absences exceeding 540 days over the 10 years).



2) As the government website states that ‘ You must have permission to stay (‘leave to remain’)’ to be eligible to apply for the ILR, may i know if I am eligible to do so at the end of the 2nd year of my Post-Study Work Visa, as I’m not sure about the definition of ‘leave to remain’.


Here is my current and coming visa record:


Tier 4 (General): Sep 2013 - Jan 2019

Tier 5 Youth Mobility Scheme Visa: Dec 2018 - Dec 2020

Tier 4 (General): Sep 2020 - Sep 2021

Post-Study Work Visa: Sep 2021 - Sep 2023



Thank you !! :D :D :D

Re: ILR - 10yrs Long Residence with Post-Study Work Visa

Posted: Tue Jul 21, 2020 6:04 pm
by CR001
1. All visas count for ilr based on long residence, even visitor visas.

2. Leave to remain is the term used for visas issued within the uk, ie a valid visa.

Re: ILR - 10yrs Long Residence with Post-Study Work Visa

Posted: Tue Jul 21, 2020 8:40 pm
by scg
CR001 wrote:
Tue Jul 21, 2020 6:04 pm
1. All visas count for ilr based on long residence, even visitor visas.

2. Leave to remain is the term used for visas issued within the uk, ie a valid visa.
Do you mind to explain it more?
Let's say if i am holding a post-study work visa, does it mean I already have the "Leave to Remain" status?

Thank you so much!

Re: ILR - 10yrs Long Residence with Post-Study Work Visa

Posted: Tue Jul 21, 2020 8:51 pm
by CR001
Yes, it would be a leave to remain visa!! All long term visas are leave to remain but known as the specific category name, or tier 1, tier 2, spouse visa, etc.

Re: ILR - 10yrs Long Residence with Post-Study Work Visa

Posted: Wed Jul 22, 2020 2:53 pm
by scg
CR001 wrote:
Tue Jul 21, 2020 8:51 pm
Yes, it would be a leave to remain visa!! All long term visas are leave to remain but known as the specific category name, or tier 1, tier 2, spouse visa, etc.
Thanks for the reply!

Also, may I ask if a visitor visa is also counted as 'Leave to remain' ?

Re: ILR - 10yrs Long Residence with Post-Study Work Visa

Posted: Wed Jul 22, 2020 3:46 pm
by CR001
CR001 wrote:
Tue Jul 21, 2020 6:04 pm
1. All visas count for ilr based on long residence, even visitor visas.

2. Leave to remain is the term used for visas issued within the uk, ie a valid visa.
However a visitor visa is not leave to remain as a visitor visa is a short term entry clearance visa applied for OUTSIDE the UK. I have already stated that leave to remain is a visa issued WITHIN the uk.