ILR UNDER 10 YEAR RULE

dear friends/moderator,

I was wondering if anybody would give me correct advise especially with the turbulent immigration scene at the moment.

I came to UK on the 22 of september 1996 and have continuosly lived in the uk & was expecting ILR after 10 years on 22-sept 2006 until when i have permit free status.

Thats when i noticed a small anomaly.

I am a hospital doctor & at one point of time i was given permit free visa until the 1st of march 2003.

This was the time when HSMP came in & i applied for HSMP by sending passport & relevant documents prior to expiry of permit free..ie..1st march 2003 to the home office.

I received an answer in the negative & they sent my passport back from the home office reaching me only on the 25th of march 2003.

I was meanwhile offered another job & i took the passport with documentation to home office on the 27th of march 2003 when my permit free visa was further extended.

My question is will i be construed as having stayed illegally from 2nd march 2003 to 26th march 2003 ...during which period my passport was actually with the homeoffice ....to deny me ILR status under the 10 year rule.

many thanks
yours

koshynita wrote:My question is will i be construed as having stayed illegally from 2nd march 2003 to 26th march 2003 ...during which period my passport was actually with the homeoffice ....to deny me ILR status under the 10 year rule.

many thanks
yours

No.

You would get continuos leave whne your ppt is with HO.

It is likely that the 10year rule and 14 year rule will be scrapped. So if you can better switch to HSMP/WP as it is very easy for medics to qualify and it will save you from the worry of the 5 year Labour Immigration Plan - have you readi t yet???

No, I don't think you have a problem, thanks to a topic often mentioned here .... Section 3C !

That is, your application for a new visa was made before the old one actually expired. Accordingly your old visa is automatically extended until the application is dealt with, and in the event of a refusal, until the deadline for appealing against the refusal.

Accordingly, from what you say, back in 2003 there was never a time when you were without a valid visa.

Thankyou john & CHESS!
your answers are much appreciated .

I also take on board your advice of HSMP/ work permit.

I am currently a specialist registrar training to be a consultant in one of the fields which is declared as in short supply ...ie..Diabetes & endocrine & have the necessary points for HSMP in the new version.

The home office only issues me permit free visa ....which i have until 2006 to make it to 10 years.

Would you still advice me to apply for HSMP which gives only 1 year in first instance etc & what would be the advantage over the remaining permit free?
Thanking you once again
yours

ps: I had applied for the previous HSMP ( the tougher one & was denied). they still penalise me each time at airport immigration by keeping me till everone else has been sorted & then go & investigate on some computer inside etc before giving me the all clear.

Koshynita, given that September 2006 is "only" 1 year and 7 months away, I can't see any advantage in trying to change your status at the current time. So why not just sit it out and wait for that time to expire?

Of course if there were a change of Government and Tory proposals become law then it might be a good idea to get HSMP. Your background shows you to be ideally suited.

thankyou john
many thanks
yours
Dr K jacob