ILR 10-year long residence route - Have you been granted ILR after changes to route rules?

Hi, I have sort of a similar situation, I came to the UK on Sep 2013 and I was on a Tier 4 visa which expired on Oct 2018. In July 2018 I applied for Humanitarian Protection, so before my Tier 4 expired by 3 months. I was given an Application Registration Card in July 2018 until my HP was granted in Jan 2019. my 10 years is up in Sep 2023 and I want to apply for ILR using the 10-year route. Considering the new changes to the "lawful residence" below, am I still eligible to apply in September 2023?

"Any periods of time with temporary admission, temporary release or immigration bail are not ‘lawful residence’ for the purposes of long residence and will break continuous residence."

You applied for a new application before the visa expiry. That engaged Section 3C after visa expiry. Section 3C extended your previous visa (Tier 4) until the new application was decided. That period is NOT considered temporary admission

Thank you Zimba. My initial visa was a Tier 4 General Student visa from Sep 2013 to Aug 2014 to study my foundation year which if passed would allow me to enter University. I passed it and I was able to renew it from within the UK until Oct 2018. In the new rules, Short-Term Student visas do not count towards the 10 years, I spoke to a lawyer and clarified my initial Tier 4 visa and they said that it doesn't count towards my 10 years. is that right??
It was my understanding that the Short-Term Student Visa which is not allowed to be renewed from the UK are the only one that doesn't count towards the 10 years in the new guidance.

Only if it was Short-term Student (English language) visa

4.1 Definition of continuous lawful residence
Lawful residence is defined in paragraph 276A of the Immigration Rules as a period of continuous residence in which the applicant had one of the following:

•existing leave to enter or remain, except this cannot include time with entry clearance or permission under Appendix V: Visitor, Appendix Short-term Student (English language), or Appendix Temporary work – Seasonal Worker

•an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain

Lawful residence does not include time spent on immigration bail (including time spent with temporary admission and temporary release).

https://www.gov.uk/government/publicati ... ation-bail

zimba wrote: ↑

Thu Jun 08, 2023 1:30 pm

Only if it was Short-term Student (English language) visa

4.1 Definition of continuous lawful residence
Lawful residence is defined in paragraph 276A of the Immigration Rules as a period of continuous residence in which the applicant had one of the following:

•existing leave to enter or remain, except this cannot include time with entry clearance or permission under Appendix V: Visitor, Appendix Short-term Student (English language), or Appendix Temporary work – Seasonal Worker

•an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain

Lawful residence does not include time spent on immigration bail (including time spent with temporary admission and temporary release).

https://www.gov.uk/government/publicati ... ation-bail

Hi Zimba,

I had a similar situation; however, my application was rejected. Any suggestions would be appreciated.

On 19 July 2013 I entered the UK with leave to enter as a Tier 4 Student valid until 13 October 2013 for an 8 weeks presessional language course and a conditional offer for my undergraduate course. I have to pass this course and successfully direct continue my undergraduate study in the same university.

I have submitted my ILR-10 years route application at 3rd of this month, however I got a rejection and they think the T4 student visa is a 'short term student' and cannot to be counted towards the continues residence. Here is their explanation for refusion:

'' We are satisfied that your lawful residence began on 2 October 2013 when you were granted leave to remain as a Tier 4 Student until the date of consideration of your current application. This is a period of 9 years, 9 months and 5 days.

We are not satisfied that under the current rules as described above you have held continuous residence in the UK as described in paragraph 27B(i)(a) as any time spent in the UK as a short-term student cannot be counted towards continuous residency.

Therefore, the period from 19 July 2013 when you entered the UK to 1 October 2013 when you were granted leave to remain cannot be considered towards your 10 years continuous residency.
 
For the reasons outlined above, your application for indefinite leave to remain on the grounds of long residence is refused as you have failed to meet the requirements of the Immigration Rules under Paragraph 276D with reference to Paragraphs 276B(i)(a) of the Immigration Rules.''

I believe the caseworker has mistakenly confused my T4 general student with short-term Student visa and I plan to appeal by myself. Any advice with the appeal? Could you please suggest me some relative legal provisions I can reference?

Thank you so much for the help.

This is slightly concerning... Does your Visa sticker state it’s a Tier 4 general student visa?

Sal1994 wrote: ↑

Wed Jul 05, 2023 5:16 pm

This is slightly concerning... Does your Visa sticker state it’s a Tier 4 general student visa?

Yes, exactly. It states 'Tier 4 general student visa'. I am aware that they changed the regulations in April, and I did my research on the Short Term Student Visa. I found that they are completely different. I have consulted solicitors, and they all believe that the caseworker made a mistake. They suggested that I can either raise an appeal or resubmit the application with an explanation.

I have already spent over 3000 pounds on the application, and I cannot afford to repay the application fee or the solicitor fee. I am not sure whether I can appeal by myself and how to do it (even though I still have to pay 100+ pounds for the appeal fee).

I really hope someone can advise you on this. I am applying in September and now i am concerned they might reject my application for the same reason (i want to pay for premium so will be an expensive rejection). Please keep us posted with progress on this.

Stella26 wrote: ↑

Wed Jul 05, 2023 5:44 pm

Sal1994 wrote: ↑

Wed Jul 05, 2023 5:16 pm

This is slightly concerning... Does your Visa sticker state it’s a Tier 4 general student visa?

Yes, exactly. It states 'Tier 4 general student visa'. I am aware that they changed the regulations in April, and I did my research on the Short Term Student Visa. I found that they are completely different. I have consulted solicitors, and they all believe that the caseworker made a mistake. They suggested that I can either raise an appeal or resubmit the application with an explanation.

I have already spent over 3000 pounds on the application, and I cannot afford to repay the application fee or the solicitor fee. I am not sure whether I can appeal by myself and how to do it (even though I still have to pay 100+ pounds for the appeal fee).

You clearly stated that you were granted a short-term visa to study English, the rules very clearly exclude this period from the long residence period. Note that in 2013, all student visas (even short-term ones) to study English were granted under the Tier 4 route.
Tier 4 does not exist anymore and the old Tier 4 route is now called Student visa. If you were granted short-term Tier 4 visa to study English, it will be treated as if you held Short-term Student (English language) visa now. Hence such period is excluded

zimba wrote: ↑

Thu Jul 06, 2023 12:32 am

Stella26 wrote: ↑

Wed Jul 05, 2023 5:44 pm

Sal1994 wrote: ↑

Wed Jul 05, 2023 5:16 pm

This is slightly concerning... Does your Visa sticker state it’s a Tier 4 general student visa?

Yes, exactly. It states 'Tier 4 general student visa'. I am aware that they changed the regulations in April, and I did my research on the Short Term Student Visa. I found that they are completely different. I have consulted solicitors, and they all believe that the caseworker made a mistake. They suggested that I can either raise an appeal or resubmit the application with an explanation.

I have already spent over 3000 pounds on the application, and I cannot afford to repay the application fee or the solicitor fee. I am not sure whether I can appeal by myself and how to do it (even though I still have to pay 100+ pounds for the appeal fee).

You clearly stated that you were granted a short-term visa to study English, the rules very clearly exclude this period from the long residence period. Note that in 2013, all student visas (even short-term ones) to study English were granted under the Tier 4 route.
Tier 4 does not exist anymore and the old Tier 4 route is now called Student visa. If you were granted short-term Tier 4 visa to study English, it will be treated as if you held Short-term Student (English language) visa now. Hence such period is excluded

Thank you so much for the explanation.

Yes, exactly. It states in the ILR caseworker guidance that the Short Term Student Visa is no longer counted towards settlement. Is that means they will chasing back to 2013 to review my visa type and if they believe it should be a Short-Term Student Visa they will treat it as Short-Term Student visa?

If they not going to chase back, I found the ILR caseworker guidance does not mention the case of short-term language courses under the T4 student visa category. Under current Student Route under Immigration Rules, I found something relative with the pre-sessional language course.

I have reviewed the current Student Visa, which was previously known as the T4 General Student Visa, and compared it to the Short Term Student Visa. I noticed significant differences, with the main point being that T4's pre-sessional language course allows for progression to higher-level courses after its completion, whereas the Short Term Student Visa requires an intention to leave the UK. In my CAS letter at that time, it stated that I had a conditional offer for a bachelor's degree, and one of the conditions was meeting the language requirements, so it was not feasible for me to plan to leave the UK.

I considered that my language course, titled 'International Summer Programme,' differed from the explicitly mentioned pre-sessional language courses under the T4 category. According to the Immigration Rules' Student Route, specific requirements are outlined for T4 pre-sessional language courses, as follows:

ST 13.1. An applicant must either:
(a) show English language ability on the Common European Framework of Reference for Languages in all 4 components (reading, writing, speaking, and listening) of at least:
(i) level B2, where the applicant is studying a course at UK bachelor's degree level or above; or
(ii) level B1, where the applicant is studying a pre-sessional course or a course below UK bachelor's degree level; or

Additional clarifications are provided for cases where the language level does not meet B2, as follows. My CAS indicated my original language level as B1, while my language course was at the B2 level:
ST 15.1. A single Confirmation of Acceptance for Studies can be assigned for a combined pre-sessional course and a main course at degree level or above by a higher education provider with a track record of compliance if:
(a) the pre-sessional course lasts no longer than 3 months; and
(b) the main course will begin no more than 1 month after the pre-sessional course ends.

ST 15.3. If the applicant has been assessed (which must be by a method other than assessment by the student sponsor) as having language ability of at least level B1 in order to meet the English language requirement at ST 13.1., the Confirmation of Acceptance for Studies must confirm that the student sponsor is satisfied that the applicant will have at least level B2 at the end of the pre-sessional course.

Based on these three provisions, it appears that there is an allowance for T4 student visas with language courses lasting less than three months, as long as the applicant reaches the B2 language level when they complete the language course and they will continue their degree study within 1 month of the language course completion.

Furthermore, the T4 requirement states that the student must not have, or have last been granted, permission under the categories of Visitor, Short-term Student, Parent of a Child Student, Seasonal Worker, Domestic Worker in a Private Household, or outside the Immigration Rules. I understand this point as the Short-Term Student Visa requires the intention to leave the UK. Therefore, if my language course visa is deemed as a Short-Term Student Visa, it follows that I would not be eligible for a T4 student visa to complete my bachelor degree. Could this also serve as an argument?

I also compared the T4 requirements for pre-sessional language courses. Although the duration of my language course, as indicated in my CAS, was one week of full-time study at 20 hours per week, it did not explicitly mention it as a class-based course. However, the study address provided was within the university campus. Besides, my language summer programme also meet the requirement of Points requirement for Student Route:
ST 8.2. The application must be for a course which is one of the following:
1. (a) a full-time course at degree level or above that leads to an approved qualification; or
2. (b) a full-time course below degree level involving a minimum of 15 hours per week of classroom-based daytime study (08:00 to 18:00, Monday to Friday) that leads to an approved qualification; or
3. (c) a full-time course involving a minimum of 15 hours per week of classroom-based daytime study that is a pre-sessional course; or

Would you think I have enough evidence to proof the International Summer Programme I took under T4 student visa is fully qualified as a Student Visa rather than Short-Term Student Visa?

You may try to make your case. I am afraid the interpretation of the rules is not quite clear in this instance but it is reasonable to expect that short term English language visas to be excluded

Hi,

I have already posted previously asking about Tier 4 short-term student visa (not for an English course) and its implications on my ILR application later this year, and I was given plenty of advice by Zimba, so much appreciated.

But i wanted to ask - just for extra reassurance - has anyone successfully obtained ILR (10-year long residency route) since the new rules came into effect last April and they held a 1-year short Tier 4 student visa during their 10 years? for example for a foundation course or a short extension because of Masters or PhD studies (not for an english course!)?

I am concerned because i saw someone already post that they were rejected by HO because they counted their Tier 4 extensions as "Short-term student visa"

Thanks

Probably very few people are in this exact situation. The other person you mentioned was not studying English and got a short extension to finish their studies. I believe he was incorrectly refused:indefinite-leave-to-remain/visa-extensi ... l#p2121535

In the case of an English language visa, the rules are clearer

I’m in the same boat as I need to apply in September for ILR on the basis of 10 years long residency. I had a Doctoral Extension Scheme (DES) visa after finishing my PhD (issue date 20/02/2020-20/01/2021). I’m super stressed also due to all these new rules and how Home Office case workers are using them to refuse applications. Spending the whole 10 years legally on different visas/extensions in the UK is not easy.

Please, if anyone has recently obtained ILR (10 years long residency) come forward and share the outcome.

aine23 wrote: ↑

Thu Jul 13, 2023 2:52 am

I’m in the same boat as I need to apply in September for ILR on the basis of 10 years long residency. I had a Doctoral Extension Scheme (DES) visa after finishing my PhD (issue date 20/02/2020-20/01/2021). I’m super stressed also due to all these new rules and how Home Office case workers are using them to refuse applications. Spending the whole 10 years legally on different visas/extensions in the UK is not easy.

Please, if anyone has recently obtained ILR (10 years long residency) come forward and share the outcome.

Can you please continue your questions in your own topic rather than tag onto someone else's.

indefinite-leave-to-remain/ilr-long-res ... l#p2111906

Apologies! Yes, I have posted in other topic as you suggested.

zimba wrote: ↑

Thu Jul 06, 2023 12:32 am

Stella26 wrote: ↑

Wed Jul 05, 2023 5:44 pm

Sal1994 wrote: ↑

Wed Jul 05, 2023 5:16 pm

This is slightly concerning... Does your Visa sticker state it’s a Tier 4 general student visa?

Yes, exactly. It states 'Tier 4 general student visa'. I am aware that they changed the regulations in April, and I did my research on the Short Term Student Visa. I found that they are completely different. I have consulted solicitors, and they all believe that the caseworker made a mistake. They suggested that I can either raise an appeal or resubmit the application with an explanation.

I have already spent over 3000 pounds on the application, and I cannot afford to repay the application fee or the solicitor fee. I am not sure whether I can appeal by myself and how to do it (even though I still have to pay 100+ pounds for the appeal fee).

You clearly stated that you were granted a short-term visa to study English, the rules very clearly exclude this period from the long residence period. Note that in 2013, all student visas (even short-term ones) to study English were granted under the Tier 4 route.
Tier 4 does not exist anymore and the old Tier 4 route is now called Student visa. If you were granted short-term Tier 4 visa to study English, it will be treated as if you held Short-term Student (English language) visa now. Hence such period is excluded

Hello, Zimba. I think this is incorrect. In 2013, I believe what is now called "Short-Term Student Visa" would have been referred to as "Student Visitor Visa". This was a separate category from the Tier 4 (General) Student. Based on the new rules, a short-term student visa is explicitly defined in relation to the new rules as a person who has, or had, permission under Appendix Short Term Student, or paragraph A57E of the rules in force before 1 December 2020. A57E(b) excludes such precessional courses as a condition of university studies:

A57E. Applicants for entry clearance or leave to enter the UK as a short-term student
for up to and including 11 months must meet the requirements in A57C and all of the
following requirements:
(a) has been accepted on a course of study in English language of no more than 11
months which is to be provided by an accredited institution; and
(b) intends to leave the UK at the end of the study or at the end of 11 months
whichever is sooner; and
(c) holds a valid entry clearance as a short-term student for a period not exceeding
11 months.

If the foundational English language course was studied under a Tier 4 (General) student visa in 2013, I believe it should not be classified as "Short-term Student" according to the new rules.

It is entirely possible that the Home Office intended for such precessional language courses to be excluded from the 10 years. But if that is the case, they need to specify conditional university entry in their language. Certainly, I think Sal1994 could make that argument.

The issue is that paragraph A57E did not exist in 2013. The student visitor visa rules in 2013 mentioned that such a visa could be granted for a maximum of 6 months as per paragraph 56L of the rules in place in July 2013. I also think that such a visa would be best viewed simply as a visitor visa rather than a student visa. So to grant a visa longer than 6 months to study English in 2013, it seems a short-term Tier 4 was the only option.

From the immigration rules archive (July 2013):

Leave to enter as a student visitor
56L. A person seeking leave to enter to the United Kingdom as a student visitor may be admitted for a period not
exceeding 6 months, subject to a condition prohibiting employment, and recourse to public funds, provided the
Immigration Officer is satisfied that each of the requirements of paragraph 56K is met

The OP was granted 11 months to study English in 2013. This maps largely to the 'short-term student visa' route introduced under paragraphs A57A to A57H of the rules in 2015, according to Statement of Changes in Immigration Rules HC 1025, for the sole purpose of studying the English language in the UK.

So the OP's visa to study English, granted under Tier 4 in 2013, possibly may have been granted as a 'short-term student visa' instead if it was issued after 2015 rule changes came into force. It is therefore reasonable in my opinion that the OP's Tier 4 visa issued in 2013 could be treated as a 'short-term student visa' for the purpose of interpreting the relevant definitions under paragraph 276A of the rules. (Update see posts below -- It seems that the changes to the rules introduced from October 2023 follow this approach)

I think the rules are meant to be precise.

It is thus in the nature of the Immigration Rules that they include no over-arching implicit purposes. Their only purpose is to articulate the Secretary of State’s specific policies with regard to immigration control from time to time, as to which there are no presumptions, liberal or restrictive. The whole of their meaning is, so to speak, worn on their sleeve.

276A(b)(i)’s exceptions are confined to specific Appendices

existing leave to enter or remain, except this cannot include time with entry clearance or permission under Appendix V: Visitor, Appendix Short-term Student (English language), or Appendix Temporary work – Seasonal Worker; or

As it included references to Appendices, then the Interpretation

references to Appendices are to Appendices to those rules.

applies.

Also, in simple set theory terms, the set of “Visitor”

means a person granted permission under paragraphs 40-56Z, 75A-M or 82-87 of the rules in force before 24 April 2015 or Appendix V on or after 24 April 2015 or Appendix V: Visitor after 9am on 1 December 2020.

is the union of the sets of persons granted permission under

• paragraphs 40-56Z, 75A-M or 82-87 of the rules in force before 24 April 2015 or
• Appendix V on or after 24 April 2015 or
• Appendix V: Visitor after 9am on 1 December 2020.

The set of persons under Appendix Appendix V: Visitor is a subset of the set of Visitor.

Similarly, with the other interpretations. Hence, for example, a Tier 2 (General) holder under Part 6A is a member of the Skilled worker set, but is not automatically a Skilled worker holder under Appendix Skilled worker.

IMHO, if the time spent with existing leave to enter or remain were not under these specific Appendices’ from when they were inserted into the rules, then I think having an entry clearance or permission under different rules cannot be exceptions in 276A(b)(i). Then they may be included under Long residence.

Moreover, applications in the past prior to 13 April 2023 would also have been decided in accordance with the Immigration Rules in force at that time? To preserve consistency and legitimate expectations, I hope they quantify these exceptions to applications of leave under these Appendices from 13 April 2023? Or if they double down and omit the references to the Appendices in 276A(b)(i), then they may create a temporal paradox in these rules, when more fixed lawful residences in the past may be both included and excluded.

Also, should these exceptions to exclude - pause, or break and reset, the continuous lawful residence? 7.68 implies pause?

See also similar complexities in Singh.

Hi everyone,Thanks for the reply. I have an update like to share:

I met 2 people from social media platforms with exactly the same situation, and they were granted an ILR with super priority service last week. They confirmed that they had a 2-month pre-sessional language course in July 2013, and after they completed their language course, they successfully continued their main course study.

One of them shared his cover letter template. He stated: 'In the past ten years, I have maintained a lawful residence in the UK since my initial entry on XX/XX/XXXX with a Tier 4 General Student Visa (See the stamp on page XX of my previous passport), which is not classified as a Short-Term Visa.'

And also, there are 2 cases with the same situation being refused. It really confused me. If it is a mistake, there are others who have been refused. How do they apply the new rules?

I have applied appeal. However, it will take 6 - 12 months. I will post the update once I have.

Thank you for the update Stella26, very helpful and slightly reassuring! I hope your appeal goes well, and do keep us updated.

Stella26 wrote: ↑

Mon Jul 24, 2023 9:12 am

Hi everyone,Thanks for the reply. I have an update like to share:

I met 2 people from social media platforms with exactly the same situation, and they were granted an ILR with super priority service last week. They confirmed that they had a 2-month pre-sessional language course in July 2013, and after they completed their language course, they successfully continued their main course study.

One of them shared his cover letter template. He stated: 'In the past ten years, I have maintained a lawful residence in the UK since my initial entry on XX/XX/XXXX with a Tier 4 General Student Visa (See the stamp on page XX of my previous passport), which is not classified as a Short-Term Visa.'

And also, there are 2 cases with the same situation being refused. It really confused me. If it is a mistake, there are others who have been refused. How do they apply the new rules?

I have applied appeal. However, it will take 6 - 12 months. I will post the update once I have.

Hi Stella26,

Just wanted to post a quick update, my application was successful, i applied using super priority and attached a cover letter explaining my initial visa and rules stating only English language visas are exempt.

This proves the interpretations of the rules that @vinny provided above are indeed correct

True! Thank you guys, you’ve been super super helpful during my journey

Unfortunately, Statement of changes HC 1780: restrictions on administrative review and expansion of Youth Mobility Scheme

Long residence

The definition of ‘lawful residence’ was changed in April 2023 to exclude time spent on immigration bail, as a visitor, short-term student or seasonal worker. Paragraph 276A(b) of the rules is being amended to clarify that this includes time spent on previous versions of these routes or temporary admission or release.

Changes to Part 7 (effective from 5th October 2023)

7.1. For paragraph 276A(b), substitute:
“

• (b) “lawful residence” means residence which is continuous residence pursuant to:
  • (i) existing leave to enter or remain, except this cannot include time with entry clearance or permission under Appendix V: Visitor, Appendix Short-term Student (English language), or Appendix Temporary work – Seasonal Worker, or any relevant predecessor routes; or
  • (ii) an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.
• (c) “lawful residence” does not include time spent on immigration bail, temporary admission, or temporary release.”.

double down on retrospective exceptions, etc.

I think these changes effectively treat the Court of Appeal’s judgment with contempt. Moreover, does it make 276B(i)

(a) he has had at least 10 years continuous lawful residence in the United Kingdom.

inconsistent and untenable?

I think they have managed to make a previously very simple, widely understood (for decades), 276A(b)(i) more complex and created interpretational problems for 276B(i).