10 years long residence applications

you are technically legal and settled in Britain once you have you have completed 10 years lawful residence in the UK. You do not need to go to college anymore to regularise your status. Do yourself a favour by quiting the course. I'M 100 per cent sure.

k77 wrote:HI guys,
I have applied for my Indefinite leave on the basis of 10 years rule. I have a student visa which expires in 2014. My 10 years were completed last december without any problem with the home office..Do i still need to go to college for studies as my application is still with home office.
Will my application be affected if College report me to the UKBA? Please reply to these questions.People who have gone through similar situations please post your comments.

essentialSalt wrote:Hi,

Can I get some advices from people who have been in similar situations?

I applied for the indefinite leave to remain (long residence) back in August. It's been nearly 6 months now and I am expecting my passport back before the Easter holiday.

If I have been offered a job to start in May and don't have the passport back by May, would I still be able to start the job?

I have done the biometrics in October.

I was a student the last 3 years.

while ukba is holding yr application, u r on 34c leave..the terms nd condition r same as yr last leave to remain...in my understanding if u were on student visa and was not allowed to work more then 10 or 20 hrs at time of application then u still cant work full time until he positive outcome of your application

essentialSalt wrote:Thanks for this. Can I just ask a follow up question? The problem is that I was on the student visa the last 3 years. According to the Home Office website, my current status as my application is being reviewed remains that of the student. So If I can't get the passport (or the letter to tell you that the application has been approved), I wouldn't be able to start work, would I?

UKBA @Page 48 wrote:294. If you are allowed to work, you must not fill a full-time permanent vacancy (other than on a recognised Foundation Programme) unless you:
• have successfully completed of course at degree level or above at a Sponsor that is a Recognised Body or a body in receipt of public funding as a HEI from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council; and

Follow this post

Damanishallo, thanks for the response provided. i appreciate.

Dik wrote:you are technically legal and settled in Britain once you have you have completed 10 years lawful residence in the UK. You do not need to go to college anymore to regularise your status. Do yourself a favour by quiting the course. I'M 100 per cent sure.

k77 wrote:HI guys,
I have applied for my Indefinite leave on the basis of 10 years rule. I have a student visa which expires in 2014. My 10 years were completed last december without any problem with the home office..Do i still need to go to college for studies as my application is still with home office.
Will my application be affected if College report me to the UKBA? Please reply to these questions.People who have gone through similar situations please post your comments.

@ Dik : He is not settled in Britain unless he is granted ILR. He has completed 10yrs lawful residence in UK but his application is still pending on decision and that means his previous visa terms and conditions still apply.

k77 : questions: 1. when did u apply your SET(M). 2. why do you want to quit.
3. My suggestion is why do want to risk for a short while (unless there is a good enough reason).

the school, college or Uni which u are enrolled will have to notify UKBA if you quit the course and then the question is weather you have enrolled in any other course or college within a set time frame.

and yes as DIK said you could take chances but consider if it is worth or not.

this is my opinion. and if there is any reference that DIK could provide to support his argument, then you can find yourself at the other side of the river.

IF not my advise would be to stick to it for a little while and you will be through this pain

Saanju

No news form Aug/Sept applicants!!

I'm sure he doesn't have to be pursuing his course to remain legal once he has completed 10 years lawful residence. the home office will only take into account matters which were apertaining 10 years immediately preceeding his application. The home office cannot by law take into account his compliance with the immigration rules after he had made his application. he should do himself a favour, save the tuition fees for more important stuff, and quit the course.

saanju9 wrote:

Dik wrote:you are technically legal and settled in Britain once you have you have completed 10 years lawful residence in the UK. You do not need to go to college anymore to regularise your status. Do yourself a favour by quiting the course. I'M 100 per cent sure.

k77 wrote:HI guys,
I have applied for my Indefinite leave on the basis of 10 years rule. I have a student visa which expires in 2014. My 10 years were completed last december without any problem with the home office..Do i still need to go to college for studies as my application is still with home office.
Will my application be affected if College report me to the UKBA? Please reply to these questions.People who have gone through similar situations please post your comments.

@ Dik : He is not settled in Britain unless he is granted ILR. He has completed 10yrs lawful residence in UK but his application is still pending on decision and that means his previous visa terms and conditions still apply.

k77 : questions: 1. when did u apply your SET(M). 2. why do you want to quit.
3. My suggestion is why do want to risk for a short while (unless there is a good enough reason).

the school, college or Uni which u are enrolled will have to notify UKBA if you quit the course and then the question is weather you have enrolled in any other course or college within a set time frame.

and yes as DIK said you could take chances but consider if it is worth or not.

this is my opinion. and if there is any reference that DIK could provide to support his argument, then you can find yourself at the other side of the river.

IF not my advise would be to stick to it for a little while and you will be through this pain

Saanju

AMH wrote:No news form Aug/Sept applicants!!

no news from me yet.....still waiting (august applicant)

jai_aus wrote:

AMH wrote:No news form Aug/Sept applicants!!

no news from me yet.....still waiting (august applicant)

Looks like all august/September applications have been DUMPED.

Porbably in Queen's treasure!

sun76 wrote:

jai_aus wrote:

AMH wrote:No news form Aug/Sept applicants!!

no news from me yet.....still waiting (august applicant)

Looks like all august/September applications have been DUMPED.

Dik wrote:I'm sure he doesn't have to be pursuing his course to remain legal once he has completed 10 years lawful residence. the home office will only take into account matters which were apertaining 10 years immediately preceeding his application. The home office cannot by law take into account his compliance with the immigration rules after he had made his application. he should do himself a favour, save the tuition fees for more important stuff, and quit the course.

saanju9 wrote:

Dik wrote:you are technically legal and settled in Britain once you have you have completed 10 years lawful residence in the UK. You do not need to go to college anymore to regularise your status. Do yourself a favour by quiting the course. I'M 100 per cent sure.

k77 wrote:HI guys,
I have applied for my Indefinite leave on the basis of 10 years rule. I have a student visa which expires in 2014. My 10 years were completed last december without any problem with the home office..Do i still need to go to college for studies as my application is still with home office.
Will my application be affected if College report me to the UKBA? Please reply to these questions.People who have gone through similar situations please post your comments.

@ Dik : He is not settled in Britain unless he is granted ILR. He has completed 10yrs lawful residence in UK but his application is still pending on decision and that means his previous visa terms and conditions still apply.

k77 : questions: 1. when did u apply your SET(M). 2. why do you want to quit.
3. My suggestion is why do want to risk for a short while (unless there is a good enough reason).

the school, college or Uni which u are enrolled will have to notify UKBA if you quit the course and then the question is weather you have enrolled in any other course or college within a set time frame.

and yes as DIK said you could take chances but consider if it is worth or not.

this is my opinion. and if there is any reference that DIK could provide to support his argument, then you can find yourself at the other side of the river.

IF not my advise would be to stick to it for a little while and you will be through this pain

Saanju

Mr Dik could you provide us with the reference link as regards to the statement you have made as there are thousands of people in similar situation who just enrolled for the course and paying hefty fees for the sake of completing 10 years lawful stay.

Dik wrote:I'm sure he doesn't have to be pursuing his course to remain legal once he has completed 10 years lawful residence. the home office will only take into account matters which were apertaining 10 years immediately preceeding his application. The home office cannot by law take into account his compliance with the immigration rules after he had made his application. he should do himself a favour, save the tuition fees for more important stuff, and quit the course.

saanju9 wrote:

Dik wrote:you are technically legal and settled in Britain once you have you have completed 10 years lawful residence in the UK. You do not need to go to college anymore to regularise your status. Do yourself a favour by quiting the course. I'M 100 per cent sure.

k77 wrote:HI guys,
I have applied for my Indefinite leave on the basis of 10 years rule. I have a student visa which expires in 2014. My 10 years were completed last december without any problem with the home office..Do i still need to go to college for studies as my application is still with home office.
Will my application be affected if College report me to the UKBA? Please reply to these questions.People who have gone through similar situations please post your comments.

@ Dik : He is not settled in Britain unless he is granted ILR. He has completed 10yrs lawful residence in UK but his application is still pending on decision and that means his previous visa terms and conditions still apply.

k77 : questions: 1. when did u apply your SET(M). 2. why do you want to quit.
3. My suggestion is why do want to risk for a short while (unless there is a good enough reason).

the school, college or Uni which u are enrolled will have to notify UKBA if you quit the course and then the question is weather you have enrolled in any other course or college within a set time frame.

and yes as DIK said you could take chances but consider if it is worth or not.

this is my opinion. and if there is any reference that DIK could provide to support his argument, then you can find yourself at the other side of the river.

IF not my advise would be to stick to it for a little while and you will be through this pain

Saanju

DIK is right. 10 years ILR is all about a continuous 10 years of lawful residence. Case worker should not consider any events outside that time period.

but bear in mind if the college reports him as a leaver before the ILR approval date then he will have problem gaining Citizenship one year after as breaking the law will count as part of bad immigration history.

Hi Sanju9 and DIK
Thanks for your comments and suggesitions
Due to my financial status i want to quit my course as currently i have difficulty paying the fee.

k77 wrote:Hi Sanju9 and DIK
Thanks for your comments and suggesitions
Due to my financial status i want to quit my course as currently i have difficulty paying the fee.

Consider "suspension of studies" option if you are likely to come back to the course when you have money. I do not know how far you already progressed in your course, but is it worth leaving it altogether?

DIK is right. 10 years ILR is all about a continuous 10 years of lawful residence. Case worker should not consider any events outside that time period.

but bear in mind if the college reports him as a leaver before the ILR approval date then he will have problem gaining Citizenship one year after as breaking the law will count as part of bad immigration history.[/quote]
If anyone is on student visa and not attending the college then that is classed as breach of visa conditions. breach of visa conditions will definitely jeopardize any further leave to remain in the UK including ILR on any basis. some may be lucky to sail through without being caught but some may face nasty situation due to silly mistake or Ignorance. If it was me, I would not take that risk, It is difficult when you are in financial difficulty but think about 10 years of hard times and struggles in foreign soil,

you have taken a very good decision to quit the course. stick to this decision. don't change your mind. don't listen to the others telling you not to quit. I'm 100 per cent sure you will get your ILR and citizenship. I can feel your financial circumstances. I wish you all the best.

k77 wrote:Hi Sanju9 and DIK
Thanks for your comments and suggesitions
Due to my financial status i want to quit my course as currently i have difficulty paying the fee.

even I was in same situation. But in my case my college got closed but it was not revoked from the ukba list yet. Also at that time I have completed my 10 years. Later I recieved a letter either apply for visa or leave country b4 August. I applied for ILR before August. Ideally UKBA decide on 10 year lawful residence based on which we apply ILR. if they are taking months and months in deciding its on their end. But again u never know ukba.

Graceofgod wrote:DIK is right. 10 years ILR is all about a continuous 10 years of lawful residence. Case worker should not consider any events outside that time period.

but bear in mind if the college reports him as a leaver before the ILR approval date then he will have problem gaining Citizenship one year after as breaking the law will count as part of bad immigration history.

If anyone is on student visa and not attending the college then that is classed as breach of visa conditions. breach of visa conditions will definitely jeopardize any further leave to remain in the UK including ILR on any basis. some may be lucky to sail through without being caught but some may face nasty situation due to silly mistake or Ignorance. If it was me, I would not take that risk, It is difficult when you are in financial difficulty but think about 10 years of hard times and struggles in foreign soil,[/quote]

Dik wrote:you have taken a very good decision to quit the course. stick to this decision. don't change your mind. don't listen to the others telling you not to quit. I'm 100 per cent sure you will get your ILR and citizenship. I can feel your financial circumstances. I wish you all the best.

k77 wrote:Hi Sanju9 and DIK
Thanks for your comments and suggesitions
Due to my financial status i want to quit my course as currently i have difficulty paying the fee.

Dik : can we have any references...

K77 : we are only making suggestions and you have to make the decision yourself... and you are the only person who will face the result (good or bad) of the decision you make.

As I can see, you have applied at the start of Dec 2012 and merely its another 3 months.. As far as I can remember you do not need to pay the fees to attend the classes or write the exams... correct me if rules have changed recently... but this has been always the case... Just attend the classes and that would be more than sufficient...

Yes it might be the case that the case worker will consider the 10
yrs before the application was made but as your visa is still linked to a course and the course is not finished ... and now if you just stop attending the course ... it is technically an abuse of your visa.. So in the meantime if (and thats a big IF and you should have loads of bad luck) the UKBA catch hold of you with the abuse of visa... yes you are gone of good out of the country...

However, the chances of them catching you are very very slim... so you shouldn't have a problem... and if your financial status is in real real problem
you might take that risk

Saanju

I have put this question before the people here for two reasons Firstly a lot of people are in this situation.Recently i have contacted the solicitor and he asked me once you apply on the basis of lawful 10 year ILR it does not matter whether you go or not to college as long as you had been living lawfully before your application.However another solicitor advised me to go to college untill my application is decided,just to be on the safe side.It seems that people are divided on this issue.However if we look into 10 year rule, it says that one should live continiously and lawfully for 10 years to be eligible for ILR.But like NAT said you never know UKBA how they are going to interpret the particular rule or decide on the application.By the way why they stopped interview service for ILR 10 year? they used to have that service for this category.The fee they charge is too high and the amount of time they take is painfully long duration. What a mockery of justice.

nats wrote:even I was in same situation. But in my case my college got closed but it was not revoked from the ukba list yet. Also at that time I have completed my 10 years. Later I recieved a letter either apply for visa or leave country b4 August. I applied for ILR before August. Ideally UKBA decide on 10 year lawful residence based on which we apply ILR. if they are taking months and months in deciding its on their end. But again u never know ukba.

Nats: yours is slightly different... it is the college got busted... you got no choice ... so even if the UKBA comes to you... you could say I am looking for a new course ... i think thats a good excuse

S

HI saanju9,
can you further explain by not paying the fee and attending the classes. what if the college stops you from attending the classes by not paying the fee?

Hi all

My wife sent a ROD form on the 6th, case worker's accompanying letter is dated the 9th. These guys can be reliable when they want. We got the document on the 13th (wonder if the caseworker may have been tempted to just deal with the case since it was in its 30th week since submission). Anyway not this time, the wait continues!

Hwima wrote:Hi all

My wife sent a ROD form on the 6th, case worker's accompanying letter is dated the 9th. These guys can be reliable when they want. We got the document on the 13th (wonder if the caseworker may have been tempted to just deal with the case since it was in its 30th week since submission). Anyway not this time, the wait continues!

Hi when u sent a ROD did you withdrawn ur application or only ur wifes passport?

k77 wrote:I have put this question before the people here for two reasons Firstly a lot of people are in this situation.Recently i have contacted the solicitor and he asked me once you apply on the basis of lawful 10 year ILR it does not matter whether you go or not to college as long as you had been living lawfully before your application.However another solicitor advised me to go to college untill my application is decided,just to be on the safe side.It seems that people are divided on this issue.However if we look into 10 year rule, it says that one should live continiously and lawfully for 10 years to be eligible for ILR.But like NAT said you never know UKBA how they are going to interpret the particular rule or decide on the application.By the way why they stopped interview service for ILR 10 year? they used to have that service for this category.The fee they charge is too high and the amount of time they take is painfully long duration. What a mockery of justice.

You have got all the opinions and advices and you and ONLY you know your personal situation. So decision is yours. I only add this that once somebody completed 10 years, they have fulfilled the criteria to apply for ILR, now their leave is extended by the virtue of 3C until the decision is made but their status is still the same what it was before application until ILR granted. As for UKBA's policies and laws, it is their world and we are living in it, can't really do anything about it apart from playing by the rules. Best of luck to you as patience is virtue.

shendean wrote:

Hwima wrote:Hi all

My wife sent a ROD form on the 6th, case worker's accompanying letter is dated the 9th. These guys can be reliable when they want. We got the document on the 13th (wonder if the caseworker may have been tempted to just deal with the case since it was in its 30th week since submission). Anyway not this time, the wait continues!

Hi when u sent a ROD did you withdrawn ur application or only ur wifes passport?

Hi

Only my wife's documents. No chance i'd withdraw after this long wait. All in February. I thought I should share as some people report its taken up to 2 months when they have requested documents. Perhaps it takes longer if one is withdrawing the whole application.