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Student visa + WP + Tier1 = ILR ???

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skyisthelimit
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Student visa + WP + Tier1 = ILR ???

Post by skyisthelimit » Thu Jun 11, 2009 3:45 pm

Hi guys/girls,

I am posting regarding something thats been running through my head for the past few months.

So here it is...

Students who are now on WP/Tier1, and have lawfully been in UK for total of 5 yrs+ should be able to apply for ILR.

Atleast this is far better than asylum seekers being able to apply for ILR after 5 years.

I feel this is something that must be reviewed by the Home Office.

Anyone think alike???

Thanks!

skyisthelimit
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Post by skyisthelimit » Thu Jun 11, 2009 4:06 pm

Also...

I have been in UK for 6.5 years,

4 yrs- student visa

1.5 yrs - WP

1 yr - Tier1

Is it possible for me to apply for ILR?

f2k
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Posts: 1423
Joined: Mon Sep 13, 2004 6:14 pm
Location: London

Post by f2k » Thu Jun 11, 2009 4:30 pm

skyisthelimit wrote:Also...
I have been in UK for 6.5 years,
4 yrs- student visa
1.5 yrs - WP
1 yr - Tier1

Is it possible for me to apply for ILR?
under current legislation. 2.5years time using Tier 1.

PaperPusher
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Location: London

Post by PaperPusher » Thu Jun 11, 2009 4:32 pm

No it isn't possible to apply for ILR based on 4 years as a student, 1.5 on a work permit and 1 on Tier 1. Or rather, you could but your application would be refused.

skyisthelimit
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Joined: Mon Jul 14, 2008 10:24 am

Post by skyisthelimit » Thu Jun 11, 2009 4:49 pm

f2k wrote:
skyisthelimit wrote:Also...
I have been in UK for 6.5 years,
4 yrs- student visa
1.5 yrs - WP
1 yr - Tier1

Is it possible for me to apply for ILR?
under current legislation. 2.5years time using Tier 1.
Does that mean that under current legistation, I will be able to apply after 1.5 or 2.5 yrs?
Last edited by skyisthelimit on Thu Jun 11, 2009 4:50 pm, edited 1 time in total.

nksg
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Post by nksg » Thu Jun 11, 2009 4:50 pm

I wish you could..

My case.. 1.5 years Student
2 yrs WP
and 2 + yrs on HSMP

but will have to wait for 10 months for ILR.
skyisthelimit wrote:Also...

I have been in UK for 6.5 years,

4 yrs- student visa

1.5 yrs - WP

1 yr - Tier1

Is it possible for me to apply for ILR?

nksg
Senior Member
Posts: 653
Joined: Wed Mar 12, 2008 1:55 pm

Post by nksg » Thu Jun 11, 2009 4:52 pm

To the best of my knowledge, any time spent under student visa is not counted towards ILR...
skyisthelimit wrote:
f2k wrote:
skyisthelimit wrote:Also...
I have been in UK for 6.5 years,
4 yrs- student visa
1.5 yrs - WP
1 yr - Tier1

Is it possible for me to apply for ILR?
under current legislation. 2.5years time using Tier 1.
Does that mean that under current legistation, I will be able to apply after 1.5 or 2.5 yrs?

skyisthelimit
Newly Registered
Posts: 18
Joined: Mon Jul 14, 2008 10:24 am

Post by skyisthelimit » Thu Jun 11, 2009 5:00 pm

nksg wrote:To the best of my knowledge, any time spent under student visa is not counted towards ILR...
skyisthelimit wrote:
f2k wrote:
skyisthelimit wrote:Also...
I have been in UK for 6.5 years,
4 yrs- student visa
1.5 yrs - WP
1 yr - Tier1

Is it possible for me to apply for ILR?
under current legislation. 2.5years time using Tier 1.
Does that mean that under current legistation, I will be able to apply after 1.5 or 2.5 yrs?
Thats such a shame...Is it possible to raise our concerns in the court?
(did u hear about the Indian guy who sued a law firm for not considering his CV because he didn't have a WP...And won :) )

Also, the requirements for ILR donot state that time spent under Student visa will be disregarded...All it says it that you should have stayed lawfully in UK for 5 yrs, and have Tier1 or WP.

Correct me if I am wrong....

Also,

PaperPusher
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Location: London

Post by PaperPusher » Thu Jun 11, 2009 5:07 pm

You are wrong.

PaperPusher
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Post by PaperPusher » Thu Jun 11, 2009 5:14 pm

http://www.ukba.homeoffice.gov.uk/polic ... les/part5/
Requirements for indefinite leave to remain as a highly skilled migrant
135G. The requirements for indefinite leave to remain for a person who has been granted leave as a highly skilled migrant are that the applicant:

(i) has spent a continuous period of 5 years lawfully in the United Kingdom, of which the most recent period must have been spent with leave as a highly skilled migrant (in accordance with paragraphs 135A to 135F of these Rules), and the remainder must be made up of leave as a highly skilled migrant, leave as a work permit holder (under paragraphs 128 to 133 of these Rules), or leave as an Innovator (under paragraphs 210A to 210F of these Rules); and
Indefinite leave to remain for a work permit holder
134. Indefinite leave to remain may be granted on application to a person provided:

(i) he has spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a work permit holder (under paragraphs 128 to 133 of these rules), and the remainder must be any combination of leave as a work permit holder or leave as a highly skilled migrant (under paragraphs 135A to 135F of these rules) or leave as a self-employed lawyer (under the concession that appeared in Chapter 6, Section 1 Annex D of the Immigration Directorate Instructions), or leave as a writer, composer or artist (under paragraphs 232 to 237 of these rules);
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/
245E. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain, a Tier 1 (General) Migrant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must have spent a continuous period of 5 years Lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (General) Migrant, in any combination of the following categories:

(i) as a Tier 1 (General) Migrant,

(ii) as a Highly Skilled Migrant,

(iii) as a Work Permit Holder,

(iv) as an Innovator,

(v) as a Self-Employed Lawyer,

(vi) as a Writer, Composer or Artist,

(vii) as a Tier 2 Migrant.

skyisthelimit
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Posts: 18
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Post by skyisthelimit » Thu Jun 11, 2009 5:33 pm

Thanks for the info...

While on student visa, I worked 1 yr full time as part of my course under industrial placement...any chance that would count for ILR?

PaperPusher
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Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

What do you think?

Post by PaperPusher » Thu Jun 11, 2009 5:36 pm

Please read the above again, more carefully this time, and then give us your conclusion. I presume you are talking about ILR that isn't under the 10 year long residency rules/concession.

hsmpengineer
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Post by hsmpengineer » Mon Jun 22, 2009 1:23 pm

[quote="skyisthelimit"]Thanks for the info...

While on student visa, I worked 1 yr full time as part of my course under industrial placement...any chance that would count for ILR?[/quote]

mate there's no chance at all of that happening!!! not in a million years! 10yrs living lawfully in the UK (student visa, WP, HSMP etc) except visit visas and you're fine. OR 5yrs combination of HSMP/WP/Tier 1 and again you're fine.

The only likely change that may be realistic is for the home office to include immigrants time spent working under SEGS during the time when SEGS was still linked to the UK skills shortage list. Even that is a long shot! :-(

rebchang
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Post by rebchang » Mon Jun 29, 2009 5:13 pm

Is the following allowed for the 10 year ILR rule??

7 years student + 3 years work permit = 10 year = ILR ??

Been wondering as to when to apply for ILR but wasn't certain at all. Hopefully I can get some sort of help/advice around here...many thanks

f2k
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Posts: 1423
Joined: Mon Sep 13, 2004 6:14 pm
Location: London

Post by f2k » Mon Jun 29, 2009 5:20 pm

rebchang wrote:Is the following allowed for the 10 year ILR rule??

7 years student + 3 years work permit = 10 year = ILR ??

Been wondering as to when to apply for ILR but wasn't certain at all. Hopefully I can get some sort of help/advice around here...many thanks
YES! so long you dont have any breaks in visas and meet the absence requirement

rebchang
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Post by rebchang » Mon Jun 29, 2009 5:22 pm

f2k wrote:
rebchang wrote:Is the following allowed for the 10 year ILR rule??

7 years student + 3 years work permit = 10 year = ILR ??

Been wondering as to when to apply for ILR but wasn't certain at all. Hopefully I can get some sort of help/advice around here...many thanks
YES! so long you dont have any breaks in visas and meet the absence requirement
Thank you so much...had been told that I can't mix student visa and WP to make it 10 years. :D :D :D

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