ILR - 10 years rule, student visa, please help

I applied ILR under 10 years rule by post before my last visa expired in Feb 2010.

I was on a student visa. My question is: I'm waiting for HO's decision on my ILR application. According to HO website:

What is my immigration status while my application is being decided?
If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. If your existing visa or other permission to stay here allows you to work, you can continue to do so until your case is decided.

Do I still have to attend full time class to maintain my student status?

Currently I'm studying myself without attending full time class. I am worried that HO will check whether I still fullfill my student status while considering my case.

Thank You!

Your existing leave is valid while your application is being decided (at least 7 months or more by current standards).

If you have finished the course for which you were given the student visa, I believe you may be able to study on your own while your case is being decided since your student visa still prevails. I believe (assuming you have finished your course) you may even be able to work full time as you can be deemed to be on vacation.

The above is hearsay from a visa officer though, someone out here may be in a better position to comment.

Foxy,

Thank you so much for replying.

One more question, what should I reply if the immigration officer inquire what I've been doing during this period while my visa is being considered?

I had a similar situation before where I waited for 8 months while applying for student visa. At that time immigration officer asked me to proof the time I was waiting.

My course has finished based on the visa letter from my previous tuition provider.

Thanks in advance.

Well, in the previous situation, I believe you were waiting for an extension to your student visa (or possibly the issuance of a new one), so it would make sense that he would ask to see what you were doing. Essentially, if you were asking for an extension, that would imply your studies were not done and although you were waiting for those 8 months, you should technically have carried on studying throughout if that makes any sense?

With regards to applying for ILR, you are now asking for permission to settle in the UK and you have finished your course and have remained legal in the country for 10 years. The only thing the UKBA would concern itself with is the legality of your stay in the UK, I believe even if you were on a tourist visa, it would still count towards your ILR. So, to come back to your question, once you get ILR, I don't think anyone would bother asking what you were doing during the time you were waiting for it. So, you might as well work and make some money as if you were on vacation (however, please get official confirmation of this, the rules of immigration are so complex, this is only my opinion).

With respect to carrying on studying, there may be a small caveat to consider in that the student visa you were given was for a specific course, I do not know if it would apply to a different course. Might be worth putting these two queries in an email to the UKBA and get them to reply to you. That way you have it in writing and would probably be in a safer position then.

Hope this helps.

When you apply for further leave to remain before the expiration of your current leave, you maintain your current status for as long as it takes for the application to be determined. In your case, you will retain your student status even if while you are waiting for a decision, your course concluded. As regards working, you are able to work full time during holidays and the usual restricted hours during term times. There is absolutely no reason to keep attending lectures if your course no longer requires. Sit back, relax and wait ( at least 7 months) for your application to be determined. Good luck.

foxy and thms,

Thank you very much for all the helpful information! I'll try to contact the UKBA and get an email confirmation.

As I said, you suggestion really helped and I really appreciated.

Thanks

I was in your Exact Same Situation!!! I was on student Visa when I applied for my ILR in August 2009 (Thank Got mine was Issued on Feb 17th 2010).

Well whilst I was waiting fro the outcome of my application, I called Home office to clarify my status as I had finished my Course in July *including final exam) and No longer had Term time and Holiday Time, i was very confused what would be my work permit status.
Well I was advised as follows:

1. You are allowed to work Full time up till a month before your Visa expires you leave the country... or

2. You are allowed to work up to 4 months after your have received the results of your final exam and then leave the country. If your Visa expires before the 4months then option 1 is your answer.

My Reply to her statement: *Now in our case* I said well I have applied for ILR, so i can not leave the country. and whilst my application is being decided I am aware my student status applies.

UKBA Agent puts me on hold, i guess spoke to her manager and returned with the following answer: You can work up to 4 months full time after results. But once 4 months has elapsed, I will need to stop work till a decision is made.

So with that, I worked till November and I had to quit my job. I didn't want to risk them rejecting my application cos I was working when i was not supposed to. You just never know. They ask for your NI Number, they may pick you application to do further background checks to see that you are adhering to your Current Visa Rule.

They they would not ask you what you are doing whilst they are deciding your application, I dont think its a good idea to keep working full time more that 4 months after your exam results have been released. That is what I was advised by UKBA and I will share that with you.

If anyone else has same experience, please share with. Since I stopped work, i cant tell you if i carried on working would have made a difference or not.

Just to add to information here,
I just called the Home Office and asked them what happens if my aplication is still under process and my passposrt is with the home office but my visa has expired during this time. The man there told me that in that case they would send a provisional stay document until the decision of the visa application and the applicant can stay in the UK until the decision on his / her application arrives.
Hope it helps.

I just called the Home Office and asked them what happens if my aplication is still under process and my passposrt is with the home office but my visa has expired during this time

But that whole question is based upon an assumption, but that assumption is wrong. That is, assuming the new visa was applied for prior to the expiry of the old visa, the old visa has not expired!

That is, you have so-called Section 3C protection. The old visa is "treated as continuing", and that protection continues until the visa application is dealt with, and should the application be rejected, until the time for appealing against that rejection has expired.

So you are not an overstayer .... you still have a valid visa, even if the stated expiry date has passed.

John wrote:

I just called the Home Office and asked them what happens if my aplication is still under process and my passposrt is with the home office but my visa has expired during this time

But that whole question is based upon an assumption, but that assumption is wrong. That is, assuming the new visa was applied for prior to the expiry of the old visa, the old visa has not expired!

That is, you have so-called Section 3C protection. The old visa is "treated as continuing", and that protection continues until the visa application is dealt with, and should the application be rejected, until the time for appealing against that rejection has expired.

So you are not an overstayer .... you still have a valid visa, even if the stated expiry date has passed.

Thank you for the clarification of my statement. That's what I meant ... that the old visa was valid at the time of making the application.