Immigrationboards.com

Dear All,

Please kindly take time to peruse the information below, your advise and suggestions will be highly appreciated.

I am currently studying a PhD on a Tier 4 Student visa which was issued in Feb 2014 and due to expire in May 2018. I would be eligible to apply for ILR under the 10 year long residence by October 2018 (1st entry was in October 2008). Hence, i need to find a way to buy some time i.e. A gap of 4 months between current visa expiration (May 2018) and ILR eligibility month (October 2018).

Note - Student visa extension not possible as university has refused to issue CAS and suggesting i leave the country to complete the course or reapply for entry. Hence, that is not an option.

What sort of application would be best for me in this situation?

See timeline Below:

Target - 10 year route - indefinite leave

1st student visa issue date - September 2008

1st entry into Uk as student - October 2008

Current Tier 4 - PhD information Systems

Current Tier 4 issue date - 02/2014

Current Tier 4 visa expiry date - May 2018

Eligible for 10 years ILR in October 2018


Dependants


Dependants 1st entry into UK (wife and son) - December 2010

Note- Son born in Nigeria on June 2009 (8 year old now)

Dependants departure from UK ( wife & son) - June 2012

Dependants return to uk ( wife & son) - April 2014

Additional dependant born in the uk (Daughter) - February 2015

There is no easy way to fill up such a gap. One way is to leave the UK as suggested by the Uni and BEFORE your visa expiry, then return within 6 months with a new visa. This way your continuous period of stay will not be broken.

Hi Zimba88, I don’t understand what you mean by saying leaving the UK, re-applying out of the country and re-entering.

My understanding is that once you leave the shores of the UK and your Visa expires while out of the country, that automatically breaks your long residency continuous period....I stand corrected with references...

Banglore42 wrote: ↑

Tue Jan 09, 2018 10:18 pm

My understanding is that once you leave the shores of the UK and your Visa expires while out of the country, that automatically breaks your long residency continuous period....I stand corrected with references...

No it does not as long as you re-enter the UK with another visa before 180 days has passed. This is clearly mention in the caseworker guidance notes that if a migrant leaves the UK with valid leave and returns with a new visa within 180 days, continuity is NOT broken.

https://www.gov.uk/government/uploads/s ... -v15_0.pdf

Can't OP find a job and apply for Tier 2 (G) visa?

I think one can switch into Tier 2 from Tier 4 if you have successfully completed your degree OR you have completed a minimum 12 months of study in the UK towards a UK PhD during your current period of leave.