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PSW & Indefinite Leave to Remain 10 years
Posted: Sun Aug 03, 2008 1:42 am
by junni4u
Hi,
Dear members i got a question relating to 'Indefinite Leave to Remain' after 10 years, i have just graduated my masters degree and now planing to apply for PSW (Post Study Work) which is MAX 2 years duration, but my question is i have stayed in UK for exactly 8 years and 2 months,if i get PSW VISA for duration of 2 years, would i be eligible to apply for 'Indefinite Leave to Remain' in this category after completing 10 years of legally staying in United Kingdom.
Kind regards
PSW is not counted
Posted: Sun Aug 03, 2008 8:41 am
by orangetick
As far as I am aware it is not counted under 10 years.
But best is to call home office helpline and ask quick question.
In my opinion it is better to apply for Tier1.
Posted: Sun Aug 03, 2008 8:42 am
by orangetick
One more thing those people keep changing laws who knows after 2 years they might increase to 15 years rule to apply for indefinate leave.
Posted: Sun Aug 03, 2008 11:07 am
by kito
it seems PSW is counted towards 10 years settlement (ILR), check the last question in
http://www.ukcisa.org.uk/student/working_after.php
Posted: Mon Aug 04, 2008 8:12 am
by RAJ2007
It does not matter what visa you are on, as long as you are staying in UK legally and continuously for 10yrs you will be eligible for 10yrs iLR.
But the question is that whether HO is going to abolish this rule in few yrs time? The chances are most likely. Therefore don't depend on that rule.
Time spent in the Tier1(PSW)doesnot count for 10 years
Posted: Sun Mar 22, 2009 2:20 am
by aashraf
Time spent in the Tier 1 (Post-Study Work) category does not count towards the period an individual needs to spend in the United Kingdom before being eligible to apply for indefinite leave to remain.
Leave in the Tier 1 (Post-Study Work) category does not lead to settlement.
Posted: Sun Mar 22, 2009 3:06 am
by phoenix777
RAJ2007 wrote:It does not matter what visa you are on, as long as you are staying in UK legally and continuously for 10yrs you will be eligible for 10yrs iLR.
But the question is that whether HO is going to abolish this rule in few yrs time? The chances are most likely. Therefore don't depend on that rule.
- 10 years to ILR is the european union law not british law. other countries in european union is 5 years. britain itself can't change the law. all countries in european union should be together to change this law. this law is based on human rights.
Posted: Sun Mar 22, 2009 6:36 am
by heman
it wont take time to change that rule as other European countries are thinking the same thing
Posted: Sun Mar 22, 2009 7:35 am
by RAJ2007
aasraf,
My friend who was on PSW got ILR on the basis of 10yrs long stay (refer Chapter 18 of the Immigration Directorates Instruction). For 10yrs ILR it does not matter which you were on. The thing that you are mentioning relates to 5yrs ILR. Yes it does not count towards 5yrs ILR since it is not a work permit or HSMP. I think you need to read HO website properly.
Posted: Sun Mar 22, 2009 4:47 pm
by riaz
hi junni
As for as i remember once i waching tv programe " marks and marks" solicitors and it was said by a solicitor tht you can get indifinite leave to remain if u been in this country legally for 10 yrs. means that it should be included but pls ask a immigration solicitor as well.
thnx
Posted: Mon Mar 23, 2009 12:18 am
by vinny
RAJ2007 wrote:aasraf,
My friend who was on PSW got ILR on the basis of 10yrs long stay (refer Chapter 18 of the Immigration Directorates Instruction). For 10yrs ILR it does not matter which you were on. The thing that you are mentioning relates to 5yrs ILR. Yes it does not count towards 5yrs ILR since it is not a work permit or HSMP. I think you need to read HO website properly.
Concur.
10 yrs legal stay or 14 yrs illegal stay accoutns to PR
Posted: Mon Mar 23, 2009 3:16 am
by manjit14
10 yrs legal stay or 14 yrs illegal stay accounts to you being successful for iLR, but YES, it might happen quite frankly in a few yrs to come that the minimum yrs might get either extended or scrapped all together, it used to be 7 yrs legal and 10 yrs illegal 2-3 yrs back. so.. make your plans now mate, keep a back-up, Canada, Australia.
Re: PSW & Indefinite Leave to Remain 10 years
Posted: Tue Sep 01, 2009 3:18 pm
by YourContact
junni4u wrote:Hi,
Dear members i got a question relating to 'Indefinite Leave to Remain' after 10 years, i have just graduated my masters degree and now planing to apply for PSW (Post Study Work) which is MAX 2 years duration, but my question is i have stayed in UK for exactly 8 years and 2 months,if i get PSW VISA for duration of 2 years, would i be eligible to apply for 'Indefinite Leave to Remain' in this category after completing 10 years of legally staying in United Kingdom.
Kind regards
Heya Junni.
Yes, once you have completed the 10 years residency criteria, you can apply for Indefinite Leave to Remain based on the 10 year long residency concession...
Re: PSW & Indefinite Leave to Remain 10 years
Posted: Tue Sep 01, 2009 10:25 pm
by ash786
junni4u wrote:Hi,
Dear members i got a question relating to 'Indefinite Leave to Remain' after 10 years, i have just graduated my masters degree and now planing to apply for PSW (Post Study Work) which is MAX 2 years duration, but my question is i have stayed in UK for exactly 8 years and 2 months,if i get PSW VISA for duration of 2 years, would i be eligible to apply for 'Indefinite Leave to Remain' in this category after completing 10 years of legally staying in United Kingdom.
Kind regards
1. U can apply on the basis of 10 years regardless which visa u had over a period of 10 years assuming HO wud not chnage any rules.
Posted: Mon Sep 07, 2009 10:54 am
by Angelica
Hello guys,
This is a bit controversial.
On the PSW, HO do says it does not count towards settlement. but i send them email and thery do replied that it does count.
Sometimes they dont even know how to "word" a statement.
You can apply for ILR after 10 yrs legal stay irrespective of the type of.
Posted: Mon Sep 07, 2009 12:40 pm
by ash786
Angelica wrote:Hello guys,
This is a bit controversial.
On the PSW, HO do says it does not count towards settlement. but i send them email and thery do replied that it does count.
Sometimes they dont even know how to "word" a statement.
You can apply for ILR after 10 yrs legal stay irrespective of the type of.
1. Its not really controversial as its a basic rule.
2. PSW does not count towards 5 yeras rule.
3. PSW does count towards 10 and 15 years rule of long residence.
4. There is a whole topic about that on this issue so its not really new.
Posted: Mon Sep 07, 2009 12:42 pm
by ash786
Angelica wrote:Hello guys,
This is a bit controversial.
On the PSW, HO do says it does not count towards settlement. but i send them email and thery do replied that it does count.
Sometimes they dont even know how to "word" a statement.
You can apply for ILR after 10 yrs legal stay irrespective of the type of.
They know exactly how to word a statement as its you who need to understand the rule.
Posted: Mon Sep 07, 2009 2:43 pm
by Angelica
Quote From Ash
“They know exactly how to word a statement as its you who need to understand the rule.
1. Its not really controversial as its a basic rule.
2. PSW does not count towards 5 yeras rule.
3. PSW does count towards 10 and 15 years 
rule of long residence.
4. There is a whole topic about that on this issue so its not really new. “
Mr/Ms
Please tell me where this is explained or stated in UKBA website.
Basic rule where
http://www.ukba.homeoffice.gov.uk/worki ... ettlement/
Posted: Mon Sep 07, 2009 3:09 pm
by RAJ2007
I got ILR on the basis of 10yrs LR
9yrs -student
1yr-PSW
I got my ILR only a few weeks ago.
Therefore PSW is counted for 10yrs LR.
Posted: Mon Sep 07, 2009 4:04 pm
by John
Any legal stay is counted under a 10-year Long Residence application, even time as a visitor!
Posted: Mon Sep 07, 2009 4:43 pm
by ash786
Angelica wrote:Quote From Ash
“They know exactly how to word a statement as its you who need to understand the rule.
1. Its not really controversial as its a basic rule.
2. PSW does not count towards 5 yeras rule.
3. PSW does count towards 10 and 15 years rule of long residence.
4. There is a whole topic about that on this issue so its not really new. “
Mr/Ms
Please tell me where this is explained or stated in UKBA website.
Basic rule where
http://www.ukba.homeoffice.gov.uk/worki ... ettlement/
1. No u r confusing uself with 10 years rule and 5 years rule as both are different for PSW.
2. 10 years accept PSW and 5 years does not.
Posted: Mon Sep 07, 2009 8:47 pm
by Angelica
@John and RAJ
Of course i knew
it does count towards settlement based on 10 years legal stay. What i am trying to point out to Ash786 was UKBA do confuse a lot of people when they stated that in PSW. They never up till now clarify that.
Few of my guys were confused until we email home office for clarification.
What they stated on their website was
"it does not count", they did not state if they mean settlement via 5/10 years.
@ Ash786
Read that link very well and tell me where it was clarified.
I can also show you other examples where HO goofed
Posted: Mon Sep 07, 2009 9:00 pm
by Angelica
@Ash786
According to home office, the following set of people are eligible for PSW;
1) Students
2) student nurses
3) students resitting examination and
4) student writing up thesis
http://www.ukba.homeoffice.gov.uk/worki ... ouldapply/
Can all these set of people apply for PSW?
Answer= Noooooooo.
Posted: Mon Sep 07, 2009 10:22 pm
by ash786
Angelica wrote:@John and RAJ
Of course i knew
it does count towards settlement based on 10 years legal stay. What i am trying to point out to Ash786 was UKBA do confuse a lot of people when they stated that in PSW. They never up till now clarify that.
Few of my guys were confused until we email home office for clarification.
What they stated on their website was
"it does not count", they did not state if they mean settlement via 5/10 years.
@ Ash786
Read that link very well and tell me where it was clarified.
I can also show you other examples where HO goofed
1. I do not need to read the link as i kno exactly wat it means and how it works.
2. I can not say mush as i have clearly explained how PSW works in 5 years and 10 years and if u mixed up with that then i can not do much about it.
Posted: Mon Sep 07, 2009 10:40 pm
by Angelica
@Ash786
Waoh!
What is your guide on immigration rule?
Was UKBA not a guidance for everyone?