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Time in remand in presen and TIER4 (General student visa )

Posted: Fri Dec 20, 2024 2:02 pm
by Maram
Hello guys
I will almost complete 10 years in the UK next April
ِِAnd get some questions that need to be addressed.

1—First, I got a TIER4 (General student visa ) for 11 months and 4 days in 2015. Will that count as a Short-term study visa, and will it not count from the 10-year route?

2- I applied for refugee in March 2020 and the application was refused and been considered an asylum seeker from March 2020 till 28 November 2022 when I was been granted permission to stay in the UK under the
Immigration Rules for Family Members as a partner on the 10-year route to
settlement. dost that time will count as 10 years route ( march 2020 to 28 November 2022 )

3-In 2016-2018 I finished my Master's under a student visa, does that count?

4- I was in remand from October 2019 to February 2020 for 101 days in prison, but I was released with a suspended sentence ( not a prison sentence ) , dose these 101 days count as days from the 10-year route?

Re: Time in remand in presen and TIER4 (General student visa )

Posted: Mon Dec 23, 2024 9:38 am
by zimba
1. No. This visa still counts
2. Provide details of visa expiry and application dates, you may have broken your lawful stay
3. Why do you think a student visa does not count ???
4. No they do not, they will be excluded. However, your ILR could be refused as caseworkers has discretion to do so

Re: Time in remand in presen and TIER4 (General student visa )

Posted: Mon Feb 10, 2025 6:55 pm
by Maram
zimba wrote:
Mon Dec 23, 2024 9:38 am
2. Provide details of visa expiry and application dates, you may have broken your lawful stay
1- Entered the UK on 02/04/2015 on TIER4 (General student visa) for 11 months and 4 days in 2015)

2- Extended to a student visa T4 student for the academic English course till 1/1/2018

3- I applied for leave to remain on 25/08/2017 and get FLR FP. This was granted on 05-04-2018 and is valid until 05-10-2020

4- Applied for asylum seeker on 02/03/2020 and been granted immigration bail,
you are liable to be detained because you are a person without leave who has been served with a notice of liability to remove, or are a dependant of such a person.

5- Switched to Leave to remain as a parent FLR FP. This was granted on 28/11/2022 permission to stay in the UK until 28 May 2025

Re: Time in remand in presen and TIER4 (General student visa )

Posted: Mon Feb 10, 2025 8:44 pm
by zimba
Time spent under immigration bail does not count towards the lawful residence needed for long residence

See: Lawful and continuous residence changes to Long Residence route from 11 April 2024

Re: Time in remand in presen and TIER4 (General student visa )

Posted: Tue Feb 11, 2025 9:14 am
by Maram
Thanks, Zimba

I have another question when I applied to leave to remain switching from asylum seekers (imagination bail),I applied for that in March 2022 but I got the FLRFP in November 2022.

Do these 6 months count as LR or still count as imagination bail?


The continuous residence periods in CR 2.1, CR 2.2. and CR 2.2A. will be calculated by counting back from whichever of the following dates is the most beneficial to the applicant:

(a) the date of application; or

(b) any date up to 28 days after the date of application; or

(c) the date of decision; or

(d) for a person applying for settlement on the UK Ancestry route, the date of their last grant of permission.

This means that the unique and useful feature of a long residence ILR application being possible on a historic basis has ended. This was often a useful application for persons who had accrued long periods of residence but, for whatever reason, never made an application.

Re: Time in remand in presen and TIER4 (General student visa )

Posted: Tue Feb 11, 2025 12:44 pm
by zimba
Time spent waiting, you were still under immigration bail. So no

Re: Time in remand in presen and TIER4 (General student visa )

Posted: Thu Feb 13, 2025 8:18 pm
by Maram
Thanks for helping me
I have permission to stay in the UK until 28 May 2025, What is the best time to file a new application?

Re: Time in remand in presen and TIER4 (General student visa )

Posted: Fri Feb 14, 2025 12:48 am
by zimba
Shortly before visa expiry