Advise on applying for ILR (10 year rule)

[tenn123]

Hello everyone,

Hope someone can help with some advise.

I am looking to apply for ILR under the 10 year rule and am looking for advise on whether I qualify for this.

The facts:

- I came to the UK in 10th May 1998 as a visitor on a 6 month visa, and stayed for 5 months (may 98 - Oct 98.
- I then went back to Kenya for nearly 2 months (end of Oct 98 - mid Dec 98. then returned as a student.
- I have been a student from 19 Dec 1998 to date (currently have a student visa until 30 Apr 2008)

To summarise, I will have been in the UK for 10 years in total on the 10th May 2008, with 5 months of those as a visitor, 2 months back in Kenya, and 9 years 7 months as a student.

However, I have a few questions:

1. Will the fact that I was both a visitor and a student be a problem in qualifying for the 10 year rule?
2. As I had a break of 2 months, during the change from visitor to student, will this be a problem?
3. As my current visa is until the 30 Apr 05, and the 10 years is on the 10th May 2008. Will this be a problem as the visa will have expired 9 days before the 10 years?

Please advise,

Tenn123.

[sakura]

Hello everyone,

Hope someone can help with some advise.

I am looking to apply for ILR under the 10 year rule and am looking for advise on whether I qualify for this.

The facts:

- I came to the UK in 10th May 1998 as a visitor on a 6 month visa, and stayed for 5 months (may 98 - Oct 98.
- I then went back to Kenya for nearly 2 months (end of Oct 98 - mid Dec 98. then returned as a student.
- I have been a student from 19 Dec 1998 to date (currently have a student visa until 30 Apr 2008)

To summarise, I will have been in the UK for 10 years in total on the 10th May 2008, with 5 months of those as a visitor, 2 months back in Kenya, and 9 years 7 months as a student.

However, I have a few questions:

1. Will the fact that I was both a visitor and a student be a problem in qualifying for the 10 year rule?
2. As I had a break of 2 months, during the change from visitor to student, will this be a problem?
3. As my current visa is until the 30 Apr 05, and the 10 years is on the 10th May 2008. Will this be a problem as the visa will have expired 9 days before the 10 years?

Please advise,

Tenn123.

Let's get more details...
Did your visitor's visa expire when you went back to Kenya, then you got a student visa?

[IMMIGRATION LAWYER]

Hello,

No, you would only qualify from the date you entered the UK as a student.

If you had to leave the UK in order to extend your visa outside of the UK that does not qualify as continious residence.

[tenn123]

Thanks for the reply guys,

Sakura,

To answer your question, my visa expired while in Kenya, not when still in the UK.

Regards,

Tenn123

[sakura]

Thanks for the reply guys,

Sakura,

To answer your question, my visa expired while in Kenya, not when still in the UK.

Regards,

Tenn123

As with immigration lawyer's point, your start date for ILR should be 19 Dec 1998, not May, because your visa expired whilst out of the country, which constitutes a break in your stay here.

[herts]

Hi tenn and members,
I have been in Uk for 3 years now. I want to do a course in electronics which costs 400 pounds for british and EU people. Could you please let me know will I be charges 400 pounds or more as I am from India.

[sakura]

Hi tenn and members,
I have been in Uk for 3 years now. I want to do a course in electronics which costs 400 pounds for british and EU people. Could you please let me know will I be charges 400 pounds or more as I am from India.

If you don't have ILR/PR or equivalent, you are an International fee payer. No two ways about it, as you would also need to provide evidence to show otherwise.