ILR and Student VISA restrictions

[sashank]

Dear All

I have applied for ILR (Long Residency) couple of weeks ago. When I sent the application, I was on vacation from the college. My vacation is completed and my passport is with the HO under consideration (Because its only 2 weeks). My queries are

1. Do I go back to college? Note that I have not applied for Student visa rather the settlement visa.

2. Any restriction on employment?

Thanking all in advance

SAS

[VictoriaS]

Did you have a valid visa before you applied for ILR? What was it and when did/does it expire?

Victoria

[sashank]

Did you have a valid visa before you applied for ILR? What was it and when did/does it expire?

Victoria

Hi Victoria
I had vaild visa when I applied for ILR infact my visa expires on 31st Oct 2007. When I extended my visa, my course was until the end of August. The visa was student visa. I completed my 10 years period on 17th Aug and applied for ILR on 21st Aug 2007.

Thanking in advance
SAS

[John]

It will hopefully be the case that your ILR application will be dealt with prior to the expiry date of the current student visa. However even if that is not the case you will have so-called Section 3C protection. That is, because the application for the new visa was made prior to the expiry date of the old one, the old one is "treated as continuing" until they actually deal with the application. Accordingly you will not suddenly become an overstayer on 01.11.07! Your student visa will remain in force!

So in answer to your questions, yes of course go back to college, if that is what you want to do. As regards the employment question, it really is the case that the student visa is "treated as continuing" and thus the restrictions on student visa holders will continue. But hopefully this is just a theoretical situation for you, and the ILR will come through soon, and when granted that will obviously supersede the former student visa.

[sashank]

Hi John
You are brilliant in this matter, would you have a look in the following concerns for me please?

Your student visa will remain in force.

Will my student visa remain force or section 3c will protect me from being overstayer?

So in answer to your questions, yes of course go back to college, if that is what you want to do.

This is not the matter of liking or disliking. Do I have to or not necessary because my logic is:

If I had sent my passport for the extension of student visa then I would certainly go back to college because my prime objective would be to study. But this time I have applied for ILR, NOT STUDENT, and if I enrol for a college today with good few grands and receive ILR tomorrow, I would be sort of penalized with the fee because I can do distance learning and hoping to complete my studies in this december.

As regards the employment question, it really is the case that the student visa is "treated as continuing" and thus the restrictions on student visa holders will continue.

I totally agree on this.

But hopefully this is just a theoretical situation for you, and the ILR will come through soon, and when granted that will obviously supersede the former student visa.

Lets hope so.

Thanks
SAS

[John]

Will my student visa remain force or section 3c will protect me from being overstayer?

Both! Because your old visa will be "treated as continuing" you will not be an overstayer.

The fee to college? I am open to correction but I don't think that you getting ILR will have any impact upon the fee payable to the college.

[aboudi]

You will not get home fee status when you get ILR becuse you were a student for the past three years thus you do not pass the residency requierment for that matter

[sashank]

My simple question was whether I need to go back to college or not because I have applied for ILR not student visa and I do not want to attend college to complete my studies rather do distance learning because of finances.
SAS

[John]

Let's put it this way, I would be surprised if they checked whether you had returned as a student this term, before deciding whether to grant the ILR or not.

But technically whilst the student visa is valid ... and that includes the "treated as continuing" period ... you should be studying during term-time.

[VictoriaS]

I am not sure about this.

I think it will depend on what the student visa was originally granted for, and what this continuing course is. If the student visa was granted for a course which is now finished, I don't think it would be a good idea to start another course.

Victoria

[sashank]

Many Thanks Vikky and John,

My course is not finished but I do not want to continue going to college but rather do distance learning which will save me a hell of a lot money.

I would definately go back to college if I sent my application for student visa but as I have applied for ILR, I am stuck with no definate answer however JOHN says need to go back to college and that makes sense too.

Thanks again Vikky and John
SAS