10 Year Student, Will I be eligible ILR on the 10 yr rule?

Kayalami · Post by **Kayalami** » Sat Jul 22, 2006 7:29 pm

Where did you apply for the new student visa post your WP refusal - UK i.e. IND or British Diplomatic Post abroad?

sam_lam15 · Post by **sam_lam15** » Sat Jul 22, 2006 10:10 pm

hello Kayalami,
after my WP was refused, I still applied my student visas in the UK, my application was sent to IND Croydon, in fact, I've never left the country since then.

sam_lam15 · Post by **sam_lam15** » Sat Feb 03, 2007 6:05 pm

is there anybody to help? anyone has similar experience?

Post by **John** » Sat Feb 03, 2007 6:29 pm

After you got your passport back near the end of November 2003, and you getting your new student visa in January 2004, where were you? In the UK or abroad? And the new student visa, where obtained?

sam_lam15 · Post by **sam_lam15** » Sun Feb 04, 2007 5:23 pm

after I got my passport back near the end of November 2003, and you getting my new student visa in January 2004, I was in the UK, preparing for my new course (MSc Computer Science).

Post by **John** » Sun Feb 04, 2007 6:47 pm

Do you know when you applied for your new student visa? How long was it after you got your passport back that you applied for the student visa?

(I am just trying to work out if you have been "legal" at all times with in the UK.)

sam_lam15 · Post by **sam_lam15** » Mon Feb 05, 2007 11:43 am

Hello John,

my visa expired on the 15th NOV 2003, they rejected my WorkPermit on the 26th NOV.2003, and I received my passport back on 28th Nov. 2003. I applied new student visa 2 days later (1st DEC. 2003), and then waited for about 4 weeks, got my new passport back with a new student visa of 2-years. (new visa to 30th NOV. 2005)

I asked some solicitors, some said it is not my fault that the visa expired, I did NOT deliberately over-stayed, it's the HO delayed their decision on my application, and the delay caused by the post.

what do you think?

(PS. I, again renewed my student visa in NOV. 2005, my current visa lasts to JAN. 2010).

Post by **John** » Mon Feb 05, 2007 2:04 pm

what do you think?

I think it is totally OK for you to apply for ILR in September this year, or rather, specifically, not earlier than 28 days before the expiry of your 10 year period in the UK.

Why do I think this? Because of legislation known as Section 3C. That is, if an extension visa application is made before the expiry of the old visa, and the decision about that application is not made before the stated expiry date of the old visa, then the old visa is "treated as continuing" until they decide on the application, and if rejected, until the time for appealing against that rejection has expired.

Accordingly, based upon what you have posted, I think you have been "legal" at all times when in the UK, irrespective of the fact that a stated visa expiry date had passed.

Just one little problem you need to take into account. Given that you will be applying for ILR after 01.04.07, it is essential that you enclose a pass certificate from the Citizenship Test when making your application. So... question ... have you started to study for, or even pass, the Citizenship Test?

sam_lam15 · Post by **sam_lam15** » Mon Feb 05, 2007 8:12 pm

thanks John,

it is good to hear that, but do you think they will have a record for that? if not, how could I explain it to them without having the letter (WP rejection letter, I should have kept it)?

I have not started to study for Citizenship Test yet,

but isnt there a test called Knowledge in the UK Test (for ILR applicants) before the Citizen Test (for Citizenship applicants) ??
WHERE AND HOW TO START?

thanks for your help!

Post by **John** » Mon Feb 05, 2007 8:22 pm

it is good to hear that, but do you think they will have a record for that?

Yes I do.

isnt there a test called Knowledge in the UK Test (for ILR applicants) before the Citizen Test (for Citizenship applicants) ??

No, there is just one test. Currently that needs to be taken prior to applying for Naturalisation. But as from 02.04.07 any applicant for ILR needs to have passed the Life in the UK Citizenship Test. Having done so prior to getting ILR, they have not got to take another test prior to applying for Naturalisation.

There is a new version of the test issued soon. I suggest you wait for the new version to start, given that you have no great urgency in getting the pass certificate.

sam_lam15 · Post by **sam_lam15** » Mon Feb 05, 2007 8:30 pm

hello John
yes, at the moment I will wait for the new version,
Because I will be here for 10 years by August, (can not apply it now, and I have no great urgency)

thanks again for your help!

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10 Year Student, Will I be eligible ILR on the 10 yr rule?

10 Year Student, Will I be eligible ILR on the 10 yr rule?

really need your help