10 years long residence applications

[Shaylin]

Hi,

I wondering what month/date are currently being processed? I applied on 22 June and it's coming onto 6 months now with final decision pending. I'm not sure if I should reach out to my local MP to help chase up.

Thanks

@ Shaylin,

Check with HO first on 22 Dec.

Thanks, would you know what applications are being processed at the moment?

[Spidery_thread]

Hi,

Post study work expires on 08/10/2011
FLRM applied on 05/10/2011
Visa Issued on 20/10/2012 after interview.
Visa valid from 20/10/2012 to 20/10/2014.

I have lived in this country since 2005.

When am i due to applying ILR.

I am really confused. Pls let me know. Many Thanks

@Atim,

I had PSW. and then I'm married to my cousin who is british.

After 2 Years.

[dipmm2000d]

Hi,

Post study work expires on 08/10/2011
FLRM applied on 05/10/2011
Visa Issued on 20/10/2012 after interview.
Visa valid from 20/10/2012 to 20/10/2014.

I have lived in this country since 2005.

When am i due to applying ILR.

I am really confused. Pls let me know. Many Thanks

@Atim,

I had PSW. and then I'm married to my cousin who is british.

Were you dependant to PSW Visa Holder? or You also had PSW?

Unfortunately you fall in the 5 Year spouse rule. You'll need to extend your spouse visa in 2014.(It will may be issued until end 2017).

You complete 5 years on spouse visa on 19 Oct 2017.

But you can apply ILR on the basis of Long Residence in 2015(According to current rules).

He needs to complte 2 years as his application date is pre 9 july 2012
n accordingly he got 2 years visa not 2 n half years under new rule.

[Spidery_thread]

@Atim,

I had PSW. and then I'm married to my cousin who is british.

Were you dependant to PSW Visa Holder? or You also had PSW?

Unfortunately you fall in the 5 Year spouse rule. You'll need to extend your spouse visa in 2014.(It will may be issued until end 2017).

You complete 5 years on spouse visa on 19 Oct 2017.

But you can apply ILR on the basis of Long Residence in 2015(According to current rules).

He needs to complte 2 years as his application date is pre 9 july 2012
n accordingly he got 2 years visa not 2 n half years under new rule.

@ dipmm2000d,

Some thing is not right in the dates.....

[Spidery_thread]

@Atim,

I had PSW. and then I'm married to my cousin who is british.

Were you dependant to PSW Visa Holder? or You also had PSW?

Unfortunately you fall in the 5 Year spouse rule. You'll need to extend your spouse visa in 2014.(It will may be issued until end 2017).

You complete 5 years on spouse visa on 19 Oct 2017.

But you can apply ILR on the basis of Long Residence in 2015(According to current rules).

He needs to complte 2 years as his application date is pre 9 july 2012
n accordingly he got 2 years visa not 2 n half years under new rule.

Hold on.... You applied FLR(M) in Oct 2011 and you were interviewed more than a year after in Oct 2012.

Did you write the dates correctly?

[Yulichka]

Hi Guys,

Got my passport and documents back today and letter confirming my ILR has been approved.

Documents posted from HO: 12/12/12 (lucky date)
Biometric awaiting

Good luck to everyone who is still waiting!!!

[Spidery_thread]

Hi Guys,

Got my passport and documents back today and letter confirming my ILR has been approved.

Documents posted from HO: 12/12/12 (lucky date)
Biometric awaiting

Good luck to everyone who is still waiting!!!

@Yulichka,

Congrates....When did you apply?

[Yulichka]

Hi Guys,

Got my passport and documents back today and letter confirming my ILR has been approved.

Documents posted from HO: 12/12/12 (lucky date)
Biometric awaiting

Good luck to everyone who is still waiting!!!

@Yulichka,

Congrates....When did you apply?

Thank you! I have applied on 29/05/2012, been waiting for 6,5months.

[Spidery_thread]

Did you contact HO, when 6 month were completed or just kept waiting?

[Ged]

Hey,
Actually, you can work full time if you applied for ILR if your most recent visa was a student visa. If you have successfully completed the course your visa was granted for and you applied for ILR before your most recent visa expired, then you are allowed to work full-time. I, myself, am in the same situation, and called the Home Office who referred me to the Department of Work and Pensions. The DoWP can confirm your individual right to work if you are unsure.
I cannot remember what their telephone number is, but I am sure if you look it up and give them a ring you can find out for yourself.

Best of luck.

Hi Gingerbread,
I would want to believe you but this sounds incredibly optimistic. Can you show any legislation, guidance note or at least a case example to support your view? I will be very surprised if this turns out to be true. If your recommendation is not true however, it may destroy 10 years of progress by people reading this post. You might be violating your visa conditions yourself.

Here is what the HO say;
"If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. You can continue to work until your case is decided if the conditions of your existing leave allows you to do so."

So, until the application is decided, a graduate remains frozen in the previous student visa conditions. Is this interpreted as students can start working since the education is over and they are in a vocation period therefore they can work full-time?

[dipmm2000d]

Hey,
Actually, you can work full time if you applied for ILR if your most recent visa was a student visa. If you have successfully completed the course your visa was granted for and you applied for ILR before your most recent visa expired, then you are allowed to work full-time. I, myself, am in the same situation, and called the Home Office who referred me to the Department of Work and Pensions. The DoWP can confirm your individual right to work if you are unsure.
I cannot remember what their telephone number is, but I am sure if you look it up and give them a ring you can find out for yourself.

Best of luck.

Hi Gingerbread,
I would want to believe you but this sounds incredibly optimistic. Can you show any legislation, guidance note or at least a case example to support your view? I will be very surprised if this turns out to be true. If your recommendation is not true however, it may destroy 10 years of progress by people reading this post. You might be violating your visa conditions yourself.

Here is what the HO say;
"If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. You can continue to work until your case is decided if the conditions of your existing leave allows you to do so."



So the until the application is decided, a graduate remains frozen in the previous student visa conditions. Is this interpreted as students can start working since the education is over and they are in a vocation period therefore they can work full-time?

What this means is u can do full time if you finished study in which case u must have to prmust have to provide documentary evidence that u finished ur course n expected result date. But after the publication of result u should not do more than 20 hrs as u cannot be on vacation for indefinite period of time. Then u should wait until ur ilr decision to start to work full time. Anyway u r not meant to fill permanant full time postion while r on student visa conditions.

[Yulichka]

Did you contact HO, when 6 month were completed or just kept waiting?

I have contacted them for the fist time 1 week short of 6month and they said to wait for 6month period to complete before they can provide me with any information. Since then, I have called every Thursday, untill last week, when they provided me with postal ref number for me to track my documents
So my only advice is to be patient and let the HO to sort out the backlog

[Spidery_thread]

Hey,
Actually, you can work full time if you applied for ILR if your most recent visa was a student visa. If you have successfully completed the course your visa was granted for and you applied for ILR before your most recent visa expired, then you are allowed to work full-time. I, myself, am in the same situation, and called the Home Office who referred me to the Department of Work and Pensions. The DoWP can confirm your individual right to work if you are unsure.
I cannot remember what their telephone number is, but I am sure if you look it up and give them a ring you can find out for yourself.

Best of luck.

Hi Gingerbread,
I would want to believe you but this sounds incredibly optimistic. Can you show any legislation, guidance note or at least a case example to support your view? I will be very surprised if this turns out to be true. If your recommendation is not true however, it may destroy 10 years of progress by people reading this post. You might be violating your visa conditions yourself.

Here is what the HO say;
"If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. You can continue to work until your case is decided if the conditions of your existing leave allows you to do so."



So the until the application is decided, a graduate remains frozen in the previous student visa conditions. Is this interpreted as students can start working since the education is over and they are in a vocation period therefore they can work full-time?

What this means is u can do full time if you finished study in which case u must have to prmust have to provide documentary evidence that u finished ur course n expected result date. But after the publication of result u should not do more than 20 hrs as u cannot be on vacation for indefinite period of time. Then u should wait until ur ilr decision to start to work full time. Anyway u r not meant to fill permanant full time postion while r on student visa conditions.

@Gingerbread,

Until one has is ILR, Spouse visa or Naturalised, the authority to work is controlled by UKBA not DWP. These conditions to work are mentioned upon approval of visa in any category.

Are you with me Ged?

[Ged]

Hey,
Actually, you can work full time if you applied for ILR if your most recent visa was a student visa. If you have successfully completed the course your visa was granted for and you applied for ILR before your most recent visa expired, then you are allowed to work full-time. I, myself, am in the same situation, and called the Home Office who referred me to the Department of Work and Pensions. The DoWP can confirm your individual right to work if you are unsure.
I cannot remember what their telephone number is, but I am sure if you look it up and give them a ring you can find out for yourself.

Best of luck.

Hi Gingerbread,
I would want to believe you but this sounds incredibly optimistic. Can you show any legislation, guidance note or at least a case example to support your view? I will be very surprised if this turns out to be true. If your recommendation is not true however, it may destroy 10 years of progress by people reading this post. You might be violating your visa conditions yourself.

Here is what the HO say;
"If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. You can continue to work until your case is decided if the conditions of your existing leave allows you to do so."



So the until the application is decided, a graduate remains frozen in the previous student visa conditions. Is this interpreted as students can start working since the education is over and they are in a vocation period therefore they can work full-time?

What this means is u can do full time if you finished study in which case u must have to prmust have to provide documentary evidence that u finished ur course n expected result date. But after the publication of result u should not do more than 20 hrs as u cannot be on vacation for indefinite period of time. Then u should wait until ur ilr decision to start to work full time. Anyway u r not meant to fill permanant full time postion while r on student visa conditions.

@Gingerbread,

Until one has is ILR, Spouse visa or Naturalised, the authority to work is controlled by UKBA not DWP. These conditions to work are mentioned upon approval of visa in any category.

Are you with me Ged?

Yes, what you are saying makes sense to me. However, if Gingerbread has evidence of what he is saying, it might be useful for many fresh graduate students.

[Spidery_thread]

There is no evidence of this on UKBA website and not even HO call centre staff will recommend it. If DWP has some thing new on this then it will be contradictory to UKBA rules and regulations.

[TRMs]

Hey,
Actually, you can work full time if you applied for ILR if your most recent visa was a student visa. If you have successfully completed the course your visa was granted for and you applied for ILR before your most recent visa expired, then you are allowed to work full-time. I, myself, am in the same situation, and called the Home Office who referred me to the Department of Work and Pensions. The DoWP can confirm your individual right to work if you are unsure.
I cannot remember what their telephone number is, but I am sure if you look it up and give them a ring you can find out for yourself.

Best of luck.

Hi Gingerbread,
I would want to believe you but this sounds incredibly optimistic. Can you show any legislation, guidance note or at least a case example to support your view? I will be very surprised if this turns out to be true. If your recommendation is not true however, it may destroy 10 years of progress by people reading this post. You might be violating your visa conditions yourself.

Here is what the HO say;
"If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. You can continue to work until your case is decided if the conditions of your existing leave allows you to do so."

So, until the application is decided, a graduate remains frozen in the previous student visa conditions. Is this interpreted as students can start working since the education is over and they are in a vocation period therefore they can work full-time?

Erm, yes you can work as far as I am aware. I completed my studies in Jan 2008 and applied for a work permit which came through in November. I didn't know how I was going to make ends meet during that time so I enquired and they told me that I could work full time as long as I had successfully completed my studies, until the decision was reached on the work permit. Anyone faced with a similar situation should ring the UKBA and confirm but based on my experience, one is allowed to work full time hours.

[Damanisshallo]

Source

You can work full-time during vacations, within the above limits. If you have completed your course and you apply to remain in the UK under the points-based system before your existing permission to stay expires, you can work full-time (within the above limits) until your application is decided.

[Ged]

Source

You can work full-time during vacations, within the above limits. If you have completed your course and you apply to remain in the UK under the points-based system before your existing permission to stay expires, you can work full-time (within the above limits) until your application is decided.

This clarifies it (although it does say if you apply under the point based system). I think this is very helpful. Thanks.

[Spidery_thread]

Thats correct. But who decides whether the person(tier 4 migrant) who has applied for ILR on the basis of Long Residency is on vacation while awaiting decision?

Like said; How I am going to meet my ends, If I don't work full time?

One can't claim benefits or job seekers allowance(as yet).

Since introduction of Tier 4, it has been a nightmare for students.

[Damanisshallo]

Possibly the University/College should be able to provide a document to prove this.

I might be ignorant but ain't got a clue why are we talkin' about claiming benefits and Job Seeker's allowances?

[Spidery_thread]

If one could claim(posted as a reference) then, we wouldn't be discussing full time work being on Tier 4, extended condition.

But right of work comes from the HO.

[Damanisshallo]

It depends on what conditions were applicable on your Tier 4? and if HO had approved for full time employment during your holidays and the university has confirmed that you've completed your course. One does not explicitly need a Right of Work confirmation from HO, the employer can perform a check themself by explaining the situation. The odds are low though.

At least this is what my understanding is. Look for When can I work full-time?

When you have completed your studies and you still have current immigration permission – the date on which your studies end is decided by your college or university and you should not work full-time before that date.

[Damanisshallo]

This is a bit clearer.

[Spidery_thread]

Employing Students: WORK RESTRICTIONS
You can employ students granted leave under the Immigration Rules in place prior to the introduction of
Tier 4 of the points based system, which came into force on the 31 March 2009:
• for up to 20 hours per week only during term time; or
• full time only outside of their term time i.e. during vacations and following completion of their course;
and
• they must still have valid leave.
You can employ students granted leave under the Immigration Rules in force from 31 March 2009 under
Tier 4 of the points based system, as follows:
• If the student applied for permission to come or stay in the UK before 4 July 2011 and they are studying:
-- a foundation degree course or degree level courses at QCF or NQF level 6 (and equivalents) or above,
they can work 20 hours a week during term time and full time during vacations;
-- below QCF or NQF level 6 (and equivalents), (except students on foundation degree courses),
they can work 10 hours a week during term time and full time during vacations.
• If the student applied for permission to come or stay in the UK after 4 July 2011 they can work 20 hours
a week during term time and full-time during vacations if:
-- they are studying at degree level (QCF or NQF level 6 (and equivalents)) or above and with a
recognised body or a body that receives public funding as a higher education institution; or
-- they are an on a short-term study-abroad programme in the UK whilst enrolled with an overseas
higher education institution.
8. EMPLOYING STUDENTS
Full guide for employers on preventing illegal working in the UK
54
• If the student applied for permission to come or stay in the UK after 4 July 2011 they can work 10 hours
a week during term time and full-time during vacations if:
-- they are studying at below degree level (QCF or NQF level 6 (and equivalents)) and with a recognised
body or a body that receives public funding as a higher education institution; or
-- they are studying at a minimum QCF or NQF level 3 (and equivalents) with a publicly funded further
education college and where the publicly funded further education college is a highly trusted sponsor.
If the publicly funded further education college is not a highly trusted sponsor the minimum level
the student can study at is QCF or NQF level 4.
You cannot employ a student if they do not fit into any of the above categories.
A student from outside of the EEA must not:
• engage in business; or
• engage in self employment; or
• provide services as a professional sports person or entertainer; or
• pursue a career by filling a permanent full time vacancy.

Where a student applies for an extension to their stay from within the UK before their existing permission to stay has expired, but their permission runs out before a decision has been made on their application, then
you can continue to employ them, subject to the above conditions, while they are awaiting a decision.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Pages 53 & 54.

[Spidery_thread]

@Damanisshallo'

Extracted from the Link you have posted...