7 years in Uk as a student ,Need an advise!!!!!!

hanna · Post by **hanna** » Mon Mar 26, 2007 10:10 am

Can someone help us?We have lived in uk for 7 years on a student visa and our son was born in uk last year.We would like to settle in uk with our family,but as long as I know,it takes 10+ years for student to try to apply for ILR.The problem is that we are ukrainian and it does not give us a lot of rights in uk. Maybe there is a law that allows to apply for ILR and not wait 10 years, say, becouse you have a child born in uk and parens have already lived here for a long time.Does it count?We would very appriciate your help.Thanks.Hanna

Wanderer · Post by **Wanderer** » Mon Mar 26, 2007 10:21 am

hanna wrote:Can someone help us?We have lived in uk for 7 years and our son was born in uk last year.We would like to settle in uk with our family,but as long as I know,it takes 10+ years for student to try to apply for ILR.The problem is that we are ukrainian and it does not give us a lot of rights in uk. Maybe there is a low that allows to apply for ILR and not wait 10 years, say, becouse you have a child born in uk and parens have already lived here for a long time.Does it count?We would very appriciate your help.Thanks.Hanna

No, afraid not, you're only way would be to try for a Work Permit after your studies, or HSMP if you are skilled in something the UK has demand for like IT....

We seem to be seeing a few people here studying an incredibly long time in UK - I wonder if the Gov will try to close this route to settlement? One poster one here, also with 7 years on a student visa, only got a six month extension this time. Seems like UK gov is closing this loop too...

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sakura · Post by **sakura** » Mon Mar 26, 2007 10:21 am

The problem is that we are ukrainian and it does not give us a lot of rights in uk

In what regards? Do you mean because you are non-EEA nationals?

Unfortunately, you cannot apply for anything yet, you have to be here 10 years and there are no concessions, even if you have a child (which many people with visas do but that never changes their status).

How long is your visa valid for (you and your partner's)? Are one of you here as dependents or are you both students? Are you not able to renew your visas?

What you can do: the only options are to try to get a company/employment to offer you a work permit or apply for HSMP- do either of you have good qualifications/skills that can help (assuming you have been studying in higher education for at least part of this 7 years?)?

Dawie · Post by **Dawie** » Mon Mar 26, 2007 10:37 am

Even once you've reached your 10 years, an application based on this 10 year concession will take much longer to consider than a normal application for ILR based on 5 years working in the UK.

Student visas are not meant to be a path to settlement in the UK. Consequently, once you start getting to the 7, 8 or 9 year mark the Home Office begins to get a bit nasty with regard to the reissue of a student visa.

sunnyday · Post by **sunnyday** » Mon Mar 26, 2007 1:01 pm

I don't think its true that the home office are more reluctant to giving student visa at a later stage, unless you obviously show them that you have an intention to use such visa as a way of settlement.

I know people who came to this country from secondary education level when they were 13/14/15 and have successfully been granted citizenships on long stay basis. But it's possibly to be at a disadvantage when you are older.

pantaiema · Post by **pantaiema** » Mon Mar 26, 2007 6:46 pm

I fully agree with sunnyday. It is unfair if we try to condemm the HO. We need to see what cause them to behave like that.

In the past there were many people abuse the students VISA. In the HO eye this people do not contribute to the UK economy as it should be, because they do not actually attend the school, they do not pay tuition fee at all. They just pay a few hundred GBP in order to get the letter from college to get student VISA extension. After getting the student VISA they work in low skilled job for over 40 hours a week and go undetected. It is difficult to detect, considering Data Protection ACT (DPA) in the UK.

I believe that there are quite reasonable number of genuine students out there who study for over 8 years, for instance, they start their GCSE, A level in the UK. They might be subject to a tougher measure because of the people who abuse the system.

In reality you will meet people who are over 40 years old have been studying in the college over 8 years, but never manage get degree, because they never attend the school.

Pantaiema

sunnyday wrote:I don't think its true that the home office are more reluctant to giving student visa at a later stage, unless you obviously show them that you have an intention to use such visa as a way of settlement.

I know people who came to this country from secondary education level when they were 13/14/15 and have successfully been granted citizenships on long stay basis. But it's possibly to be at a disadvantage when you are older.

stedman · Post by **stedman** » Mon Mar 26, 2007 8:04 pm

The 10 year rule is no longer a concession, and as I got mine the same day (from 10 years in the UK, a combination of many diferent types of visas) as did loads of other people I know and on this forum, I don't think there's any difference between this path to settlement and WP/HSMP. As long as the person applying was in the UK legally for the 10 years, it is a straightforward same day job.

hypegal3 · Post by **hypegal3** » Tue Mar 27, 2007 1:39 pm

I have been studying gcse, then a levels and now i want to really go uni but i cant, 1. because its expensive, 2. i have to have ilr. so im going to work full time, and maybe in 5yrs time can go. the government really doesnt help people on student visa.

OFCHARITY · Post by **OFCHARITY** » Tue Mar 27, 2007 3:59 pm

Hypegal3

If you are currently in the UK on a student visa, it is not a wise idea to work full time, several persons have found themselves in serious problems such as facing removal from the country because of this.

hypegal3 · Post by **hypegal3** » Tue Mar 27, 2007 4:04 pm

sorry ofcharity im on student visa dependent which means i can work full time, i call home office about 5 times to confirm this was true and it was.

pantaiema · Post by **pantaiema** » Tue Mar 27, 2007 5:54 pm

I believe you have misunderstood information that was given to you by the Home office. With student Visa you could work full time it is true, but that is only during the school holidays. During the school term you are only allowed to work maximum 20 hours. It is illegal to work over 20 hours during the school term.

But indeed some students do that, because they taught HO will not be able to detect them. But if HO mean it is very simple to trace it, as they have your NI details.

But if you have spouse on dependant VISA on you they could work full time anytime.

Pantaiema

hypegal3 wrote:sorry ofcharity im on student visa dependent which means i can work full time, i call home office about 5 times to confirm this was true and it was.

hypegal3 · Post by **hypegal3** » Tue Mar 27, 2007 6:49 pm

i am on dependent visa pantaiema

pantaiema · Post by **pantaiema** » Tue Mar 27, 2007 8:57 pm

Dear hypegal3

I did not say that U are on dependane Visa. What I said is that dependant could work full time but stundet could only work 20 hours during the school term NOT full time.

Ask international student advisor at your Uni. UK Cosa, The british council they will give you the same answer.

Pantaiema

hypegal3 wrote:i am on dependent visa pantaiema

hypegal3 · Post by **hypegal3** » Wed Mar 28, 2007 10:02 am

pant, i think you are misunderstanding me, mom sent in our passport together, so what ever she gets i will get, but in the envelope there is a paper that says what each of us got.

On her paper it said not to engage in any self employed work, or do full time work in a permanent job. On mine it said 1 yr visa extension and that i got the same time in uk as my mom.

It doesnt say anything about working 20 hr a week on mine, its just empty, i noticed this in january, so i phoned the HO and ask why this is and the said i could work full time.

Because my mom is a student and i am her dependent.

Wanderer · Post by **Wanderer** » Wed Mar 28, 2007 1:14 pm

How old are you btw?

I don't know the answer but what is the status of minor dependents of student visa holders (non-settlement visa really) when they reach adult age?

And are they allowed to work having reached working age? The OP says her visa doesn't mention work, presumably because it was issued to a then child, but what happens now?

Edit: UKvisas site says:

Will my husband, wife or civil partner be allowed to work?
Your husband, wife or civil partner will be allowed to work in the UK if we give you permission to stay in the country for 12 months or more.

Doesn't mention child, so I'd image the OP is NOT allowed to work? And as soon as the OP does work, she is no longer a dependent!

Complicated!

pantaiema · Post by **pantaiema** » Wed Mar 28, 2007 2:00 pm

HI hypegal3

There is no doubt you could work FT as you are on dependant VISA. I have mentioned it before.

Person with student VISA could only work max 20 hourds/week during the school term.

Pantaiema

hypegal3 wrote:pant, i think you are misunderstanding me, mom sent in our passport together, so what ever she gets i will get, but in the envelope there is a paper that says what each of us got.

On her paper it said not to engage in any self employed work, or do full time work in a permanent job. On mine it said 1 yr visa extension and that i got the same time in uk as my mom.

It doesnt say anything about working 20 hr a week on mine, its just empty, i noticed this in january, so i phoned the HO and ask why this is and the said i could work full time.

Because my mom is a student and i am her dependent.

hypegal3 · Post by **hypegal3** » Wed Mar 28, 2007 2:45 pm

oh ok thank anyway for your help.

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7 years in Uk as a student ,Need an advise!!!!!!

7 years in Uk as a student ,Need an advise!!!!!!

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