10 years stay as a student - advise please!

[lili1234]

Hello, and thank you for reading my post.
I've got a few questions please and would be grateful to hear from anyone who can shed some light for me....

Basically, it's a 10 years lawful stay as a student,with Tier 4 last 2 visas.

The most important thing I'd like to know is regarding my status while applying for the ILR.

I know that my status stays the same while my application is decided.
Even if my permission to stay has ended.

But what does it mean exactly?

My tier 4 will be probably expired soon after I apply for the ILR.

Do I need to carry on with the Tier 4? extend it, carry on studying and so on till I receive an answer? otherwise am I not on a legal stay?

Or can I just stay here normally and wait for the answer but not extend the Tier 4?...

Please, if anyone has gone through the same thing and knows what should be done - let me know as I'm worried about that



2) The SET (O) seems pretty outright forward and easy for this type of stay, am I correct or not?

3) Do I need to provide my National Insurance Number?
I'd like to point out that I haven't provided it on my Tier 4 applications,
so probably not , right?

4) The UK life knowledge test - seems relatively easy, although I don't know the answers regarding some politic and government issues - did you guys just went for it, guessed what you didn't know, and just passed it, or actually bought the book for it? what to do?


Thank you so much for reading this, and good luck to everyone!

Lily.
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[geriatrix]

But what does it mean exactly?

What it means is that, if you make a valid, in-time application and a decision is not made before your Tier 4 leave expires, your Tier 4 leave will remain extant (continue), thanks to Section 3C, until the decision on the application is reached. If, for any reason the decision is a refusal, then your Tier 4 leave will remain extant until all appeal options are exhausted (should you choose to appeal, that is. If you don't appeal, then the Tier 4 leave will expire on the 10th day after you receive the refusal).

After you have made a valid, in-time application for ILR all you need to do is wait patiently for a positive result.

2. Some people find it difficult. Glad that you find it easy - because it actually is.
3. Only if the form asks for it.
4. No one can tell you how much preparation you'll need. Some pass without studying the book .... and some fail multiple times even after cramming the book.

[lili1234]

Hi , thank you for your quick reply.

Just to clarify,if my Tier 4 stays valid (as I'm applying for the ILR in-time)
it's actually valid no matter what the expiry date is until I receive the answer for the ILR?

Most importantly - does it mean that I need to carry on with my studying and attending classes or not?

That's the thing that I need to know the most....

Thank you!

[geriatrix]

Just to clarify,if my Tier 4 stays valid (as I'm applying for the ILR in-time) it's actually valid no matter what the expiry date is until I receive the answer for the ILR?

Yes.

Most importantly - does it mean that I need to carry on with my studying and attending classes or not?

Yes. Tier 4 leave continues ... and so do the terms and conditions attached.

[lili1234]

But .... It's strange :/ if my Tier 4 will continue to be valid as long as I don't get a permanent answer to the ILR , then it means I don't need to renew it and therefore no need to register for another term and carry on studying if I don't want that anymore. If its valid, all I have to do is wait for the answer and deal with it according to the situation. But why do I need to fulfil the terms of Tier 4 of I'm not obliged to it? And beside, even If I had to, I would have been refused as I cannot extend it any longer. All I want is to apply for the residency after 10 years and that's all, if they say yes, then I got what I wanted, if not, I'll fight it, but no one will ask what have you done in the last few months while awaiting the answer , is that correct?

[Greenie]

You are obliged to continue to abide by terms and conditions of your tier 4 visa because that is the basis of your stay in the UK unless and until you have been granted ilr. Of course they will want to know whether you are still complying with these conditions when considering your application and if you are not this could result in your application being refused.

On another note, if you have a national insurance number you should give it on the form. Not giving it doesn't stop them from checking whether you have worked in breach of your conditions.

[manci]

Also consider what your educational institution must to do if you discontinue your studies (from the T4 sponsor guidance):

Reporting duties
506. Unless stated otherwise, you must report the following information to us within 10 working days using the sponsor management system. It tells us about students who do not attend, do not comply with our requirements, change their circumstances, or disappear. We use the information to take enforcement action against them when necessary.

[manci]

As to the likely consequence of the educational institution reporting you as no longer studying :

324. If a student has at least 60 days leave remaining, then we will limit the student’s permission to stay to 60 days if his/her course ends earlier than expected. This may be, for example, if the student’s Tier 4 sponsor cancels his/her place on the course, or if the student finishes the course early.

(from the T4 Policy Guidance)

So it would be advisable to use the premium service for your ILR application because a postal application is likely to take longer than the 60 days leave you will have if your visa is curtailed.

[Greenie]

As to the likely consequence of the educational institution reporting you as no longer studying :

324. If a student has at least 60 days leave remaining, then we will limit the student’s permission to stay to 60 days if his/her course ends earlier than expected. This may be, for example, if the student’s Tier 4 sponsor cancels his/her place on the course, or if the student finishes the course early.

(from the T4 Policy Guidance)

So it would be advisable to use the premium service for your ILR application because a postal application is likely to take longer than the 60 days leave you will have if your visa is curtailed.

it is not possible to make an in person application for an application for ILR on the basis of long residence.

[manci]

[So it would be advisable to use the premium service for your ILR application because a postal application is likely to take longer than the 60 days leave you will have if your visa is curtailed.

it is not possible to make an in person application for an application for ILR on the basis of long residence.

Thanks Greenie, I overlooked that.

Under the circumstances it would be advisable for Lily to make the ILR application asap especially since she said that her current T4 leave is "probably to expire soon" (?) after her ILR application is made.

Also, if she breached the terms of her T4 leave it would need discretion on the part of UKBA to approve her ILR application because the 10 year residence has to be continuous and lawful.

All in all, in order not to jeopardise her ILR application I think it would be advisable for Lily to continue her studies until she gets ILR .

[lili1234]

Thanks everyone for your help!
I appreciate it.

I would like to understand one last thing please, suppose my Tier 4 visa is for 2 more months after my current course is finished, and my 10 years qualifying period is before that, so I would apply for the ILR, then wait...

If my IRL is not sorted in 3 months time, then my course and my Tier 4 are finished - so what do I do then? on one hand I finished a course, so it's not like I'm not attending classes,I guess the college would just report that I'm no longer a student.And if my Tier 4 stays valid until my ILR is resolved then I don't need to renew it do I?

Otherwise, it is a confusing situation, how can I apply for one thing and for another at the same time?!

I want to know if I can stay without worrying, after my course is finished, and just wait till I get the answer for the ILR?

Are there other out there who experienced he same issue? applying for the ILR , but there course finishes and still happen to be waiting?!....

Thank you in advance,

Lily.

[geriatrix]

1. When does your current Tier 4 leave expire?
2. When does your course expected to finish?
3. When do you become eligible to apply for settlement?

[lili1234]

My current Tier 4 expires 2 months after my course ends.
I would be eligible to apply for settlement a month before my course
ends.

So that leaves me with an ILR application being considered, then the course ends, and then my Tier 4 expires.....

So if it is still valid as long as I wait for a decision,where does it leave me legally? Am I supposed to renew the Tier 4 (which I can't) or just wait for a decision? after all, I've been here lawfully for 10 years so I'm qualified, and if I finished my course, can't I just wait?

The application will be considered for 3 months by the time the Tier 4 supposedly ends...

Lily

[geriatrix]

1. Make sure that you make a valid, in-time application and that (fees) payment is not refused for any reason.
2. Finish your course as normal.

.... and then wait patiently for the ILR application to be decided (without worrying about your legal status or Tier 4 leave).

[lili1234]

Great!!! if that's not a green light then I don't know what is! ))
Very happy indeed, that's a relive! thank you!

[lili1234]

Hello,

I got a question about a friend of mine. He wants to apply for the ILR soon after a 10 years lawful stay. However, he's got an 8 months gap. He had to go back to his country, Iran, and was forced to serve in the military , doing national service, until he managed tip get away and come back. Since then, he's been on a student visa and Tier 4. Is this 8 months gap will be a problem when applying for the ILR or the circumstances are acceptable?


Thank you,
Lily

[geriatrix]

Is this 8 months gap will be a problem when applying for the ILR or the circumstances are acceptable?

Yes. No.