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does visit visa count in 10 Years Law

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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talkhome
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Posts: 132
Joined: Wed Sep 18, 2013 12:54 am
United Kingdom

does visit visa count in 10 Years Law

Post by talkhome » Thu Sep 19, 2013 12:02 am

I came to UK on 2 years Multiple family Visitor visa in July 2005.

My Visit visa was valid from February 2005- February 2007

When I came to visit my family on visit visa, I have stayed here in the UK for more than 4 months and studied in a college for an IELTS course and took my test in London.

I have then got admission in HEI in UK. So when I was returning from UK, I had University acceptance letter ( At that time there was no CAS stuff needed).

I went to my country and applied for Student visa which I have got and came to UK within 60 days of leaving the UK.

Now I have been living in the UK since that time on student +Tier 4 + Tier 1

My question is whether that visit visa would count towards my 10 years legal stay and plus my daughter was born here in May 2009 and my wife is here on my dependent visa since 2007. Would that help to get ILR or not?

Could somebody please provide me any judgment or solid proof to show that Visit visa count towards 10 years legal stay?

Amber
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Post by Amber » Thu Sep 19, 2013 5:34 am

Legal leave within the UK as a visitor does count towards the qualifying period to meet the 10 year long residency rules.
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talkhome
Member
Posts: 132
Joined: Wed Sep 18, 2013 12:54 am
United Kingdom

Post by talkhome » Thu Sep 19, 2013 12:34 pm

D4109125 wrote:Legal leave within the UK as a visitor does count towards the qualifying period to meet the 10 year long residency rules.
Thank you Guru!

I am looking for some sort of judgments to actually include in my file on the safe side as you aware currently they are taking over 6 months to decide application.

I don't want to get rejected from someone ( Caseworker) who doesn't know the law properly so on the safe side needs to include judgments or solid proof to show that beside Long Residency Guidance pages.

sheraz7
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Post by sheraz7 » Thu Sep 19, 2013 3:16 pm

Please donot send PM. Write in open forum to facilitate others too.
REGARDS

talkhome
Member
Posts: 132
Joined: Wed Sep 18, 2013 12:54 am
United Kingdom

Post by talkhome » Thu Sep 19, 2013 9:18 pm

Thank you Guru.

I am trying to collect as much data as possible so case can be presented in strong manner in the first place.

I request to everybody who knows and have something to support this kind of case, please come forward and help people like me by posting your reply.

I thank you in advance the help and support we get from this forums and Gurus.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Important question regarding Tier 4 dependent and 10 years

Post by vinny » Sun Sep 22, 2013 8:26 pm

talkhome wrote:Currently I am on Tier 4. I am planning to apply ILR (on the basis of 10 years) in the future.

I have 2 dependents ( My Wife and Daughter)

If lets say I get ILR, I know my daughter can register as a British citizen straightway ( Through Naturalization Process).

I am worried about my Wife. Which visa will she apply?

Her current Tier 4 Dependent visa is valid till 2019 which can take her to complete 10 years easily (her 10 years would be completed in 2017)

but as I will get ILR (in 2015) will her Tier 4 dependent be still remain valid after I get ILR?
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We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Post by vinny » Sun Sep 22, 2013 8:27 pm

If she's travelling after you are granted ILR and before she qualifies for ILR, then she should switch to FLR(M) under the transitional provisions.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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