Need Help in Counting Continuous Stay for ILR

[ats01]

Hi,
I have read this forum and found very informative and useful. I have a query related to finding continuous stay for ILR application. I would be thankful to the Gurus and others for reading and answering my query.

I came in the UK on 24th Sept 2006 so I will finish my 10 years on 24th Sept 2016.

I came on student visa. I finished my first course in Sept 2007 and at the same time I joined master degree in the university. I finished my semester 1 (Sept 2007-Feb 2008) and took interruption in Feb 2008. My child born in Apr 2008. Then I re-joined my course in Sept 2008 and finished in Sept 2009. At all the time I was in UK with valid stay but I am not sure the time taken for interruption be counted towards the continuous stay or not.

I would appreciate for your reply.

Many thanks
Regards

[geriatrix]

As long as you had continuous, valid leave to enter / remain in the UK during the 10 years you will be fine.

[ats01]

As long as you had continuous, valid leave to enter / remain in the UK during the 10 years you will be fine.

Thank you very much for your quick reply. I was much worrying about this issue that during the interruption period (under exceptional circumstances), I was not studying but possessing student visa. Otherwise, at all the time, I have been on valid visa in the UK.

Many thanks.

[ats01]

Dear gurus and Moderators,

At the moment, I am in a very critical situation. I need your advice on extending 2 months to finish 10 years stay please.

Currently, I am on tier4 visa. I have 2 dependants (My husband and a son). My university is forcing me to interrupt my study now (in July) even I have submitted medical documents. I am trying to pull this date from now to until end of July. Therefore, I cannot carry my student visa until this August. I will be finishing 10 years in this country on 24th Sept 2016.

previously, I decided to apply for ILR on 29th Aug (within 28 days of finishing 10 years period) on premium service. Now in this situation, what should I do?

If I take interruption at the end of July then university will inform home Office and then I'll be no longer student. How do I carry me legally until end of August. Also, will it be appropriate to apply in-person?

Secondly, can I think of family or private life or on my son's base (he is 8 years old and born in UK)?

Again I am worrying about my dependent - my husband will finish his 10 years in Dec 2016.

I really need your advice on how to finish 10 years, applying ILR for me and my dependents please.

I will be obliged for your advice and kind support.

Thank you and waiting for your reply.

[ats01]

Dear all,

I am posting again in order to make my timeline more understandable so that I can receive your advice.

I entered in UK : 24 Sept 2006
I will finish 10 yrs: 24 Sept 2016
Can apply in person: 26 Aug 2016 or 29th Aug 2016 (need advice)

I am on student visa until 31st Jul 2016. Then university will inform to HO and they may curtail my visa.

The problem is how do I stay legally to finish 10 years period? Please advice me.

Thank you.

[ats01]

Dear all,

I am posting again in order to make my timeline more understandable so that I can receive your advice.

I entered in UK : 24 Sept 2006
I will finish 10 yrs: 24 Sept 2016
Can apply in person: 26 Aug 2016 or 29th Aug 2016 (need advice)

I am on student visa until 31st Jul 2016. Then university will inform to HO and they may curtail my visa.

The problem is how do I stay legally to finish 10 years period? Please advice me.

Thank you.

Dear all,

I talked to 2 solicitors. both have different opinions.
1. My visa will be curtail from 1 st Aug 2016. When I hit 10 yrs during curtailed period, I can apply for ILR in person
2. Apply for family visa before curtailment otherwise I will loose the right of appeal.

I am very confused, what to do? Seeking for your advice please.

Thanks

[ats01]

Dear Experts,

I was hoping that I will get guidance for my current problem. Please help me. Is there anyone kind enough to relive my pressure please?

Thank you

[CR001]

Does your visa expire on 31st July or is that the day you finish 'studying'?

[ats01]

Does your visa expire on 31st July or is that the day you finish 'studying'?

My visa will be expiring on 30.04 2017 but university will stop my study at the end of July. Then they will inform to HO.

[CR001]

Your visa won't be curtailed from 1/8/2016. Why do you think this is the date.

University has to notify HO.

HO then write to you and send you a curtailment letter. This process can take a few weeks/couple of months, it does not happen instantly.

The curtailment letter gives you 60 days from the date of the letter, not the date after you left uni.

[ats01]

Your visa won't be curtailed from 1/8/2016. Why do you think this is the date.

University has to notify HO.

HO then write to you and send you a curtailment letter. This process can take a few weeks/couple of months, it does not happen instantly.

The curtailment letter gives you 60 days from the date of the letter, not the date after you left uni.

Thank you very much for your guidance.

University has frequently mentioned me they have to fulfil immigration requirements and follow rules and regulations. I have requested to pull until end of the August instead of end of July but they didn't agree with me.

In this pressure, I talked to two solicitors and both have different opinion. One is even if curtailment happens, I can apply for ILR on 28 days before finishing 10 years. The second opinion is - one month gap in legal requirement will cause an issue to get ILR.

Both opinion seems contradictory So I am feeling much pressure. I have two dependents - my husband who will finish his 10 years in Dec 2016 and my son who is 8 years and born in UK.

I indeed seeking your guidance. Thanks for taking time and providing advice.

[CR001]

The period of your curtailment (60 days) is still valid as per your current visa. You won't get a curtailment on 1st August.

The university has a legal obligation to inform HO. The process for curtailment from HO side, takes time.

[ats01]

The period of your curtailment (60 days) is still valid as per your current visa. You won't get a curtailment on 1st August.

The university has a legal obligation to inform HO. The process for curtailment from HO side, takes time.

Many thanks CR001. Stay blessed.

That means should I not consider to take route for family private life application for three of us?

And directly apply for my ILR at the end of August (28 days before qualifying period). Will time after 31st July be counted as continuous stay for the 10 years requirements? (As I will no longer student in the uni)

Thank you.

[CR001]

Will time after 31st July be counted as continuous stay for the 10 years requirements?

Yes, it should.

[ats01]

Thank you very much.

If my time can be considered as fulfilment of continuous legal requirement for 10 years then I think I will directly apply for ILR when I reach to my timeline.

Your advice has relieved some pressure. I am thankful for that but still bit stressed because of different advice from solicitors.

I really appreciate the forum and moderators and the quality of advice we are getting.

Thank you very much.

[ats01]

Dear Moderators and Gurus,

My situation has changed so I need your advice please. My scenario is as below.

I entered UK as a student on 24 Sept 2006, will finish 10 years in Sept 2016. I have been on valid visa continuously. (student + psw + student). My husband came to UK late in Dec 2006. My son born in UK. Both are on student dependent visa. My current visa is until 30 Apr 2017 as I am student until Dec 2016. I am going to request for interruption at the end of August (as there are some unavoidable problems going with uni).
My questions are as follows.

1. I am going to apply my ILR with premium service within 28 days of qualifying period, i.e. 30 Aug 2016. 28 is Sunday and 29 is bank holiday. Can I apply on 27 Aug?

2. When I will apply for my ILR, my husband has to switch to SET(M) as he is my dependent. He will be eligible to apply for ILR in late Nov 2016 (28 days before). Now when should he apply for SET(M) and when to vary for ILR? How do I buy time and save money?

3. When should I apply for my son’s British application? Do I need to fill up child MN1 form?

I would be obliged for your advice and views. I would appreciate for your any other valuable inputs.

Thanks in advance for reading and answering my queries.
with regards

[vinny]

1. How did you calculate 30 August 2016?

I think you may apply for SET(LR) from Saturday, August 27, 2016.

2. If husband has valid leave until 30 April 2017 and isn't travelling, then he may directly apply for SET(LR) when eligible, not SET(M).

3. Register UK born child on MN1 after you are granted ILR.

[ats01]

I am very much thankful Vinny for your reply.

1.

How I have calculated 30 Aug

As per my understanding, I will be finishing 10 years on 24th Sept 2016(entered UK on 24th Sept 2006)
So, the earliest I can apply on 28th Aug but it's Sunday. Then 29th is bank holiday. This leaves me with 30th Aug.

The way I calculated is: 24 days of Sept + last 4 days of Aug (28th, 29th, 30th, 31st) = 28 days.

It seems my calculation is wrong. Could you correct me please.

2. Currently, we all have valid leave until 30 Apr 2017. The question is going to arise when I will ask for interruption, after that from 1st Sept I will no longer be university student. So, before interruption I would have my ILR application been cleared. After interruption and receiving ILR, my husband cannot be considered as dependent (as per my understanding). Do you think, he can still carry on as student dependent and when time comes he can apply for SET(LR)?

Very much appreciated for your advice.

Thanks.

[vinny]

1. It's probably safer to apply from 30 August 2016.
2. Unless your husband's leave is formally curtailed or he travels, then I think that he may remain until it expires.

[ats01]

Thanks Vinny for your insights.

I have booked me for premium service on 30th Aug.

1. Now I am preparing my documents. I am looking for Home Office Reference number as it has been asked in SET(LR) form. My documents for Subject Access Request have arrived. Documents show question mark in the answer column of HO ref. That means, there is no HO ref. I have kept all the previous visa applications but in each application, the application reference number changes. What should I write in place of HO reference or should I leave blank?

2. Today I phoned HO about my husband's application. I was advised that if I make premium application then he has to switch to spouse visa FLR(M) until he finishes his 10 yrs. Vinny, I have seen your one of the sent links where it says the HO advice line cannot be fully reliable. What should I do for my husband's application?

3. Furthermore, I have two dependents. After my ILR, I have to apply for my son (child MN1) and my husband's FLR(M) and I'll be having one BRP card. How can I do two separate applications (Child MN1 and FLR(M)) using my one BRP card?

I would be obliged for receiving advice on these questions. I would appreciate for any related inputs.

Many thanks to Gurus, moderators, other members.

Regards.

[CR001]

1. Leave it blank

2. He does not need to switch as Vinny has advised but ONLY if he has no travel plans and meets 10 year ILR in early 2017.

3. Apply for MN1 through NCS at the council as you get to keep your original documents then.

[ats01]

Thank you very much CR001 for your reply.

My husband has no travel plan so he'll be able to apply late in Nov 16.

Secondly, as you said about NCS so I'll look at it as I have no idea about NCS. Is it possible to send any links related to NCS please.

I appreciate this forum and its moderators and gurus.

Thank you very much.
regards

[CR001]

When does your husband reach his 10 years in the UK?

NCS = Nationality Checking Service - Contact your local council Registry office.

[ats01]

Thanks for your reply CR001.

He'll finish his 10 years on 21st Dec 2016. So, earliest he can apply is on 24th Nov. Currently, we all have visa until Apr 2017 but after acquiring my ILR, I'm going to change my status from international student to home student in the uni and then take interruption. I am trying to find a right way for my husband as he is on dependent visa. How can he stay legally to finish his 10 years?

Thanks for letting me know about NCS. Tomorrow, I'll contact the registry office.

I'm very thankful for the advice.

Regards

[CR001]

He can wait till November and then apply for ILR(LR) as vinny has advised. His visa won't be cancelled etc immediately either.