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10 years long residence URGENT ADVISE

Posted: Wed Jul 18, 2012 3:35 am
by ukengland
I came to UK with my family my father was working a diplomat.
I got a diplomatic visa from 03/09/2002 to 03/09/2006
I was studying under diplomatic visa. in the middle of my study when I was second year at university my visa expired. I tried to switch to student visa in UK but my application was returned back to me as I have been told that I cant switch from diplomatic to student within the country. however I have 90 days to stay after visa expired under diplomatic visa.
so I went back to my country to switch my visa on 01/12/2006.
I got student visa on 14/12/2006. I got back to UK on 07/01/2007. since then I have been renewing my visa under student visa. and now I am on PSW visa which will expired on October 2012.

my question is am I eligible for 10 years long residence ILR?

summery:

03/09/2002 to 03/09/2006 diplomat visa left the country 01/12/2006 to switch to student visa
14/12/2006 to 20/12/2008 student visa enter UK 07/01/2012
05/03/2009 to 05/07/2010 tier 4 student visa
02/10/2010 to 01/10/2012 Post study work visa

Posted: Wed Jul 18, 2012 2:19 pm
by Ged
I am no expert but here is what I see;

On the paper, if you have a valid visa as you leave the country, and if you have another valid visa on your return, your 10 years long residence trail do not break as long as you return quickly enough. So this one comes to your almost 90 days of overstay being legal or not. Are you sure it was legal to stay here an extra 90 days after that diplomatic visa expired?

Do you have any other gaps? What happened in between 20/12/2008 to 5/3/2009? Is this just a delay by BA? Were your applications always timely?

Good luck

Posted: Sat Jul 21, 2012 8:12 am
by vinny
Ged wrote:Are you sure it was legal to stay here an extra 90 days after that diplomatic visa expired?
Yes.

See also Long residence.