Immigrationboards.com

Hi,
I would like to know about 10 years indefinite rules. I came in the UK on July 2000. I have taken Post study work Scheme (PSWS) on September 2008 . My PSWS will be expired on September 2010. I would like to apply for Indefinite leave to remain in the UK . This 2 year of Post study work Scheme (PSWS) will be counted in this 10 years or not ? Home office stated this (check this link)
http://www.ukba.homeoffice.gov.uk/worki ... ettlement/

Can any body give me information as well web link about this problem. thank you

Read the infromation from UKCISA. Scroll down at the bottom of the page.


http://www.ukcisa.org.uk/student/working_after.php

No, the two years under PSW do not count:
"Your leave in the post-study worker category does not allow you to apply to live permanently in the United Kingdom."
http://www.ukba.homeoffice.gov.uk/worki ... ettlement/

sban wrote:No, the two years under PSW do not count:
"Your leave in the post-study worker category does not allow you to apply to live permanently in the United Kingdom."
http://www.ukba.homeoffice.gov.uk/worki ... ettlement/

You may be right but how wud u explain about the 10 years long residency rule where if an applicant spend a lawful residence in the UK for 10 years he/she can appy for ILR. If you remember that wen we get our student visa extensions, it says clearly in the letter "Under the rules u r reminded that you will have no right to stay in the UK once u finished u studies". I have seen my friends being on a student for more than 10 years then got ILR. I am not disputing with u but i think u need to look further into it as UKCISA says that u can. Regardless which category, after 10 years ppl can apply for ILR. An expert advice wud be the best to make it abst. clear.

ash786
hi there,
i think you can apply for ILR after 10 years of legal stay in the uk regardless of the visa catagory, although i am not an expert but 2 years for psw does not count only if u get an other visa i-e HSMP for next 3 years and then try to apply for ILR after completing ur 5 years in the country but it's better to consult with a good solicitor b4 u go 4 it...

good luck

Yes the 2 years spent under PSW does count towards 10 years ILR, but it does not count towards HSMP/workpermit route, which means that on HSMP the applicant still have to spent 5 years regardless of these 2 (PSW) years for him/her to be elibible for ILR.

It is crystal clear that PSW counts towards ILR through 10 years long residence, but not towards 5 years as a worker.

IGS and PSW do not count towards ILR if you are applying after 5 years in a work category. But they do count, as does all lawful residence, if you are applying after 10 years long residence.

All types of continuous lawful residence count towards ILR under the 10 year rule. Follow the link below and search for Long residence in the United Kingdom

SO IN SHORT THE ANSWER IS YES 2 YEARS DOES COUNT TOWARDS ILR UNDER 10 YEARS RULES

http://www.ukba.homeoffice.gov.uk/polic ... les/part7/

Hope that answers the question.
Ta

faisal_mumu wrote:Hi,
I would like to know about 10 years indefinite rules. I came in the UK on July 2000. I have taken Post study work Scheme (PSWS) on September 2008 . My PSWS will be expired on September 2010. I would like to apply for Indefinite leave to remain in the UK . This 2 year of Post study work Scheme (PSWS) will be counted in this 10 years or not ? Home office stated this (check this link)
http://www.ukba.homeoffice.gov.uk/worki ... ettlement/

Can any body give me information as well web link about this problem. thank you

You are good to go mate

For the record, I have applied for Leave to Remain after 12 years of lawful residence at the time in the UK. Received a refusal 7 months later for marginally (absence of 1.5 days more than allowed) not meeting the qualifying requirements. Have appealed and won within about 3 months from refusal. Now the HM has appealed and waiting for another court hearing.

Was also looking whether the PSW visa counts towards the long residence route. They say it takes the longest and is most complicated and goes in the same queue with the asylum seekers. I can understandable why this is and I see their point, but still strongly disagree in my case. I have lived in the UK on student visas since 12, which makes it most of my life.