Immigrationboards.com

Hi
I came across the news rules from April 2012 onwards for Tier 4 holders. I have just extended my student visa after PSW in Nov 2011 until January 2015.
I have the following questions:

a. If by 2014 July I will accumulate 10 years of lawful residence under student and psw visa, I am still okay to apply so far?
b. I had a few postal applications made in advance prior to visa expiration, however the actual visa was granted after expiration date; I was in the country waiting for the visa - I think it is not considered as broken leave, correct?
c.How many days in total are allowed to be outside of the UK in total 10 years of lawful residence?

Thank you in advance
Mariam

mariamuk wrote:Hi
I came across the news rules from April 2012 onwards for Tier 4 holders. I have just extended my student visa after PSW in Nov 2011 until January 2015.
I have the following questions:

a. If by 2014 July I will accumulate 10 years of lawful residence under student and psw visa, I am still okay to apply so far?
b. I had a few postal applications made in advance prior to visa expiration, however the actual visa was granted after expiration date; I was in the country waiting for the visa - I think it is not considered as broken leave, correct?
c.How many days in total are allowed to be outside of the UK in total 10 years of lawful residence?

Thank you in advance
Mariam

mariamuk wrote:a. If by 2014 July I will accumulate 10 years of lawful residence under student and psw visa, I am still okay to apply so far?

Potentially, yes. You would have met the 10 years to qualify for ILR based on today's UKBA rules. However, hope the rules haven't changed by July 2014.

mariamuk wrote:b. I had a few postal applications made in advance prior to visa expiration, however the actual visa was granted after expiration date; I was in the country waiting for the visa - I think it is not considered as broken leave, correct?

Correct!

mariamuk wrote:c. How many days in total are allowed to be outside of the UK in total 10 years of lawful residence?

You must not have spent more than six months on a single trip outside the UK in the last 10 years. And you must not have spent more than 18 months outside the UK in the last 10 years.

Thank you for quick reply.

The only question left that bothers me: if postal application was made prior to expiration but because of Home office processing times visa was not received after later, do I need to prove in my application somehow that I have made it before expiration date or it is all registered at their database? I dont have the post receipts anymore but can see the bank balance for payment taken by home office.

thank you in advance

derlin wrote:

mariamuk wrote:Hi
I came across the news rules from April 2012 onwards for Tier 4 holders. I have just extended my student visa after PSW in Nov 2011 until January 2015.
I have the following questions:

a. If by 2014 July I will accumulate 10 years of lawful residence under student and psw visa, I am still okay to apply so far?
b. I had a few postal applications made in advance prior to visa expiration, however the actual visa was granted after expiration date; I was in the country waiting for the visa - I think it is not considered as broken leave, correct?
c.How many days in total are allowed to be outside of the UK in total 10 years of lawful residence?

Thank you in advance
Mariam

mariamuk wrote:a. If by 2014 July I will accumulate 10 years of lawful residence under student and psw visa, I am still okay to apply so far?

Potentially, yes. You would have met the 10 years to qualify for ILR based on today's UKBA rules. However, hope the rules haven't changed by July 2014.

mariamuk wrote:b. I had a few postal applications made in advance prior to visa expiration, however the actual visa was granted after expiration date; I was in the country waiting for the visa - I think it is not considered as broken leave, correct?

Correct!

mariamuk wrote:c. How many days in total are allowed to be outside of the UK in total 10 years of lawful residence?

You must not have spent more than six months on a single trip outside the UK in the last 10 years. And you must not have spent more than 18 months outside the UK in the last 10 years.

mariamuk wrote:Thank you for quick reply.

The only question left that bothers me: if postal application was made prior to expiration but because of Home office processing times visa was not received after later, do I need to prove in my application somehow that I have made it before expiration date or it is all registered at their database? I dont have the post receipts anymore but can see the bank balance for payment taken by home office.

thank you in advance

derlin wrote:

mariamuk wrote:Hi
I came across the news rules from April 2012 onwards for Tier 4 holders. I have just extended my student visa after PSW in Nov 2011 until January 2015.
I have the following questions:

a. If by 2014 July I will accumulate 10 years of lawful residence under student and psw visa, I am still okay to apply so far?
b. I had a few postal applications made in advance prior to visa expiration, however the actual visa was granted after expiration date; I was in the country waiting for the visa - I think it is not considered as broken leave, correct?
c.How many days in total are allowed to be outside of the UK in total 10 years of lawful residence?

Thank you in advance
Mariam

mariamuk wrote:a. If by 2014 July I will accumulate 10 years of lawful residence under student and psw visa, I am still okay to apply so far?

Potentially, yes. You would have met the 10 years to qualify for ILR based on today's UKBA rules. However, hope the rules haven't changed by July 2014.

mariamuk wrote:b. I had a few postal applications made in advance prior to visa expiration, however the actual visa was granted after expiration date; I was in the country waiting for the visa - I think it is not considered as broken leave, correct?

Correct!

mariamuk wrote:c. How many days in total are allowed to be outside of the UK in total 10 years of lawful residence?

You must not have spent more than six months on a single trip outside the UK in the last 10 years. And you must not have spent more than 18 months outside the UK in the last 10 years.

Based on what you have said, you potentially qualify for 10-year ilr. Why? All previous visa renewal applications made by you were filed to the UKBA before their expiry dates. When you send an application for visa renewal before the current leave expired, you are automatically covered by Section 3C, an immigration clause, that keeps you technically legal in the UK while your application is being processed by the UKBA. See: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Yes, I understand this, I just need reassurance that I dont need to prove Home office whether it was made prior to expire date?

derlin wrote:

mariamuk wrote:Thank you for quick reply.

The only question left that bothers me: if postal application was made prior to expiration but because of Home office processing times visa was not received after later, do I need to prove in my application somehow that I have made it before expiration date or it is all registered at their database? I dont have the post receipts anymore but can see the bank balance for payment taken by home office.

thank you in advance

derlin wrote:

mariamuk wrote:Hi
I came across the news rules from April 2012 onwards for Tier 4 holders. I have just extended my student visa after PSW in Nov 2011 until January 2015.
I have the following questions:

a. If by 2014 July I will accumulate 10 years of lawful residence under student and psw visa, I am still okay to apply so far?
b. I had a few postal applications made in advance prior to visa expiration, however the actual visa was granted after expiration date; I was in the country waiting for the visa - I think it is not considered as broken leave, correct?
c.How many days in total are allowed to be outside of the UK in total 10 years of lawful residence?

Thank you in advance
Mariam

mariamuk wrote:a. If by 2014 July I will accumulate 10 years of lawful residence under student and psw visa, I am still okay to apply so far?

Potentially, yes. You would have met the 10 years to qualify for ILR based on today's UKBA rules. However, hope the rules haven't changed by July 2014.

mariamuk wrote:b. I had a few postal applications made in advance prior to visa expiration, however the actual visa was granted after expiration date; I was in the country waiting for the visa - I think it is not considered as broken leave, correct?

Correct!

mariamuk wrote:c. How many days in total are allowed to be outside of the UK in total 10 years of lawful residence?

You must not have spent more than six months on a single trip outside the UK in the last 10 years. And you must not have spent more than 18 months outside the UK in the last 10 years.

Based on what you have said, you potentially qualify for 10-year ilr. Why? All previous visa renewal applications made by you were filed to the UKBA before their expiry dates. When you send an application for visa renewal before the current leave expired, you are automatically covered by Section 3C, an immigration clause, that keeps you technically legal in the UK while your application is being processed by the UKBA. See: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

You don't need to prove it when making the settlement application.

You may, however, may need to prove it if UKBA reverts back / refuses your application because of break in continuous residence because of out-of-time application(s) in the past.

thank you so much

Mariam

sushdmehta wrote:You don't need to prove it when making the settlement application.

You may, however, may need to prove it if UKBA reverts back / refuses your application because of break in continuous residence because of out-of-time application(s) in the past.

If in doubt, apply for SAR.