student visa and ILR

hypegal3 · Post by **hypegal3** » Sat Jan 19, 2008 7:16 pm

Hey guys, ok my mom is on student visa and so was my dad, but my dad is now a dependent on my mom, dad is going to be here for 10yrs in nov 2009, and mom will be here for 10yrs in feb 2010. dad used to have student visa, but now he doesnt. can dad apply for ilr even though he is a dependent on a student visa?

Post by **John** » Sat Jan 19, 2008 8:02 pm

Yes, as long as he has been legally in the UK for the whole 10-year period, the category of visa does not matter.

Do appreciate that both your parents will need to pass the Life in he UK Citizenship test before making their respective ILR applications.

hypegal3 · Post by **hypegal3** » Sat Jan 19, 2008 8:13 pm

Thanks John, i understood, it but my mums visa was refused once and she wrote to the queen and the she got the 1yr extension.

Post by **John** » Sat Jan 19, 2008 8:21 pm

I think you need to post full details of the UK immigration history of both of your parents!

SYH · Post by **SYH** » Sat Jan 19, 2008 8:44 pm

hypegal3 wrote:Thanks John, i understood, it but my mums visa was refused once and she wrote to the queen and the she got the 1yr extension.

She wrote to the queen. That's a new one. And pretty good idea.

hypegal3 · Post by **hypegal3** » Sat Jan 19, 2008 8:48 pm

mom
6 months visiting visa-
8 feb 2000-aug 2000
student visa started
sep 2000- sep 2001
sep 2001- aug 2002
aug 2002 - sep 2003
sep 2003- nov 2004
nov 2004- jan 2005
they kept it for along time
nov2005-sep 2006
nov 2006- oct 2007
nov 2007-aug2008

DAD
6 months visiting visa
28 nov 1999- marc 2001
mar 2001 - 31 dec 2001
dec 2001 - sep 2002
sep 2002-jul 2003
jul 2003-sep 2004
sep 2004-nov2006
sep 2007- mar 2007
nov 2007- aug 2008
gaps in dads history is due to home office taking a long time, but he sent them in 28 days before they were expired every time.

Post by **John** » Sat Jan 19, 2008 10:26 pm

gaps in dads history is due to home office taking a long time, but he sent them in 28 days before they were expired every time.

What about Mom's visa applications? Also always submitted before the expiry of the previous visa?

And as regards the refusal mentioned earlier, following the refusal, was an appeal submitted?

sakura · Post by **sakura** » Sat Jan 19, 2008 11:10 pm

Why is there a gap in your father's visa applications? Between Nov 2006 and Sept 2007...what category was he in?

Do appreciate also that, due to the many changes expected in the new immigration system, the long residence category might not exist in November 2009. So don't assume everything is set just yet.

sunnyday · Post by **sunnyday** » Sat Jan 19, 2008 11:12 pm

sakura wrote:Why is there a gap in your father's visa applications? Between Nov 2006 and Sept 2007...what category was he in?

Do appreciate also that, due to the many changes expected in the new immigration system, the long residence category might not exist in November 2009. So don't assume everything is set just yet.

has a new proposal been put forward for changes in long residency?

Post by **vinny** » Sun Jan 20, 2008 12:41 am

hypegal3 wrote:Thanks John, i understood, it but my mums visa was refused once and she wrote to the queen and the she got the 1yr extension.

Did she get a personal reply from Her Majesty?

ci07jjs · Post by **ci07jjs** » Sun Jan 20, 2008 1:34 pm

sakura wrote: Do appreciate also that, due to the many changes expected in the new immigration system, the long residence category might not exist in November 2009. So don't assume everything is set just yet.

Why would that be? the changes only applies to visa applications such as hsmp, wp etc, but ILR would remain unchanged.

sakura · Post by **sakura** » Sun Jan 20, 2008 5:16 pm

ci07jjs wrote:
sakura wrote: Do appreciate also that, due to the many changes expected in the new immigration system, the long residence category might not exist in November 2009. So don't assume everything is set just yet.
Why would that be? the changes only applies to visa applications such as hsmp, wp etc, but ILR would remain unchanged.

I am not suggesting that it will change...I wrote that many changes are to be expected and one can't plan too far ahead into the future, especially since they haven't released all the information.

I guess we'll only know by asking those in the know what they've heard.

VictoriaS · Post by **VictoriaS** » Mon Jan 21, 2008 12:41 am

I think they both need a SAR.

Victoria

hypegal3 · Post by **hypegal3** » Mon Jan 21, 2008 10:26 am

all gaps in my parents passport was due to the HO taking along time and keeping our passport. they only spent 1 month out of the country and that was 6yrs ago. anymore question?

hypegal3 · Post by **hypegal3** » Mon Jan 21, 2008 11:29 am

what is sar? i keep seeing it in posts.

Post by **John** » Mon Jan 21, 2008 12:04 pm

Subject Access Request. That is, asking the Home Office for a copy of their file concerning that person.

For lots more information .... click here.

hypegal3 · Post by **hypegal3** » Mon Jan 21, 2008 1:20 pm

Thanks but why would I need a SAR?

SYH · Post by **SYH** » Mon Jan 21, 2008 1:45 pm

hypegal3 wrote:Thanks but why would I need a SAR?

Did you check John's link

hypegal3 · Post by **hypegal3** » Mon Jan 21, 2008 2:10 pm

yes i have read it, ok so does this show and explain the gaps or what?

Wanderer · Post by **Wanderer** » Mon Jan 21, 2008 4:00 pm

hypegal3 wrote:yes i have read it, ok so does this show and explain the gaps or what?

Not exactly - it doesn't explain anything but will provide the basis on which the HO will construe 'gaps' which nowadays is basically one day or more....

hypegal3 · Post by **hypegal3** » Tue Jan 22, 2008 9:59 am

Thanks guys for your help, so does anyone think my dad could apply for the ILR? His current visa expires in Aug 2008 and in Nov will be 10 yrs so you can see a huge gap, for when he is going to apply for it.

jes2jes · Post by **jes2jes** » Tue Jan 22, 2008 10:56 am

hypegal3 wrote:Thanks guys for your help, so does anyone think my dad could apply for the ILR? His current visa expires in Aug 2008 and in Nov will be 10 yrs so you can see a huge gap, for when he is going to apply for it.

The only time your dad can apply for ILR based on the LRC is 28 days before the tenth anniversary of his residency (although BIA will accept anything less than the 28 days so long as there is a valid LTR at the time of the application).

Your dad therefore has to make an application for extension to cover the 2 months prior to his anniversary (September and October) before he can apply.

Secondly, he would be better off with a SAR as suggested by other members since for all you know, BIA may think he has gaps. They do not state gaps in the SAR but they make reference to In-Time application and Out-of-Time applications. It only cost Â£10 currently. Nothing to loose but a wealth of information to gain.

All the best.

hypegal3 · Post by **hypegal3** » Tue Jan 22, 2008 11:09 am

Thanks Jes, I would have never thought of applying for an extra 2months extension, so what would this extension come under? Student, visitor, or what else? Thanks.

paulp · Post by **paulp** » Tue Jan 22, 2008 11:11 am

hypegal3 wrote:Thanks guys for your help, so does anyone think my dad could apply for the ILR? His current visa expires in Aug 2008 and in Nov will be 10 yrs so you can see a huge gap, for when he is going to apply for it.

~3 months is too long a gap. Having said that, I know someone who applied 4 months early and got ILR in the 10-year long residence category. It was an action of last resort but it paid off.

SYH · Post by **SYH** » Tue Jan 22, 2008 11:12 am

paulp wrote:
hypegal3 wrote:Thanks guys for your help, so does anyone think my dad could apply for the ILR? His current visa expires in Aug 2008 and in Nov will be 10 yrs so you can see a huge gap, for when he is going to apply for it.
~3 months is too long a gap. Having said that, I know someone who applied 4 months early and got ILR in the 10-year long residence category. It was an action of last resort but it paid off.

What also delays check processing is if you put a punch hole in one of the numbers or rip the check so it has to be manually processed.

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student visa and ILR

student visa and ILR