ILR refused - Need your help!

[divineperson]

Hello Everyone!

I am a 28 year old Indian woman currently residing in the UK. I arrived over here on August 2003 on a student visa. I studied a professional course as a full time student in a recognised university in UK. Ever since then I've been extending my student visa on a yearly basis until August 2008 when I completed five years. Since I had completed 5 years of stay in UK I applied for ILR in SET (0) "other" category. On 5th April 2009 I received a letter from the home office which stated that my ILR has been refused. The letter stated that since I've been residing in UK as a student I am not eligible for a settlement visa. I have the following queries:-


1.I had applied for ILR before expiration of my Student Visa [which was on August 2008]. I have overstayed here since my application was refused. At this point of time what would be better - to appeal against refusal of my ILR application Or to apply for a student visa extension on the grounds I've been granted full time admission in a college?

2.In the event I've to apply for a student visa extension, am I eligible to freshly apply for an ILR again in the future and if so, when Or in the event I've been granted a student visa extension, can I immediately or in the near future appeal against my present ILR refusal?

3.I also wish to know if I get full time employment offer from a company in the Uk and whether my employee is eligible to apply for a work permit in uk [for someone whose ILR has got rejected and is overstaying in UK from date of rejection letter] and if I do get the work permit visa can I appeal against ILR refusal while on a work permit visa?

I am highly worried and would appreciate guidance from all of you nice people!

[web2005]

There is NO 5 years rule for ILR on student visa. You can not apply for ILR being on student visa for 5 years.

Student visa holders can apply for ILR under long residence rule after 10 years legal stay.

[rizwan_ali]

Hello Everyone!

I am a 28 year old Indian woman currently residing in the UK. I arrived over here on August 2003 on a student visa. I studied a professional course as a full time student in a recognised university in UK. Ever since then I've been extending my student visa on a yearly basis until August 2008 when I completed five years. Since I had completed 5 years of stay in UK I applied for ILR in SET (0) "other" category. On 5th April 2009 I received a letter from the home office which stated that my ILR has been refused. The letter stated that since I've been residing in UK as a student I am not eligible for a settlement visa. I have the following queries:-


1.I had applied for ILR before expiration of my Student Visa [which was on August 2008]. I have overstayed here since my application was refused. At this point of time what would be better - to appeal against refusal of my ILR application Or to apply for a student visa extension on the grounds I've been granted full time admission in a college?

2.In the event I've to apply for a student visa extension, am I eligible to freshly apply for an ILR again in the future and if so, when Or in the event I've been granted a student visa extension, can I immediately or in the near future appeal against my present ILR refusal?

3.I also wish to know if I get full time employment offer from a company in the Uk and whether my employee is eligible to apply for a work permit in uk [for someone whose ILR has got rejected and is overstaying in UK from date of rejection letter] and if I do get the work permit visa can I appeal against ILR refusal while on a work permit visa?

I am highly worried and would appreciate guidance from all of you nice people!

there is rule for student ILR its currently 10 year rules there is no need to apeal of apply again coz it will be waste of money ok after 10 year you can apply under the current rules

[bani]

as they said, there is no point in appealing. you will get rejected, you don't qualify for ILR at this time.

i am not familiar with the process of student visa extension, but if you can get it by first week of may, do it. you are overstaying right now, and when you've overstayed your student visa for more than 28 days, it is much less likely that you will be approved for future stays in the UK. i hope you find a workable option.

good luck.

[jei2]

A couple of years ago when the Home office started informing students about the 5 year requirement for settlement, it confused a lot of students. It was hard work then explaining that they weren't eligible for settlement in a student category until they'd reach the 10 year mark.

With posts like the OP's one I'm starting to wonder if there wasn't a more cynical reason behind it. If UKBA is going to be producing defective "products" in a competitive market, maybe there should be a case for a refund!

To add to what's already been advised here, for goodness sake don't go taking up full time work because you think you've got"rights". That will simply be a breach and won't help your case - or your application for a student extension.

[1971]

Hi,

Quite pitifully to read that you applied for ILR after 5 years on Student Visa. If you have completed your studies, and you havent overstayed, there is the option of PSW(Post Study Work) permit which allows you to stay and work in the UK after completing your Degree studies here. You can check the requirements out and see if you qualify.

I wish you well.

Cheers.
1971.

[WEBBY]

You have to wait wait 14 years because in the meatime you are already an illegal immigrant.The 10 year period applies to those are in this country legally PRIOR to the expiry of their permitted period of stay.Its a pitty you should have have asked for some advice because there is noway a student can apply for ILR after 5 years

[WPHSMP]

I am so sorry to read this ..not sure which planet she is in ...