Indefinite Leave to Remain

[papasmuff2000]

This month I will be ten years old in uk. In all the the 10 years I have been on student visa. However in the last one year I have not attended school due suspension from uni for lack of progress. I utilised all appeals with uni but all were reject and their decision to to expel was upheld. I now want to make my application for indefinate based on 10 long residency. I consulted a solicitor and he told me that I should register myself with school as matter of safety precaution, as I should be able to demonstrate that I am not breaking the conditions my leave to remain as student in uk. I donot have any absence nor in breach of any other conditions that will invalidate my application. Could anyone advise me please. Thank you.

[arsenal49]

and..presumably your student visa has not been curtailed yet?

[papasmuff2000]

my current student is due in October

[arsenal49]

your reply doesnt make sense

[2012]

This month I will be ten years old in uk. In all the the 10 years I have been on student visa. However in the last one year I have not attended school due suspension from uni for lack of progress. I utilised all appeals with uni but all were reject and their decision to to expel was upheld. I now want to make my application for indefinate based on 10 long residency. I consulted a solicitor and he told me that I should register myself with school as matter of safety precaution, as I should be able to demonstrate that I am not breaking the conditions my leave to remain as student in uk. I donot have any absence nor in breach of any other conditions that will invalidate my application. Could anyone advise me please. Thank you.

1. If you did not attend school for 1 year then Uni wud have or shud have informed HO about it as if a student miss 10 lectures in a row then it is the responsibility of the uni to inform HO.
2. On wat basis wud u apply again (with the same uni or different uni)?

[derlin]

This month I will be ten years old in uk. In all the the 10 years I have been on student visa. However in the last one year I have not attended school due suspension from uni for lack of progress. I utilised all appeals with uni but all were reject and their decision to to expel was upheld. I now want to make my application for indefinate based on 10 long residency. I consulted a solicitor and he told me that I should register myself with school as matter of safety precaution, as I should be able to demonstrate that I am not breaking the conditions my leave to remain as student in uk. I donot have any absence nor in breach of any other conditions that will invalidate my application. Could anyone advise me please. Thank you.

Hi,

I'm afraid you've breached the conditions of your student visa. What course did you enrol? How long were you on the course? Did your uni warn you of the possibility of you being expelled? If so how many times?

Answers to these questions would help us understand the severity and circumstances of your expulsion from studies. In very rare circumstances would an uni expel a student on the basis of lack of academic progress unless a student has stayed on the course for several years considered unacceptable. Even the latter is still insufficient to expel a student. Before the academic board arrive at a decision to expel a student on the grounds of lack of academic progress, they are required to provide sufficient learning support to you. If you failed to access learning support, they are required to warn you of the consequences. Usually, three warnings or so.

You should have immediately enrolled in a new course with another uni or College after the expulsion. Then inform UKBA about the switch. One year of non-studies is too long, and potentially invalidates your pending ILR application. That's why your solicitor advised you to get enrolled.