re: Long await is over but still unclear

[Bob99]

Hi Everyone,
I am following this board and so helpful discussion.
Now I have one doubt: can someone pl advice, please.
- I am going to complete ten years legal stay on 22-09-2012.
- I have already sent my SET(O) application.
- I am now on student visa valid till 2015.
Now My Query:
If I inform my university on 30/09/2012 that I want to defer my study till next Sept'13 what will be reactions?
From my side: Next Sep'13, I will be on home rate of fees.
But My sponsor will inform UKBA that I am no more student; but by that time I have completed qualifying period of ten years.

Is it too risky to defer from Uni or I am safe as I have completed ten years legal stay.
Please expert opinion .

[wpilr_nov12]

You have come this far and this close. Do not try to play the system if something were to go wrong you'll simply wipe out your 10 years

[Bob99]

Many thanks wpilr_nov12.
If I defer for net term term, I will only pay home fees.
As per 276 B(i) states that " He has had atleast 10 years continuous lawful residence in the UK."
I never UK in the last ten years and always extented visa in time and no single gap.

Under curtailment of leave for PBS 4, my case will be under discretion as
i) i have pending application for variation of leave
ii) I have a dependent child who is under 18 and he has had more than 10 years continuous lawful residence.

Opinion please,
Bob99

[wpilr_nov12]

Until the day you are granted a new leave (ILR in your case), you are bound by the T&Cs of your existing leave (student in your case). So just because you have completed 10 yrs does not mean your status changes.

Also, this discussion might be useful to you: http://www.immigrationboards.com/viewtopic.php?t=105204

[Bob99]

Hi,
The rule says" once an applicant has built up a period of 10 years continuous lawful residence, there is no limit on the length of time afterwards that can apply. This means they could leave the UK, re-enter and apply for settlement based on a 10 year period of coninuous lawful residence they built up in the past".
So it is sorted.

Thanks anyway

[GMacNab]

Hi,
The rule says" once an applicant has built up a period of 10 years continuous lawful residence, there is no limit on the length of time afterwards that can apply. This means they could leave the UK, re-enter and apply for settlement based on a 10 year period of coninuous lawful residence they built up in the past".
So it is sorted.

Thanks anyway

Yes, but you have to APPLY for indefinite leave to remain, your status remains the same until the application is granted. You don't automatically get ILR.