Student ILR after 10 Years in UK

[Bhupal]

Hello

On 05/May/2003 I came to UK as a student visa.Now I am planning to apply ILR.During my student visa time,I never had any problem to extend my visa.I always extend before 1 or 2 month before my visa expired.

But I have some question?
(1) When I entered UK.I mistakenly tick unmarried in my UK student visa from my country.But when my wife and daughter applied to join me in UK,their both visa was rejected due to this unmarried,Later after 2 years court battle,they issue student dependent visa,they both came to UK on 19/April/20006.

(2)Another case with me is on 2007 I applied ILR as Ex.British Gurkha son as a unmarried,because my solicitor told me to do so.But UKBA rejected my ILR saying I am married man.I stopped ILR and continues my student visa which was remaining at that time.

(3)But just recently on 05 Jan 2013 I applied my student visa to extend with my wife and daughter as my dependent.We gave biometric finger print on 02 Feb 2013,before our visa expire on 14 Feb 2013.

(4) I am planning to SAR report from UKBA as well.Will there be any problem with my student visa if I request SAR?

My question are:
(5)How can I appy ILR as a student living 10 years continous.Where I spend outside UK only 100 days roughly during 10 years times.

(6)If my student visa is not issued before 05 May 2013.What are the procedure to me to apply ILR.

(7)Will UKBA review my previous ILR refuses case from my father side as a unmariied in 2007?

(8)Will UKBA review my mistakenly unmarried on my entry clearance student visa form?

(9)My connection to UK are my father was a Ex.British Gurkha soldier served to Queeens and country for 18 Years.On 2005,both my bad and mom are granted ILR as former British Gurkha soldier.Since 2007 they worked to support my education and maintenance fees.

(10)Also my daughter was born abroad,but since 19 April 2006,she was lived in UK.Went from Nursury till today 5 class here in UK school. will be 7 years living in UK on 19 April 2013.

(11)During my student life some times I worked more than 20 hours,wil that effect my ILR application?

(12)Do I need mainyance funds to apply ILR?Do I have to attached my parent sponser letter?

(13)If my student visa doesn't comes by 5 May 2013.What shall I do? Shall I write a covering letter and filled SET(0) form without my passport?which UKBA are helding it?

(14)Will I qualified for ILR as a 10 years student in UK?

(15)Do I need to apply through solicitor or can I apply myself?

(16) Can I apply ILR on 05 Aprril 2013 instead of 05 May 2013?Whcih is exact date of my 10 years in UK.

(17)If my student visa was in pending,I applied ILR.what will happen to my wife and daughter?Are they going to be illegal staying in this country?

(18) What shall I wirte on a covering letter to make a strong ties to UK for ILR?

I truly apprecaite your effort.

Kind regards
Bhupal
Leeds

[Graceofgod]

[quote="Bhupal"]Hello

On 05/May/2003 I came to UK as a student visa.Now I am planning to apply ILR.During my student visa time,I never had any problem to extend my visa.I always extend before 1 or 2 month before my visa expired.

But I have some question?
(1) When I entered UK.I mistakenly tick unmarried in my UK student visa from my country.But when my wife and daughter applied to join me in UK,their both visa was rejected due to this unmarried,Later after 2 years court battle,they issue student dependent visa,they both came to UK on 19/April/20006.

(2)Another case with me is on 2007 I applied ILR as Ex.British Gurkha son as a unmarried,because my solicitor told me to do so.But UKBA rejected my ILR saying I am married man.I stopped ILR and continues my student visa which was remaining at that time.

(3)But just recently on 05 Jan 2013 I applied my student visa to extend with my wife and daughter as my dependent.We gave biometric finger print on 02 Feb 2013,before our visa expire on 14 Feb 2013.

(4) I am planning to SAR report from UKBA as well.Will there be any problem with my student visa if I request SAR?

My question are:
(5)How can I appy ILR as a student living 10 years continous.Where I spend outside UK only 100 days roughly during 10 years times.

(6)If my student visa is not issued before 05 May 2013.What are the procedure to me to apply ILR.

(7)Will UKBA review my previous ILR refuses case from my father side as a unmariied in 2007?

(8)Will UKBA review my mistakenly unmarried on my entry clearance student visa form?

(9)My connection to UK are my father was a Ex.British Gurkha soldier served to Queeens and country for 18 Years.On 2005,both my bad and mom are granted ILR as former British Gurkha soldier.Since 2007 they worked to support my education and maintenance fees.

(10)Also my daughter was born abroad,but since 19 April 2006,she was lived in UK.Went from Nursury till today 5 class here in UK school. will be 7 years living in UK on 19 April 2013.

(11)During my student life some times I worked more than 20 hours,wil that effect my ILR application?

(12)Do I need mainyance funds to apply ILR?Do I have to attached my parent sponser letter?

(13)If my student visa doesn't comes by 5 May 2013.What shall I do? Shall I write a covering letter and filled SET(0) form without my passport?which UKBA are helding it?

(14)Will I qualified for ILR as a 10 years student in UK?

(15)Do I need to apply through solicitor or can I apply myself?

(16) Can I apply ILR on 05 Aprril 2013 instead of 05 May 2013?Whcih is exact date of my 10 years in UK.

(17)If my student visa was in pending,I applied ILR.what will happen to my wife and daughter?Are they going to be illegal staying in this country?

(18) What shall I wirte on a covering letter to make a strong ties to UK for ILR?

I truly apprecaite your effort.

Kind regards
Bhupal
Hi Bhupal,

Ticking the unmarried section will not affect your ILR application as it was your genuine mistake but applying for ILR as a unmarried person being married at the point of application will be taken as deception so may affect your ILR application on 10 years lawful stay basis. Having said that you have strong connection to the UK and You also have very little absences from the UK with no gaps on visas and these attributes are in your favour so UKBA may find it very difficult to refuse your ILR application.
It is difficult to say whether you need a solicitor or not because everything depends on your confidence. You will definitely get a lot of help from this forum.End of the day it is your application so your decision counts on everything.
you can apply 28 days before the 10th anniversary of your arrival in the UK. You need to pass life in the UK test before you apply. You do not need any maintenance so no sponsorship letter needed from your parents but you can write about your parent's status in the covering letter along with the other strong points you have in your favour.
Working more than 20 hours will definitely affect your application as this is breach of student visa conditions but the question is whether UKBA will try to dig into your past employment history or not?
If you do not get decision for your student visa before you qualify for ILR on 10 years basis then you can vary your student visa application to ILR application.
Hope this helps,

[Bhupal]

Hi Graceof God

I really thank you very much for your reply.

(1)On 2007 I applied ILR as a unmarried because my solicitor told me to try it.

(2)I have already passed my life in UK Test.

(3)If my student visa decision doesnot comes by my 10 year 05/May 2013,What sort of document do I need to send to UKBA for ILR?
Only SET(0) form and life in UK Test passed certificate because all my passport is with UKBA for student visa pending?

(4)Do my above case looks complicated,I am also 50/50 to used solicitor or not,becoz after seeing this forum,there seems easy but my previous history made me scare.Solicitor might be expensive ?

Kiind regards
Bhupal
Leeds

[Bhupal]

One more question Graceofgod

(1) I am planning to appy SAR(subject access request) for my immigation history from UKBA.If I apply SAR will that effect my student visa pending application which I send on 05/Jan/2013 and visa was expired on 14 Feb 2013.

(2) During my student visa pending with UKBA,if I crossed 10 Years on 05/May/2013 and I applied ILR on a basis of 10 years in the UK as a student.What will happen to my wife and daughter case? Are they going to be illegally stay in the UK?

Please help.
Kind regards
Bhupal
Leeds

[Graceofgod]

One more question Graceofgod

(1) I am planning to appy SAR(subject access request) for my immigation history from UKBA.If I apply SAR will that effect my student visa pending application which I send on 05/Jan/2013 and visa was expired on 14 Feb 2013.

(2) During my student visa pending with UKBA,if I crossed 10 Years on 05/May/2013 and I applied ILR on a basis of 10 years in the UK as a student.What will happen to my wife and daughter case? Are they going to be illegally stay in the UK?

Please help.
Kind regards
Bhupal
Leeds

As you signed & declared to say that the information you had given was genuine and to the best of your knowledgeg, you cant blame your solicitor to justify this to Ukba as you were not a minor in 2007. We all know there are thousands of solicitors hungry for money, unprofessional& without any personal integrity, it is best to avoid them if possible. For your case I do nt think solicitor can do much. When you complete 10 years you need to send set o form along with LIUK and acknowledgement letter. I think you need to fill up one more form.I think COC form i am not quite sure.When you receive the acknowledgement letter i think you can vary your dependants' application to flrM but i am not quite sure about this as well,seniors may help.

[vinny]

Dependant of ILR (long residence) applicant on PBS leave

[Bhupal]

Dear Graceofgod and Vinny

Thanks for yours help.One more question.

(1)Can I apply 28 days before I reached 10 years i.e 05 April 2013 instead of 05 May 2013?

(2)Do I really need to filled COC form as well with my ILR application?

Regards
Bhupal

[Bhupal]

ALso .....Will UKBA consider my ties more stronger if I attached my both father and mother passport which they received ILR as a former British Gurkha soldier in 2006,also they both worked full time here in Uk to support my education.

Regards
Bhupal
Leeds.....

[vinny]

See also Gurung & Ors, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 8 (21 January 2013) relating to Gurkha's dependant adult children.

See also Long Residence staff instructions relating to 28 days.

[Chrisrice]

Thanks Vinny and Graceofgod

[Chrisrice]

Dear Vinny

I wanr to apply ILR as a student lived here in UK for 10 years.But mystudent visa whcih I send on Jan 2013 is still pending with UKBA.On May 2013 it will be 10 years exact I came to UK as a student.

What reason shall I give to chnaged into ILR even though my student visa is still pending and my all passport are with UKBA.As graceof god said do I have to fill coc form with SETO....Is this right?

Please help....God bless you.......
Bhupal...
Leeds

[vinny]

I thought that you already had ILR?

An undecided in-time valid application may be varied to ILR when eligible.

[Maris]

I know this post was 5 years ago but I was wondering if the ILR application was approved? Did you encounter any difficulties?

[CR001]

I know this post was 5 years ago but I was wondering if the ILR application was approved? Did you encounter any difficulties?

Kindly start your own topic with your questions and circumstances instead of digging up old threads. The original poster in this topic got ILR in October 2013.