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student visa -> resident visa

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MGW
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Posts: 3
Joined: Fri Aug 13, 2004 9:25 am

student visa -> resident visa

Post by MGW » Sun Sep 19, 2004 1:53 pm

Hello. I have mainly two questions, which may be quite basic, but I appreciate if someone could help me.

BACKGROUND:
I'm Japanese and will have lived in England for 10 years next summer on the basis of student visa. (I have studied at postgraduate level all the time.) I heard that you can apply for "resident visa" after you have lived in England for 10 years. I started to explore the website of IND, but have a problem finding a right category for my case.

I found lots of categories such as follows;
- Persons seeking to enter or remain in the United Kingdom for employment (Work permit employment, Highly skilled migrants, Sole representatives, etc) This is just an example and there are more categories and I'm now confused.

**
QUESTION 1:
What is the right category of so-to-speak "resident visa" in my case?

QUESTION 2:
As I haven't been able to find out the right category of my application, I haven't been able to explore any further detials.
I'm wondering if there is a limit of days you can be out of England (for example, 90 days per year) in order to be eligible to apply for the resident visa.
**

I should be grateful if someone would help me with some ideas.
Thank you in anticipation. :D

tvt
Senior Member
Posts: 526
Joined: Mon Jul 15, 2002 2:01 am
Location: London

Post by tvt » Mon Sep 20, 2004 11:21 am

When you complete the 10 year period you should apply for permanent residence (ILR) under the long residence category.

You should read this: (download the pdf file)

http://www.ind.homeoffice.gov.uk/ind/en ... _long.html

Bear in mind that the above IDI is not updated and today the Long Residence Category is under the Immigration rules:

Long residence

Long residence in the United Kingdom

276A. For the purposes of paragraphs 276B to 276D:

(a) "continuous residence" means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant:

(i) has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or

(ii) has left the United Kingdom and, on doing so, evidenced a clear intention not to return; or

(iii) left the United Kingdom in circumstances in which he could have had no reasonable expectation at the time of leaving that he would lawfully be able to return; or

(iv) has been convicted of an offence and was sentenced to a period of imprisonment or was directed to be detained in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), provided that the sentence in question was not a suspended sentence; or

(v) has spent a total of more than 18 months absent from the United Kingdom during the period in question.

(b) "lawful residence" means residence which is continuous residence pursuant to:

(i) existing leave to enter or remain; or

(ii) temporary admission within section 11 of the 1971 Act where leave to enter or remain is subsequently granted; or

(iii) an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.




You should then fill in form SET(O)

http://www.ind.homeoffice.gov.uk/ind/en ... )Aug03.pdf
and post it to the IND with the relevant documents.
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MGW
Newly Registered
Posts: 3
Joined: Fri Aug 13, 2004 9:25 am

Thank you

Post by MGW » Tue Sep 21, 2004 12:10 am

Thank you very much for your advice.
I do appreciate it. It's kind of you. :D

tvt
Senior Member
Posts: 526
Joined: Mon Jul 15, 2002 2:01 am
Location: London

Post by tvt » Tue Sep 21, 2004 9:44 am

Sorry but I pointed to the incorrect application form. The correct one is:

http://www.ind.homeoffice.gov.uk/ind/en ... )Aug03.pdf
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MGW
Newly Registered
Posts: 3
Joined: Fri Aug 13, 2004 9:25 am

Thank you again!

Post by MGW » Tue Sep 21, 2004 10:54 pm

:D

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