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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6296
Experience:  BA (Hons), PgDip, Practising Solicitor
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hi there i have 2 sons in uk as students the 1st one(20yrs)

Resolved Question:

hi there i have 2 sons in uk as students the 1st one(20yrs) is here since 09-2006 and he will finish his studying at 2014.The 2nd one(18 yrs) is here since 09-2007 and he'll finsh his studying at 2016 .they wanna apply for Indefinite can they apply? They aren't work, and if they are not allowed to apply when they can do that and what are the steps to do that?

the 1st son granted student visa when he was in the school from 09/2006 till 10/2009 and he got another one n his university from 09/2009 till 01/2014 but he will extend his studying 1 more year (till 2015)

he has been in UK continously in total (5yrs)

The 2nd son granted student visa to his school from 08/2007 till 10/2008 and got another one from 08/2008 till 10/2011 then he got the latest one from 09/2011 till 10/2014
he has been in uk continously in total (4yrs)
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

I’m afraid that if they have both been here on student visas (ie. Tier 4 visas) then they will not be able to apply for Indefinite Leave to Remain. This is because there are no special provisions relating to time requirements for Students for the purpose of applying for ILR. They do no have the benefit of only a 5 years residency requirement (for workers) or a 2 years residency requirement (for spouses of UK nationals/persons with ILR).

Instead, a student who wishes to apply for ILR must do so on the basis of the long residence rules. This means that they must be able to show that they have been in the UK legally for a continuous period of 10 years. As such, your children would not be3 eligible to apply I regret to say.
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Kind regards,


Tom
Customer: replied 2 years ago.
Thank you for your reply but I want to ask you please if they will continue to study under (General Tier 4 visa) in UK till they will complete a continuous period of10 years , will they be eligible to apply for ILR? Thanks.
Expert:  Thomas replied 2 years ago.
HI,

Yes, if they remain as students and continue to renew their visas so that they have an unbroken chain of residence for 10 years they will be eligible to apply for ILR, provided they do not spend significant time outside of the UK.

Trust this clarifies, please click accept.

Kind regards,

Tom
Thomas, Solicitor
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Experience: BA (Hons), PgDip, Practising Solicitor
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