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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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good afternoon.. i arrive in uk since sept. 2004 and im a student

Resolved Question:

good afternoon.. i arrive in uk since sept. 2004 and im a student visa, iam already 7 years in uk becaue i keep on extending it and enrolled for my qualification...my question is do i qualified now to apply for indefinite leave or residency in uk? thank you very much for your effort.. because im a little bit confuse the policy in uk..
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.

Hi,


Thanks for your question.


I'm sorry, no. You cannot at the present time apply for indefinite leave to remain. There is actually no special provision for students to obtain indefinite leave to remain and so therefore such student who are eligible must apply for ILR on the basis of the long residence rules.


This means that you may apply for ILR after you have completed 10 years lawful residence in the UK and your time as a student may count towards meeting this criteria.

 

If you are still studying then you must continue to extend your visa as necessary or otherwise switch in to a further visa category to continue your stay here. If you switch to a workers visa then you can apply for a long residence after 3 years because both this three years and your previous ten count towards the 10 years required for ILR under long residency.

 

In consideration of your application for long residency the following you should also meet the following:-

  • You should not have been outside the UK for longer than six months in any one time during the relevant period.
  • You should not have been outside the UK for longer than 18 months in total during the relevant period.
  • You should not have left the UK during the relevant period with a clear intention not to return to the UK.
  • You should not have left the UK over the ten year period after being refused entry to the UK, or after being refused an extension of leave to remain in the UK or after being deported.
  • You should not have been convicted of an offence and imprisoned, or otherwise detained in another institution over the relevant period.

  • Sorry it could not be better news.

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    Kind regards,

     


    Tom

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