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cityguru
cityguru, Solicitor
Category: Immigration Law
Satisfied Customers: 13325
Experience:  Approved Immigration Expert.
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Hello, I have a query about acquiring indefinite leave to

Customer Question

Hello,

I have a query about acquiring indefinite leave to remain on basis of the 10 years long residence path.
I have been initially granted my student visa (tier 4) for 5 years on 29/08/2007 and entered the UK on 21/09/2007, I was doing post graduate training and was granted further extension on my tier 4 up till 5/9/2014. I will be starting my new job in august and will switch to a tier 2 visa which I assume would be for the duration of my 2 year contract, therefor I assume the tier 2 visa should expire on or around the 9th of September 2016.

Would I qualify for the 10 year long residence visa after that considering I will be starting my 10th year on 21/09/2016?

Many Thanks,
Ali
Submitted: 2 years ago.
Category: Immigration Law
Expert:  cityguru replied 2 years ago.
Hi Ali thanks for your question. 10 years continuous lawful residence means exactly that - so if you arrived in the UK on the 21st September 2007 , you would qualify for settlement on the 21st September 2017.

if you can get a tier 2 visa it should last for 3 years normally.

Customer: replied 2 years ago.

would a tier 2 visa be 3 years regardless of the work contact length?

also if it was for 3 years, I would assume it would expire at the similar date to my current visa which would be 5/9/2017 making it a few days short. in that case, would I still be considered for a 10 years residence, or would i need to extend my tier 2 to fall after the 21st of September ?

Is there a way for the UKBA to grant special consideration of the expiry of a visa in that case?

Thanks

Expert:  cityguru replied 2 years ago.
If you are offered a fixed term contract might cause them to issue a visa for a shorter period.


If your visa expired a matter of days short then it would make little difference as you could apply for an extension and as long as you have applied your leave is automatically extended lawfully which would take you over the 10 year period. You can apply for ILR up to 28 days in advance.

I would not expect any special consideration in the current political climate where the UKBA is under pressure to get net migration down. You can expect no favours I am afraid although they are realistic and certainly they will not prevent you getting ILR if you are here for 10 years - there is no point in refusing as the courts would never deport you unless you were guilty of an offence.
cityguru, Solicitor
Category: Immigration Law
Satisfied Customers: 13325
Experience: Approved Immigration Expert.
cityguru and 2 other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Would I be able to clarify the 10 year duration;
21 Sept 2007 I would have started year 1
On 21 sept 2016 I would have finished year 9, and on 22 Sept I would be day 1 of my 10th year. Does the 10 year residence application go on completion of 10 years or on the day I would be starting year 11?

Thanks
Expert:  cityguru replied 2 years ago.
Thanks apologies for the delay. Actually you would start year 10 on the 21 sept if you entered the UK on the 21st and would have competed 10 years on the following 20th september but it does not really matter - you can apply up to 28 days in advance of the end of the 10 year period.

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