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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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Immigration Lawyers please... I have lived in the UK for

Customer Question

Immigration Lawyers please...

I have lived in the UK for 91/2 years, will be ten years in the UK come 24th August. However, my visa expires 3 months before I can apply. Now, I'm on Tier one post study visa, I have admission with university for Masters so I would need tier 4. However, I don't want to pay full international fees for my masters. Please advise on what to do.....

1. Should I go ahead and pay 3K upfront
2. Can I stop in July to apply for my indefinite leave. Would it affect any thing.
3. Please advise other alternative to extending my stay for three months before I can apply for indefinite.

I have been working as a Care Assistant for a year and half....


pleas advise
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi thank you for your question. I will be happy to assist you today.

1. In respect of you falling 3 months short of being in the UK legally for 10 years, you would need to fill in this gap, either by applying for a tier 4 visa or switching to a Tier 2 visa to undertake work in the UK. The fact is that you must have full 10 years residency in the UK, if you apply too early without having evidence of 10 years legal residency in the UK then your application will be refused and your fees will not be refunded.

2. There is nothing preventing you from applying for a Tier 4 visa, and once you have been issued with the visa and have been in the UK legally for 10 years apply for indefinite leave to remain, if you wish to stop studying after that then this is up to you but it would not effect your application as long as at the time of application you can show evidence of 10 years residency in the UK.

3. Unfortunately, there is no alternative in respect of applying for a 3 months extension. You need to apply for either a tier 4 or a tier 2 visa, make up the required amount of residency and the apply for indefinite leave to remain.

I understand that you may be hesitant to pay the fees regarding a new visa and all the other supplementary payment in respect of your course, but I would suggest that you do so simply because this would then mean that your indefinite leave to remain application will be much more straight forward without any complications.

It would be very unwise to waste the 9 1/2 years in the UK but not submitting an application which may be refused or incorrect.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards
Expert:  UK_Lawyer replied 3 years ago.
I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards