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Is Youth Mobility Scheme And Post-Study Work Visa Are Considered In Lawfully 10 Years Of Ilr?

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#1 Sally11

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Posted 23 November 2012 - 01:16 PM

Hello guys,

Here is my case,
I'm a Japanese and I have lived in UK since april of 2003 so its gonna be fully 10 years in next April and I want to apply for ILR.
I came to UK as a full time University student and so was I for another 5years.
and after that I granted Post-Study Work visa for 2years. and after that I granted Working holiday visa for another 2 years which I'm on now and will be expired in next Feb.
To gain 'fully 10years', its gonna be 2months and 20days short so I am thinking of extending my visa to student visa if there is any possibility I can apply for ILR after this.

However I've heard 'Post study work visa' and ' Working holiday visa' are not considered for 'Lawfully 10 years for ILR'...
I have researched on internet but couldn't find the clear information and explanation but only rumor....
Please please please please any kind people know about this please let me know, I am on the edge as my expiring date are so close :( :(

Many many thanks,
Sally



#2 Gentleman of Leisure

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Posted 23 November 2012 - 01:22 PM

They will be considered. You just have to make sure there are no breaks in your residence. You can read the long residence guidance to know how to define breaks.

#3 SkillClear

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Posted 23 November 2012 - 01:23 PM

Whoever you are listening to has confused the 5-year rules with the Long Residence rules, so don't listen to that person any more! ;)

#4 ste

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Posted 23 November 2012 - 01:35 PM

Doesn't the fact you have to apply for Tier 5 from outside UK break residency?

Also the 10 years doesn't add up unless I've missed something, 5 yrs Uni, 2yrs PSW, 2 yrs YMS is 9 years, not 10...

#5 Sally11

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Posted 23 November 2012 - 02:06 PM

Hi thanks for your quick replies, very very appreciated!

and I'm sorry for my explanation wasn't clear enough.

I have entered in UK April 2003, got student visa for 1 year on my arrival at Heathrow airport. And then I have kept stayed in UK as a full time student til Oct 2008.
So I was a full time student for 5years and 6months technically.

And then when my Post study visa expired which was Nov 2010, I went back to Japan and granted YMS next Feb.

So there is nearly 3months gap between Post-Study and YMS, does this mean I am failed to apply to ILR even I could extend my visa and able to stay longer than April 2013?

If not I am going to apply for college to get one year stay so it would be fully 10years when I finish the course...

#6 SkillClear

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Posted 23 November 2012 - 02:09 PM

If you have a valid visa when you leave the UK and a valid visa when you enter the UK then that is ok under Long Residence rules.

#7 ste

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Posted 23 November 2012 - 02:45 PM

Seems like there's a break to me with no valid visa to cover....

#8 SkillClear

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Posted 23 November 2012 - 02:48 PM

An interesting theory, but...

#9 Gentleman of Leisure

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Posted 23 November 2012 - 02:50 PM

And then when my Post study visa expired which was Nov 2010, I went back to Japan and granted YMS next Feb.


As long as you left before the date of expiry of the PSW you will be fine.

http://www.ukba.home...pdf?view=Binary

Example 2
A person enters the UK on 1 September 2004 with entry clearance as a student which is valid until 31 October 2005.
On 25 October 2005, before the previous leave expired, the person departs the UK.
On 5 January 2006 the person re-enters the UK with valid entry clearance as a student.
Question: Has continuous residence been broken?
Answer: No. The person had valid leave on the date of their departure and on the date of their return to the UK, and the time spent outside the UK was less than six months. Continuous residence has been maintained, even though the person entered the UK with a fresh grant of leave.

#10 Victoria

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Posted 27 November 2012 - 09:13 AM

Ste, you are wrong.





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