QUESTION: I am an overseas student and have been studying in the UK since October 2000. I am hoping to apply for a long residence visa as I will completed 10 years lawful stay in this October. However, the course I am studying for now will finish at the end of August this year. Do I need to enrol for another course on completion of my current visa?
ANSWER: The rules dictate that you must have valid leave to remain in this country at the time you submit your application for ILR. Therefore, Applicants must submit their application before their visa expires, but not before they have completed the 10 year period of continued residency.
Although your course concludes in August, the period of continued residency is normally considered up until the expiry of your last visa. If your current student expires before the 10-year period has accrued, then you will may have to seek further leave to remain (e.g. student extension etc…) in the UK, which will cover you up until you become eligible for indefinite leave to remain in October.
However, for further professional legal advice on this matter it is recommended that you seek further legal advice from a firm of accredited immigration solicitors.
Tel: 020 8884 1166