Student visa for more than 5 years, can I apply for a permanent visa?
Hi there I am from Brazil and I have student visa for more than 5 years.I've heard that I can apply by Humans rights to get a permanent visa is this true? How? regards Hi there, I've been in UK nearly 5 years now, with student visa. I've heard that I could apply for a permanent visa through the human rights is that true? how? regards Solar
Immigration - 8 Answers
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1 :
talk to the US state dept.
2 :
You don't say where ? That said I an unaware of any country where this applies. Ian M
3 :
No, in British law you would need to be resident continously for 10 years on a student visa before you become eligible for Indefinite Leave to Remain - that is under current legislation, it could change in the future. Because a student visa is designed to be temporary & as part of the terms you must leave the country once it expires the normal five year period for those working in the UK doesn't apply.
4 :
no. A student visa is a non-immigration visa. It is assumed that you return to your home country after studying. It does not give you any rights to a permanent visa.
5 :
You are partly correct. You can apply for ILR after 10 years of *continuous* stay. It relates to some kind of human rights law. The 5 year time limit is for people on employment visas. There are special circumstances where you could apply under these time limits. You need to seek legal advice for that.
6 :
Hi, My understanding of UK immigration law is that student visas does not count towards permanent residency. It is the the understanding once it is issued that you will return to your country once your studies are completed. In answer to your question you cannot apply for permanent residency based on human rights.
7 :
No. A student visa is classed as a temporary visa and as such carried no residency rights. You could not apply to stay in the UK under any sort of human rights, only through asylum and I doubt you would be taken very seriously if you tried to claim refugee status from Brazil, particularly if you have been in the UK for five years. If your human rights were being breached in Brazil you should have claimed asylum immediately you arrived. The only exception would be if you had been legally given permission to study in the UK for ten consecutive years, you could then apply for ILR. This concession is very rare and is usually given for children who otherwise would lose the right to remain in the UK on reaching 18. It is unlikely UKBA would continue allowing an adult to study for that length of time in the UK these days.
8 :
nope you have to be here for at least 9-10n years to apply for a visa
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