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I want to know if I am eligible to apply for ILR after 5 years. I have been in the UK on different categories and I have not broken the continuous time requirement. I am confused because of different visas I was on and I will try and explain this to you below.

06/02/2012 - 14/05/2015 PBS Dependant child Tier 1 Entrepreneur

14/05/2015 - 13/09/2017 Student undergrad

13/09/2017 - 07/07/2017 Student postgrad

07/07/2018 - 07/01/2021 Spouse

I understand that student visa does not count but omitting the student visa, I have been in the UK for 5 years on visas that do count towards the 5 years. The confusion is that the visas were not continuous but my time in the UK was.

So from 06/02/2015 to 14/05/2015 - I was on PBS Dependant so that is 3 years and 3 months. Then on spouse visa where my additional 2 years completed on 07/07/2020.

I have to extend my spouse visa in December 2020 but I want to know if there is a possibility of an ILR without having to spend another 2.5 years? If so, do I use Set (M) or Set(O)?

Also, If I apply for ILR and it is refused, will I be granted an extension automatically or will I have to apply again for that?

Thank you.

You have to complete 5 years minus 28 days counting from initial date of entry in UK (on this route) on your spouse visa before you can apply for ILR in 2023. You will apply ILR on SET(M).

To extend your spouse visa in Dec 2020, you will use FLR(M).

All legal residence qualifies for ILR under 10 years long residence. You should be able to apply in February 2022. SET(LR)

Casa wrote: ↑

Sat Oct 10, 2020 10:40 am

All legal residence qualifies for ILR under 10 years long residence. You should be able to apply in February 2022. SET(LR)

13/09/2017 - 07/07/2017 Student postgrad

07/07/2018 - 07/01/2021 Spouse

Given there is a 1 year gap between the post grad visa in 2017 and spouse visa in 2018 it would break the continuous residency or maybe its a typing error?

Mifz wrote: ↑

Sat Oct 10, 2020 12:57 am

I have been in the UK on different categories and I have not broken the continuous time requirement. I am confused because of different visas I was on and I will try and explain this to you below.

13/09/2017 - 07/07/2017 Student postgrad

07/07/2018 - 07/01/2021 Spouse

Based on what op has stated earlier, and then the issuance of spouse visa under 5 years, it seems more insinuated (unless op state it otherwise at later) that op was living under section 3C due to had made an in timely application which perhaps have had protracted the decision until 1 year but still section 3C kept engaged. Wherefore, if that was the case then op will be eligible under 10 years of long residence for ILR Feb 2022 same as Casa said. However, if above wasn't the case then obviously the continuity of legal residence was broken.

Apologies, it was meant to be 07/07/2018. I have not been out of the UK for more than 180 days in a year however for the long residence requirement I am well over the 540 days requirement. Thank you for your replies

Mifz wrote: ↑

Sat Oct 10, 2020 2:40 pm

Apologies, it was meant to be 07/07/2018. I have not been out of the UK for more than 180 days in a year however for the long residence requirement I am well over the 540 days requirement. Thank you for your replies

13/09/2017 - 07/07/2018 Student postgrad

07/07/2018 - 07/01/2021 Spouse

Should have spotted the error earlier as September comes after July lol.

Mifz wrote: ↑

Sat Oct 10, 2020 2:40 pm

Apologies, it was meant to be 07/07/2018. I have not been out of the UK for more than 180 days in a year however for the long residence requirement I am well over the 540 days requirement. Thank you for your replies

Ilr based on long residence will fail if you have exceeded 540 days absence in the whole 10 years.

CR001 wrote: ↑

Sat Oct 10, 2020 3:05 pm

Mifz wrote: ↑

Sat Oct 10, 2020 2:40 pm

Apologies, it was meant to be 07/07/2018. I have not been out of the UK for more than 180 days in a year however for the long residence requirement I am well over the 540 days requirement. Thank you for your replies

Ilr based on long residence will fail if you have exceeded 540 days absence in the whole 10 years.

Thank you Is it possible that this post be deleted now?

Mifz wrote: ↑

Sat Oct 10, 2020 11:39 pm

CR001 wrote: ↑

Sat Oct 10, 2020 3:05 pm

Mifz wrote: ↑

Sat Oct 10, 2020 2:40 pm

Apologies, it was meant to be 07/07/2018. I have not been out of the UK for more than 180 days in a year however for the long residence requirement I am well over the 540 days requirement. Thank you for your replies

Ilr based on long residence will fail if you have exceeded 540 days absence in the whole 10 years.

Thank you Is it possible that this post be deleted now?

No, as per forum rules, post can be edited but not deleted so others can benefit from the wealth of collective experiences.

Mifz wrote: ↑

Sat Oct 10, 2020 11:39 pm

Thank you Is it possible that this post be deleted now?

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