Am I eligible for ILR

Dear Zimba/forum moderators,

Thank you for all you do which is very much appreciated. This forum has been a huge blessing to a lot of people.

I would be grateful for your kind assistance and advice.

A similar situation to the earlier enquiry.

Myself and husband came into the UK in 2004 on a 2yr c-visit visa. We overstayed as there was a threat to life - this was unplanned.
We tried through various legal means with legal retainers to regularise our stay, all to no avail between 2004 - 2014. Got caught in the new rules brought into force under Theresa May. After fling for JR, HO advised us to withdraw and eventually gave us leave outside the rules in 2014.


We have 3 children all BC - oldest 20, youngest 16. HO placed us on the 10year partner route after the 1st renewal, we’ve renewed 2ce under this route and due for the last renewal which is quite imminent.


Applied twice for EUSS Zambrano, 1st refused, 2nd awaiting AR.

As it’ll be 10years next year under the 10yr Partner route, do you think we could possibly apply for ILR now under the new family route rather than the last renewal which is due for submission this Friday?

Do we both have any chance(s) of this being approved or should we rather put in the application for the last renewal (FLR FP) and wait until next year (10years) for the ILR? Will a detailed letter capturing our situation aid our ILR application?

Thank you ever so much again for your kind assistance. Your advice and wealth of experience will be very much appreciated.

*best wishes on your application abigal202312

There is no new family route. The ILR under private life can be obtained after 10 years via the long residence route, assuming you have had 10 years of continuous lawful residence. What has been your immigration history since 2014 grant of visa?

zimba wrote: ↑

Thu May 18, 2023 1:08 pm

There is no new family route. The ILR under private life can be obtained after 10 years via the long residence route, assuming you have had 10 years of continuous lawful residence. What has been your immigration history since 2014 grant of visa?

Thank you very much Zimba for your kind response. Timeline since 2014 is below:

1. LOTR granted Nov 2014 and given an initial 30 months

2. Upon renewal under exceptional circumstances in 2017, we were both placed on the 10year partner route even though none of us are BC, this was challenged but HO maintained their stance with reference to all 3 BC children. Extended for another 30months

3. Renewed again in 2020 and still placed on 10year route because of 3 BC children

4. Applied for SS under EUSS in 2019 when the scheme was launched, refused, paid for AR which was also refused

5. Applied again for SS before UK’s final exit, application delayed due to the definition & eligibility of Z carers - refused last August, appealed for AR - awaiting response

6. Current 30months due to expire 19/05, FLR(FP) already completed, holding off on submission as I wanted to check if we can apply early for ILR as it’ll be 10years on this route next year.

Grateful for your advice and thank you ever so much again.

There is no early ILR option. You can only apply within 28 days of completing your 10 years next year under the long residence route. I assume you held valid visas throughout this period and applied for renewal always in time i.e before visa expiry. You need another visa renewal by the looks of it until next year when you could be eligible for ILR

zimba wrote: ↑

Thu May 18, 2023 3:55 pm

There is no early ILR option. You can only apply within 28 days of completing your 10 years next year under the long residence route. I assume you held valid visas throughout this period and applied for renewal always in time i.e before visa expiry. You need another visa renewal by the looks of it until next year when you could be eligible for ILR

Dear Zimba,

Deeply grateful for your time.
Forms will be submitted for renewal and we will wait to submit the ILR Application next year.
Yes indeed, we have held valid visas throughout this period and always on time.

Many thanks again