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ILR(lr) or Family route - Clarification

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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rkbalu31
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Joined: Fri Apr 28, 2017 6:02 pm

ILR(lr) or Family route - Clarification

Post by rkbalu31 » Thu May 15, 2025 11:10 pm

Dear All,

My wife entered UK on 22nd Dec 2015 as Tier 2 Long term staff partner and since then she has been continuously living in the UK.

Post my ILR(LR), my wife switched to family route and she is currently in 2nd family visa extension which is expiring on 20 July 2026.

As she is completing 10 year (as per her first entry visa) on 22nd Dec 2025, can she apply for ILR(LR) on 24th Nov 2025 (28 days before 1st entry) or she has to wait for her 5 year family route?

She is not out of country continuously more than 180 days and normally go out of country for summer holiday. I hope this is not a problem.

Any advise is highly helpful.

Thanks!

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zimba
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Re: ILR(lr) or Family route - Clarification

Post by zimba » Fri May 16, 2025 1:28 am

She can apply under long residence when eligible. Note that qualifying period for long residence can include time from the date of first visa issue date
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

rkbalu31
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Posts: 39
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Re: ILR(lr) or Family route - Clarification

Post by rkbalu31 » Fri May 16, 2025 9:19 am

Thanks @zimba!

Could you please confirm if she is eligible to calculate the 10 year from her 1st entry using the Tier 2 Long term staff partner?

Also, one more question from my end. My daughter born in India and she is also in family visa route and continuously living same as my wife.

As I'm holding an ILR and when my wife eventually get an ILR under LR, does my daughter can go straight into citizenship when her current family visa expire on 20th July 2026? or she has to first get her ILR and then citizenship? Please advise.

If she has to get an ILR first, can she get it same time as my wife?

Thanks!

secret.simon
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Re: ILR(lr) or Family route - Clarification

Post by secret.simon » Fri May 16, 2025 10:23 am

rkbalu31 wrote:
Fri May 16, 2025 9:19 am
My daughter born in India and she is also in family visa route and continuously living same as my wife.

As I'm holding an ILR and when my wife eventually get an ILR under LR, does my daughter can go straight into citizenship when her current family visa expire on 20th July 2026? or she has to first get her ILR and then citizenship? Please advise.

If she has to get an ILR first, can she get it same time as my wife?
If daughter is under the age of 18, has completed 10 years legally in the UK and both parents are legally resident in the UK, she can apply directly for registration as a British citizen with discretion under Secton 3(1).

If she has not completed ten years, she follows the same pathway as the mother, applies for ILR at the same time as the second/less-privileged parent (in this case, the mother) and then applies for registration.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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zimba
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Re: ILR(lr) or Family route - Clarification

Post by zimba » Sat May 17, 2025 12:23 am

The 10 years is counted backwards.

Read: Applicants can benefit from the date of the ILR decision
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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