Temporary Admission Towards Long Residence Chances

Hi Gurus, please could someone help me shed some light in my confusion in regards to temporary admission counting towards long residence.

I entered the Uk in Jan 2010 on a student visa, got married to my British partner in 2012, I then applied for FLR (M) in Dec 2012, that was refused in March 2013 due to not meeting the financial requirement with right to appeal. Appeal was lodged in time and dismissed In November 2013 due to inconsistencies between myself and my wife's statement during the hearing, so both the HO and the Judge doubted that the marriage was genuine and on that basis appeal was dismissed, I applied for permission to appeal to upper tribunal but that was dismissed.

Appeal rights got exhausted in November 2013. April 2014 I was served with IS.151A (Administrative removal: Overstayer) (notes on SAR shows that caseworker wanted me to be placed on Temporary Admission whilst he decide on what to do next).

I received another Letter in form of an IS96 (Temporary Admission) to report fortnightly starting 10 April 2014.

I then made a fresh application on Family & Private life 10yr route in May 2014. I was still reporting fortnightly and then I received another letter in Sept 2014 to attend an interview at Lunar House so as to update their records.

On 22/09/2014 after the interview I was then served a in person refusal to my application and was also detained. Decision letter states that marriage is not genuine due to findings in court and that there are no insurmountable obstacle why myself and my partner cannot return to my home country, the refusal states that my HR claim had been certified. So on 25.09.2023 My representative lodged a Judicial review and on 7th Oct I was granted bail and placed on further temporary admission to continue reporting fortnightly.

On 23rd Oct 2014, Treasury Solicitors wrote my Representative that we should withdraw the JR on the basis that they will withdraw their decision to certify my HR claim and make a new decision within 3 months.

So I withdrew the JR. In Jan 2015, we received a letter dated 14th Jan from the HO asking that I Make further representation to support them in making a new decision. The deadline for the further representation was 28th Jan 2015, my representative sent the documents on the 21st Jan only for us to receive another refusal letter on 24th Jan dated 21st Jan, meaning that HO did not wait to receive the further representation which they had requested before refusing the application, ignoring the deadline date given. This refusal came with a right of appeal, we appealed same day.

Appeal was allowed by Immigration judge in Aug 2015 on the basis that HO reconsiders my application due to an error made by caseworker.

Again we submitted further evidences to the HO, in Oct 2015, again they refused application this time accepting that marriage was genuine but still no insurmountable obstacle stopping myself and my wife from returning back to home country, refusal came with right to appeal.

Appeal lodged on and subsequently heard in Dec 2016, and dismissed in Jan 2017. We then appealed to the upper tribunal, permission was subsequently refused on 19th July 2017. So I applied for FLR (FP) based on my British child the following week which was eventually granted in March 2018.

On my next renewal, I switched to FLR (M) which was granted in Dec 2021, and I am due to renew in June this year, If I renew in June, can I apply for indefinite leave by April next year which was when I was first granted temporary Admission, based on my timeline are there any breaks in long residence ? please kindly advise and so sorry for the long notes, I try to explain in details for better understanding.

I never missed a single day all through the period I was placed on Temporary admission, the day I got detained was a Monday and I was supposed to report the Thursday of that same week before I got detained. From my I was reporting to Lunary house fortnightly from 10th April 2014 up until I got granted in march 2018.

Please advise. God bless.

Your Temporary admission broke in 2014, When HO detained you, but when you granted bail or temporary admission again so count from that date and Check SAR, Temporary admission count law full, if you immediately granted leave to remain, I recently got ILR myself and my wife on the base of Temporary admission.

Thanks @munirabid, SAR did not make mention of anything in regards to continuous residence. I wasn’t sure if detention would break continuous residence, thanks for the response. So that means I can apply from 7th October 2024?

Yes you can apply 7th of October 2024

https://freemovement.org.uk/statement-o ... es-hc1160/

Lawful and continuous residence
The current definition of what constitutes lawful residence in the UK under the long residency rules is unclear and this has lead, apparently, to “confusion for customers and a broader interpretation than intended”.

Any permission to be in the UK that would usually be granted for 12 months or less, and where switching onto another route is generally not allowed from within the UK, do not count towards time lawfully and continuously resident in the UK:

“(b) “lawful residence” means residence which is continuous residence pursuant to:
(i) existing leave to enter or remain, except this cannot include time with entry clearance or permission under Appendix V: Visitor, Appendix Short-term Student (English language), or Appendix Temporary work – Seasonal Worker; or
(ii) an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.
(c) “lawful residence” does not include time spent on immigration bail.”

This re-enforces the expectation that an individual should leave the UK at the end of a short stay. Non-visa nationals who enter the UK through e-gates for more long term visas might also need to make sure that they enter on or after the date their visa is valid from, rather than entering as a visitor shortly before the start date on their visa, just because they can.

However, an individual who has spent time on any of these short-term visas and is then granted permission to stay in the UK on another basis may be able to qualify for long residence, but they will need to wait longer

munirabid wrote: ↑

Fri Mar 10, 2023 2:11 pm

https://freemovement.org.uk/statement-o ... es-hc1160/

Lawful and continuous residence
The current definition of what constitutes lawful residence in the UK under the long residency rules is unclear and this has lead, apparently, to “confusion for customers and a broader interpretation than intended”.

Any permission to be in the UK that would usually be granted for 12 months or less, and where switching onto another route is generally not allowed from within the UK, do not count towards time lawfully and continuously resident in the UK:

“(b) “lawful residence” means residence which is continuous residence pursuant to:
(i) existing leave to enter or remain, except this cannot include time with entry clearance or permission under Appendix V: Visitor, Appendix Short-term Student (English language), or Appendix Temporary work – Seasonal Worker; or
(ii) an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.
(c) “lawful residence” does not include time spent on immigration bail.”

This re-enforces the expectation that an individual should leave the UK at the end of a short stay. Non-visa nationals who enter the UK through e-gates for more long term visas might also need to make sure that they enter on or after the date their visa is valid from, rather than entering as a visitor shortly before the start date on their visa, just because they can.

However, an individual who has spent time on any of these short-term visas and is then granted permission to stay in the UK on another basis may be able to qualify for long residence, but they will need to wait longer

Does this mean that time spend on temporary admission after immigration bail does not count ? I really don't understand that part where is states “lawful residence” does not include time spent on immigration bail.”
The rules on long residence when it comes to bail and temporary admission seem very complex and could lead to wasting a lot of money by putting in an application not knowing either you'll be successful or not.

These changes will be implemented from 12 April 2023. For the long residence route, the time spent under temporary admission or immigration bail will no longer count. So you must have to wait longer to complete a 10-year period. This means you keep staying as a lawful resident but that period of temporary admission should be excluded from the 10-year period required for ILR under the long residence rules.
Changes to the Long Residence rules

7.65 The current definition of what constitutes lawful residence in the long residence rules is not clear, and this has led to confusion for customers and a broader interpretation than intended. These changes will make the definition easier to understand and better represent the purpose of the long residence route.

7.66 The rules are changing to not allow any period on immigration bail to count towards the qualifying period for long residence in any circumstances. This creates a simple expectation that people cannot count time with precarious status towards settlement on the basis of long residence.


7.67 The changes will also not allow time as a visitor, short-term student and on the seasonal worker routes to count towards long residence. This makes it clear that time spent on a route which both allows for a maximum grant of permission of 12 months, and where switching is generally not allowed (so there is the strongest possible expectation that the person will leave the UK at the end of a short stay), cannot count towards settlement on the basis of long residence.

7.68 A person who has spent a period of time on immigration bail or as a visitor (or other temporary permission) who is later granted permission on another basis will still be able to qualify for long residence settlement, but they will need to wait longer to do so

munirabid wrote: ↑

Sat Mar 11, 2023 1:12 pm

These changes will be implemented from 12 April 2023. For the long residence route, the time spent under temporary admission or immigration bail will no longer count. So you must have to wait longer to complete a 10-year period. This means you keep staying as a lawful resident but that period of temporary admission should be excluded from the 10-year period required for ILR under the long residence rules.
Changes to the Long Residence rules

7.65 The current definition of what constitutes lawful residence in the long residence rules is not clear, and this has led to confusion for customers and a broader interpretation than intended. These changes will make the definition easier to understand and better represent the purpose of the long residence route.

7.66 The rules are changing to not allow any period on immigration bail to count towards the qualifying period for long residence in any circumstances. This creates a simple expectation that people cannot count time with precarious status towards settlement on the basis of long residence.


7.67 The changes will also not allow time as a visitor, short-term student and on the seasonal worker routes to count towards long residence. This makes it clear that time spent on a route which both allows for a maximum grant of permission of 12 months, and where switching is generally not allowed (so there is the strongest possible expectation that the person will leave the UK at the end of a short stay), cannot count towards settlement on the basis of long residence.

7.68 A person who has spent a period of time on immigration bail or as a visitor (or other temporary permission) who is later granted permission on another basis will still be able to qualify for long residence settlement, but they will need to wait longer to do so

Thanks again for this clarification @munirabid, in my own case, will I still be able to apply in April 2024 after the new changes takes effect from April 12 2023 ?

No

I am due to apply for spouse visa renewal in a couple of weeks, wife (British) changed her name recently from married name for personal reasons, would this cause any issues to the renewal ? Also we have proof of addresses for both her old and new names for the last 2 years, name change is less than 6 months. She is yet to update her name on her passport also but has updated it on her driving licence, would this cause any issues ?

laJason wrote: ↑

Fri Jun 09, 2023 9:14 pm

I am due to apply for spouse visa renewal in a couple of weeks, wife (British) changed her name recently from married name for personal reasons, would this cause any issues to the renewal ? Also we have proof of addresses for both her old and new names for the last 2 years, name change is less than 6 months. She is yet to update her name on her passport also but has updated it on her driving licence, would this cause any issues ?

Women change names all the time. Add the deed poll as evidence of change to or from married name.

No issues at all.

Ticktack wrote: ↑

Mon Jun 12, 2023 10:36 am

laJason wrote: ↑

Fri Jun 09, 2023 9:14 pm

I am due to apply for spouse visa renewal in a couple of weeks, wife (British) changed her name recently from married name for personal reasons, would this cause any issues to the renewal ? Also we have proof of addresses for both her old and new names for the last 2 years, name change is less than 6 months. She is yet to update her name on her passport also but has updated it on her driving licence, would this cause any issues ?

Women change names all the time. Add the deed poll as evidence of change to or from married name.

No issues at all.

Hi All, I am worried if I have submitted my FLRM extention at the right time, definitely not 28 days as I made wrong calculations. Would the date have any effect when I complete 5 years ? what are the implications of submitting after 28 days and before expiry. My Time line below.

FLR FP granted: 6th March 2018 until 6th Sept 2020.
Switched to FLRM: Applied on 13th Aug 2020.
FLRM Granted: 8th Dec 2020 until 2nd Jul 2023.
Applied for Extension on: 25th Jun 2023.
UKVCAS Appointment: 30th Jun 2023. (Awaiting Decision)

I just realised I should have applied earlier than 25th of June, does this have any negative effect and if granted assuming this month when would be the earliest I can apply for ILR, would the date I applied for this extension have any negative effect on 5 YRS route ?

It doesn't make any difference, you are overthinking. 28 days before is the earliest you should apply and the latest you should apply is by the visa expiry date.

You will qualify for ilr based on 5 years FLR M no sooner than within 28 days before 8 December 2025.

CR001 wrote: ↑

Tue Jul 25, 2023 9:49 am

It doesn't make any difference, you are overthinking. 28 days before is the earliest you should apply and the latest you should apply is by the visa expiry date.

You will qualify for ilr based on 5 years FLR M no sooner than within 28 days before 8 December 2025.

Thanks CR001, appreciate the quick response, now I feel relieved