10 year ILR long residence - 28 days in advance eligibility

Hi,

I have a query on ILR route and I will appreciate if someone can please advise/guide.

My situation -
I arrived in UK in May 2014 on Tier 2 ICT work visa
I switched to PBS Dependent on my husband work visa in Jan 2016.
I continued on the PBS Dependent visa with few extensions until my husband got his ILR (using 10 year long term residence route) when I switch to Family visa FLR (M) in Mar 2022. I am currently on this visa.

I am going to complete my 10 years in May 2024 so the question is - Can I apply ILR using using 10 year long term residence route i.e. SET (LR)?

The confusion arise when I checked 10 year long term residence page on GOV.UK website saying below - (Page link - https://visas-immigration.service.gov.u ... 1710198519)

If you are the spouse or partner of someone who is settled and currently living in the UK and you have completed the relevant period of continuous leave in the UK using the 'Family Route', you cannot use this form. You must instead apply using the form Apply to settle in the UK - Partner of a person or parent of a child already settled in the UK.

Since I have now spent around 2 years on Family visa, can I apply ILR using long term residence in May 2024 or I have to wait for another 3 year to complete 5 years on Family visa to apply ILR using SET (M)

Can I apply ILR using using 10 year long term residence route i.e. SET (LR)?

Yes.

The link refers to family visa and 5 year qualifying period

Sorry didn't get your response very well.

Are you advising that I can apply using 10 year residence or have to wait to complete 5 year on Family visa before applying?

10 year set lr.

I responded yes to that part of your question so unsure what is unclear!

Thanks for response. Sorry the part that was unclear is the point on the website stating that if you have spent relevant period of continuous leave in the UK using 'Family Route' (which in my case is valid as I have spent 2 year now on Family visa) you cannot use this form. However in my case 10 year continuous leave is completing before 5 years on FLR (M) to apply ILR, so I should be able to apply using SET (LR)?

neergarguk54 wrote: ↑

Mon Mar 25, 2024 12:00 pm

Thanks for response. Sorry the part that was unclear is the point on the website stating that if you have spent relevant period of continuous leave in the UK using 'Family Route' (which in my case is valid as I have spent 2 year now on Family visa) you cannot use this form. However in my case 10 year continuous leave is completing before 5 years on FLR (M) to apply ILR, so I should be able to apply using SET (LR)?

That is for people wanting to specifically apply under the family route. Your current visa route for SET(LR) does NOT matter, so do not get confused

Thanks for the response and clarifying.

Hi,

I have a question regarding 10 year long residence ILR. Can I apply it 28 days in advance to completing 10 years. I arrived in UK on 10th May 2014 so am I eligible to apply now?

I have this question specifically because the gov.uk website 'https://www.gov.uk/long-residence/eligibility' doesn't explicitly says that you can apply 28 days in advance which I believe was mentioned couple of years back when my spouse applied so not sure if this rule has changed now in any form.

Please can someone advise? thanks

There has never been such a thing as '28 day rule'. That is simply a UKVI concession which applies to all applications for ILR