Regarding eligibility for ILR

HI,

I have a query regarding my ILR if anyone can help please.

I entered UK for the first time on 18th October 2008 on a Work Permit and had to leave UK on 15th August 2009.

For the second time I entered UK on a business VISA on the 27th of June 2010 and left UK on the 8th of August 2010.

For the 3rd time I entered UK from India on the 6th of November 2010 on a Tier 2 ICT Established staff VISA (different from the one mentioned above as I changed my employer) and had to return back to India on 22nd August 2013. Came back again on 09th March 2014 (gap of more than 60 days) on the same VISA i.e on Tier 2 ICT Established staff VISA . Have been in UK since then till now i.e till May 2022 , with small trips/holidays back to India but not exceeding more than 30 days continuously and the total number of days absent from UK not exceeding 300 days. Have been with the same employer and the same VISA till 17th March 2021.

On 18th March 2021 switched to Skilled worker VISA as I changed my employer within UK itself. Did not need to go to India for this VISA change.

Can anyone please let me know when I will be eligible to apply for my ILR considering the 10 year continuous residence route (OR the 5 year route if I am eligible) as there is a gap of more than 180 days on my continuous stay between August 2013 and March 2014. Will it help if I consult with a lawyer to take up my case to consider for extra days I have been out of UK between August 2013 and March 2014 or will it just be a waste of time and money.

Please advise.

On the dependents front, my wife joined me in the UK on the 14th of April 2014 and my daughter joined me on the 13th of September 2017, both on dependents VISA and have been in the UK since then. So will they be eligible for ILR as my dependents when I apply for my ILR or will they need to complete 5years/10 years individually before they are eligible for ILR.

10 years ILR within 28 days before 9th march 2024.

5 years ILR within 28 days before 18 march 2026

Dependents, within 28 days before reaching 10 year legal residence from date of entry in April 2014 and meeting all the requirements or 5 years when you apply in 2026.

Hi Moderator,

Many thanks for your response. Much appreciated.

I had one more query regarding my dependents, suppose if I get the ILR by March 2024, will my dependents be able to stay with me in the UK provided they don't get the ILR until 2026 or further, on a dependent VISA.

At the moment their dependent VISA is approved and processed till May 2026, so hopefully after that if they still don't apply for ILR , they will be able to stay with me on their dependent VISA if extended. Please correct me if I misunderstood.

Also is there any rule where, on a dependent VISA , if a person stays outside UK for any "x" number of days, their VISA might get revoked or cancelled. OR a dependent VISA is always valid whether you stay inside or out of the UK , provided the VISA of the main applicant on whom you are dependent remains valid.

And one last question, after how many days can I apply for a passport once my ILR is approved, for e.g if my ILR is approved and processed on March 2024, when can I apply for a passport.

I had one more query regarding my dependents, suppose if I get the ILR by March 2024, will my dependents be able to stay with me in the UK provided they don't get the ILR until 2026 or further, on a dependent VISA.

If you apply for ILR based on 10 years long residence, they are expected to switch to FLR(M) visa.

At the moment their dependent VISA is approved and processed till May 2026, so hopefully after that if they still don't apply for ILR , they will be able to stay with me on their dependent VISA if extended. Please correct me if I misunderstood.

Only if you get ILR based on 5 year Skilled Worker visa.

Also is there any rule where, on a dependent VISA , if a person stays outside UK for any "x" number of days, their VISA might get revoked or cancelled. OR a dependent VISA is always valid whether you stay inside or out of the UK , provided the VISA of the main applicant on whom you are dependent remains valid.

PBS Dependents have an absence limit of no more than 180 days in any 12 month period.

And one last question, after how many days can I apply for a passport once my ILR is approved, for e.g if my ILR is approved and processed on March 2024, when can I apply for a passport.

Only a British Citizen can apply for a British Passport. You have to apply to naturalise as British first, once you have held ILR for 12 months. Once you are approved and have attended your ceremony, only then can you apply for a British passport.

Many Thanks for your clarification , much appreciated as always.

Probably one last question (and I apologize in advance for asking too many questions) , this FLR(M) VISA for dependents, can this be applied from anywhere for my dependents . For example If I am in the UK and have an approved ILR by March 2024, whereas my dependents (my wife and kid) are in India then and they don't have any valid VISA available to enter UK, can I apply this FLR(M) VISA to bring them back to the UK as my dependents .

I went through the whole page on FLR(M) "https://visas-immigration.service.gov.u ... 1637312297", but couldn't get an appropriate answer to my question, hence asking you.

I thank you in advance as this is my last question, and apologize again for asking too many questions.

FLR(M) is an application within the UK.

Spouse Settlement Visa is the application for a new entry clearance from outside the UK.

https://www.gov.uk/uk-family-visa/partner-spouse

You were advised in 2020 that you may not qualify under long residence: indefinite-leave-to-remain/ilr-10-years ... 00367.html

Thank You so much. Much appreciated.

HI Zimba,

On 2020 I had a different VISA and on 2021 I switched to a new VISA type, hence thought if rules have changed because of this new VISA. Further this time I have more questions regarding VISA for my dependents than myself. hence had to give a bit of background.

But I apologize if I have repeated the questions. It was absolutely un intentional.

It is not about repeated questions. The rules for long residence have not changed and the visa you are on does not matter. I assumed that your dependants wanting to come here under the family route means that you are contemplating ILR under long residence as I do not see any other immediate path to ILR for you at the moment