ILR (Long residence)

I want to apply for ILR under10-year continuous and lawful residence in the UK (LR) route. I will have my 10 years in 3-week time. Current visa expires in 6 months.
My spouse, son and myself are from Russia. Currently, my son and myself are in the UK and meet the requirement for continuous and lawful residence in the UK for 10 years. Due to work, my spouse temporarily lives outside the UK for 1.5 years already.
Could you please answer my questions?
1. I had different visas through this 10 years – dependant and then switched to be a main applicant. As I understand, for ILR (LR) it does not matter what type of visa I had before. Right?
2. Is it OK for my son and myself to apply now for ILR even if my spouse is abroad and cannot apply with us? Does this make our application complicated? I want to use priority service.
3. One of the questions in the application is asking me if I live together with my spouse. I answered – no. Then I am asked to explain why and when we are planning to live together. What is a good answer? Can I say that my husband is not in the UK due to work and we are planning to continue living together from summer 2019? Do I need to explain why it is summer 2019? And how to explain that it all depend on whether we get ILR and my spouse necessary visa (if he needs to change current one) before coming back to the UK?
4. If my son and I get ILR, can my husband come back on the basis of the previous dependant visa (which is not expired) or should he apply for a new visa? And if new, which one?
5. The list of documents that appeared at the end of the application form suggests that I need to bring my husband’s document which demonstrates his immigration status. Do I have to bring it? All these documents are with him, as he uses them to travel.
6. As a reason why I want to stay in the UK, is it enough to state that ‘I would like to settle in UK on the basis of 10-year continuous and lawful residence in the UK’ or should I expand my answer?

Thank you.

1. I had different visas through this 10 years – dependant and then switched to be a main applicant. As I understand, for ILR (LR) it does not matter what type of visa I had before. Right?

Correct

2. Is it OK for my son and myself to apply now for ILR even if my spouse is abroad and cannot apply with us? Does this make our application complicated? I want to use priority service.

ILR under Long residence is granted to an eligible individual. You are expected to meet the requirements on your own.
You and your son must apply separately and I assume your son is not born here

3. One of the questions in the application is asking me if I live together with my spouse. I answered – no. Then I am asked to explain why and when we are planning to live together. What is a good answer? Can I say that my husband is not in the UK due to work and we are planning to continue living together from summer 2019? Do I need to explain why it is summer 2019? And how to explain that it all depend on whether we get ILR and my spouse necessary visa (if he needs to change current one) before coming back to the UK?

Answer as appropriate. This has no effect on your long residence

4. If my son and I get ILR, can my husband come back on the basis of the previous dependant visa (which is not expired) or should he apply for a new visa? And if new, which one?

No. He has to apply under the family visa which has a min salary requirements and must fulfill the English language requirement. He'll get 2.5 years of visa which can be extended for another 2.5 years under FLR(M) in the UK

5. The list of documents that appeared at the end of the application form suggests that I need to bring my husband’s document which demonstrates his immigration status. Do I have to bring it? All these documents are with him, as he uses them to travel.

No. Under long residence your partner's status is irrelevant

6. As a reason why I want to stay in the UK, is it enough to state that ‘I would like to settle in UK on the basis of 10-year continuous and lawful residence in the UK’ or should I expand my answer?

Yes

Thank you very much for your response. It is very helpful and very prompt.
Regarding your answer to the question 6, did I understand you correctly that I do not need to elaborate further?
I have another question. Since I am applying without my husband do I need to provide the original of marriage certificate (it is on the check list)? The problem is I cannot locate it but I had already submitted it few times with my previous applications.

Briony wrote: ↑

Fri Mar 01, 2019 9:44 am

Thank you very much for your response. It is very helpful and very prompt.
Regarding your answer to the question 6, did I understand you correctly that I do not need to elaborate further?
I have another question. Since I am applying without my husband do I need to provide the original of marriage certificate (it is on the check list)? The problem is I cannot locate it but I had already submitted it few times with my previous applications.

Are you applying via new service? If you use new service, you can provide originals or copies. If you have a copy or scanned copy, that is all you need. But if you are using existing service where you have to post your docs then you need to send originals.

Thank you for your response!

Though the instructions are very strict about not providing the copies, so I was more asking if HO would want to see the marriage certificate at all.

Briony wrote: ↑

Sat Mar 02, 2019 9:28 am

Thank you for your response!

Though the instructions are very strict about not providing the copies, so I was more asking if HO would want to see the marriage certificate at all.

I cant comment on that. All i can say that with the new system only scanned copies are needed. If later on, HO wants to see your original marriage certificate I dont know, but its highly unlikely they would do so as you would have already sent them the scan which is required with new system.

Briony wrote: ↑

Fri Mar 01, 2019 9:44 am

Thank you very much for your response. It is very helpful and very prompt.
Regarding your answer to the question 6, did I understand you correctly that I do not need to elaborate further?
I have another question. Since I am applying without my husband do I need to provide the original of marriage certificate (it is on the check list)? The problem is I cannot locate it but I had already submitted it few times with my previous applications.

I was very clear when I said ILR under Long residence is granted to an eligible individual ONLY and there are NO dependents. You are expected to meet the requirements on your own. YOU DO NOT NEED anything to provide regarding your husband. His status is NOT RELEVANT at all. His relationship with you is NOT relevant under long residence

Hi Zimba and tier11417!

Thank you both for your assistance!

I’ve now proceeded with the online application and chose the new service option. One of the instructions indeed says that the copies are acceptable except for passports. I can now only hope that the application goes well.

All the best!

Briony wrote: ↑

Sat Mar 02, 2019 4:27 pm

Hi Zimba and tier11417!

Thank you both for your assistance!

I’ve now proceeded with the online application and chose the new service option. One of the instructions indeed says that the copies are acceptable except for passports. I can now only hope that the application goes well.

All the best!

As repeated by Zimba, your marriage certificate is irrelevant for your LR application.

Thank you guys,

I agree that my application is individual and is nothing to do with my husband, but I asked because I saw that message in the end of the application saying that I need to provide evidence of being in relationship (among other documents). This list must be just generic then.

The online system is not perfect and has known flaws like this

Thank you everyone for your valuable advice.

I have recently received my ILR card. I went to Croydon centre, and I am overall happy with my experience in there. I spent about 30 minutes in total in the centre, no checks were required as I had uploaded my docs in advance. They only took a copy of my passport. For me, it was 1 day for the decision and just a few days for my card to arrive.