Eligible for 10-yr ILR but currently living abroad?

Hi there,

Long story short...

From 2007-2018 I lived in the UK for a legal and continuous 10+ year period, through a combination of Student visas, employment visa and then a partner visa. Despite meeting the eligibility requirements, I did not apply for ILR and Citizenship in 2018 for various/stupid/irrelevant reasons. Since about 18 months ago, I have lived in the US with my husband (British Citizen). My second 30-month partner/FLR(M) visa is about to expire, which will leave me without right to reside in the UK for the first time since 2007. My husband and I do plan to move back to the UK at some point in the next 5 years, so want to save ourselves future time, stress and money if possible.

Some questions, which I've been struggling to answer on these forums and since the applications are now all on GOV.UK and provide much less guidance than before:

1. Are there any provisions (other than 'Returning Residents') for applying to settle based on a 10-year long residence period that was not immediately before the application date? E.g. could I continue living and working with my British husband abroad for the next three years (for his job) and then apply for settlement based on my earlier long residence period?

2. (long shot) Am I eligible to apply for FLR(M) extensions even though my partner and I are living (together) outside the UK, so that I could apply for settlement when we return? I've read the guidance for the application but it isn't clear to me.

3. Is there some magical route/path to citizenship that I'm missing, or is our best/only option to start over again with a spousal visa on the 5-year route when we decide to move back?

Thanks in advance!

JM

1. Returning resident visa applies to those who have held ilr and returning to settle. It is not a golden ticket visa as such.

You can only apply for ilr within the UK. There is no provision to make such an application outside of the UK. You can apply within the UK based on a previous 10 year period of lawful residence, however, you previously had issues with an ho error you did not challenge and had a period of overstay of about 50 days, which means you do not have 10 years lawful residence, the key is lawful residence, not just residence. Additionally, as you have now been away from the UK for about 18 months, you still don't have 10 years eligibility as any single absence of 180 days or more breaks your continuity of residence and makes you ineligible for long residence ILR.

indefinite-leave-to-remain/overstayed-b ... l#p1529715

2. FLR M extension can only be applied for within the UK and requires evidence of 2 years cohabitation/residence in the UK in joint names from 3 to 6 different sources and evidence of UK income to meet the financial requirements.

3. No there is no magical route or path to citizenship, you need ilr first and must meet the specific requirements to qualify for British citizenship which is based on 3 years residence if you are married to a British citizen. You would likely have to start again from scratch, meeting all the requirements again.

CR001 wrote: ↑

Fri Jan 03, 2020 8:08 pm

you previously had issues with an ho error you did not challenge and had a period of overstay of about 50 days, which means you do not have 10 years lawful residence, the key is lawful residence, not just residence.

Appreciate the reference to my past post! I didn't want to go into too much detail here as I didn't think it was relevant, but after a request of records and subsequent inquiry with the HO it transpired that they did not actually consider me to have overstayed after my initially incorrect student visa expired –– they had told me this over the phone at the time but I never had it in writing. But I only found this out after I had made plans to leave the UK, with not enough time to apply for ILR.

CR001 wrote: ↑

Fri Jan 03, 2020 8:08 pm

Additionally, as you have now been away from the UK for about 18 months, you still don't have 10 years eligibility as any single absence of 180 days or more breaks your continuity of residence and makes you ineligible for long residence ILR.

Do you know where I can find this guidance that the 10 years has to be immediately prior to an ILR application? This is what I couldn't figure out, but I had (maybe mistakenly) understood that the 180-day rule would only make you ineligible for Long Residence if it fell within the 10 years...

CR001 wrote: ↑

Fri Jan 03, 2020 8:08 pm

2. FLR M extension can only be applied for within the UK and requires evidence of 2 years cohabitation/residence in the UK in joint names from 3 to 6 different sources and evidence of UK income to meet the financial requirements.

Ah, I wasn't sure if the 2 years had to be immediately prior to the application. Thanks for confirming.

CR001 wrote: ↑

Fri Jan 03, 2020 8:08 pm

3. No there is no magical route or path to citizenship, you need ilr first and must meet the specific requirements to qualify for British citizenship which is based on 3 years residence if you are married to a British citizen. You would likely have to start again from scratch, meeting all the requirements again.

Good to know –– and I certainly know that there are a lot of requirements, so maybe 'magic ticket' isn't the right description, I just wondered if there was some obscure rule I might have missed since I'd met all the requirements for ILR previously as well as done two stints of FLR(M) and it's going to be a bit painful and costly (but also my fault) to start from scratch. But I guess that's life...

Thanks again!

Note the “has had” in the Long residence rules.