ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

10 year private life route visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

Locked
farah2020
Newly Registered
Posts: 2
Joined: Sat Dec 26, 2020 10:09 pm

10 year private life route visa

Post by farah2020 » Sat Dec 26, 2020 11:04 pm

Good evening everyone,

I was granted along with my family discretionary leave to remain 10 year route private life Article 8 of the European Convention on Human Rights (ECHR), in July 2012. This time will be my 4th time I am sending extension (FLR). My question is although my family and I will be eligible to apply ILR in july 2022 you can only apply for ILR when the visa has 4 weeks left to expire. My 4th extension is due in april 2021 and every time the extension time has been given for 2.5years. If I am granted 2.5years (30months) BRP card of FLR then this means I will not be able to apply for ILR until 2025 when the visa will end.

Is it true that I cannot apply ILR in july 2022 even though the 10 years are completed because the visa FLR will have another 2 years remaining?
I am very confused because I am going to be applying for extension FLR final one can I request caseworker to grant me less than 2.5 years so it will end around july 2022 or they only give 30months visa if someone request for less time so that it ends near ILR eligibility will they refuse this and send 2.5years visa still?

Any help around this will be much appreciated.

Many thanks,

Violetsareblue
Member
Posts: 115
Joined: Fri Dec 20, 2019 11:46 pm

Re: 10 year private life route visa

Post by Violetsareblue » Sun Dec 27, 2020 11:40 am

Hi there, this is something my son brought up last week. I think you’d have to apply under ilr long residence. I’m guessing the 10 year private life extension till 2025 is due to the processing time after every extensions application you’ve made as I don’t think it Count towards it.
Hopefully @moderators or someone with more experience can reply you

Violetsareblue
Member
Posts: 115
Joined: Fri Dec 20, 2019 11:46 pm

Re: 10 year private life route visa

Post by Violetsareblue » Sun Dec 27, 2020 11:43 am

You might even qualify under long residence earlier if you add the application processing l time and perhaps appeal time before you were granted in 2012. For example, if you applied in jan 2011 and you were granted in july 2012, you 10 years legal residence starts from 2011 therefore you can apply under long residence in 2021..

TODMATT
Diamond Member
Posts: 1497
Joined: Wed Jun 13, 2012 1:09 pm

Re: 10 year private life route visa

Post by TODMATT » Sun Dec 27, 2020 11:46 am

farah2020 wrote:
Sat Dec 26, 2020 11:04 pm
Good evening everyone,

I was granted along with my family discretionary leave to remain 10 year route private life Article 8 of the European Convention on Human Rights (ECHR), in July 2012. This time will be my 4th time I am sending extension (FLR). My question is although my family and I will be eligible to apply ILR in july 2022 you can only apply for ILR when the visa has 4 weeks left to expire. My 4th extension is due in april 2021 and every time the extension time has been given for 2.5years. If I am granted 2.5years (30months) BRP card of FLR then this means I will not be able to apply for ILR until 2025 when the visa will end.

Is it true that I cannot apply ILR in july 2022 even though the 10 years are completed because the visa FLR will have another 2 years remaining?
I am very confused because I am going to be applying for extension FLR final one can I request caseworker to grant me less than 2.5 years so it will end around july 2022 or they only give 30months visa if someone request for less time so that it ends near ILR eligibility will they refuse this and send 2.5years visa still?

Any help around this will be much appreciated.

Many thanks,
You can apply for for SET LR as long as you have completed 10 years in the UK from my understanding and it doesn't matter whether you have some leave left or not provided you have had a continuous leave in the UK.

indefinite-leave-to-remain/long-residen ... 08392.html
My opinions should not be constituted as an immigration or legal advice.

kamsi
Member
Posts: 110
Joined: Fri Aug 12, 2016 5:53 am
Mood:

Re: 10 year private life route visa

Post by kamsi » Tue Dec 29, 2020 7:58 am

Just to help reassure you, you can apply for ILR once you’ve completed 10 years (which will be in July 2022) even if you still have time left on your current visa. In fact you can submit your application 28 days before you’ve completed the 10 years period.

I am in similar situation as you, I was granted in 2013 and I’ll be eligible for ILR in 2023 although when I’ll be applying for that I’ll still have time left on my existing visa.

Route to ILR
Member of Standing
Posts: 273
Joined: Mon Apr 20, 2015 8:11 pm

Re: 10 year private life route visa

Post by Route to ILR » Tue Dec 29, 2020 11:57 am

Violetsareblue wrote:
Sun Dec 27, 2020 11:43 am
You might even qualify under long residence earlier if you add the application processing l time and perhaps appeal time before you were granted in 2012. For example, if you applied in jan 2011 and you were granted in july 2012, you 10 years legal residence starts from 2011 therefore you can apply under long residence in 2021..
How can she apply set lr on 2021? Do u know her full immigration history? May be she was an overstyer when she applied flr application in 2011. If she doesn't have any leave prior to 2011 application , her time during this application processing will not count towards 10 years Long residency.

For the safe side apply SET LR when u complete 10 years from the time u were granted 1st flr visa.

Violetsareblue
Member
Posts: 115
Joined: Fri Dec 20, 2019 11:46 pm

Re: 10 year private life route visa

Post by Violetsareblue » Tue Dec 29, 2020 9:50 pm

Route to ILR wrote:
Tue Dec 29, 2020 11:57 am
Violetsareblue wrote:
Sun Dec 27, 2020 11:43 am
You might even qualify under long residence earlier if you add the application processing l time and perhaps appeal time before you were granted in 2012. For example, if you applied in jan 2011 and you were granted in july 2012, you 10 years legal residence starts from 2011 therefore you can apply under long residence in 2021..
How can she apply set lr on 2021? Do u know her full immigration history? May be she was an overstyer when she applied flr application in 2011. If she doesn't have any leave prior to 2011 application , her time during this application processing will not count towards 10 years Long residency.

For the safe side apply SET LR when u complete 10 years from the time u were granted 1st flr visa.
Hi there, that was an example.
Time spent when awaiting decision or appeal whilst on immigration bail counts as legal residence as long as leave to remain was granted straight after.

User avatar
CR001
Moderator
Posts: 86826
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: 10 year private life route visa

Post by CR001 » Tue Dec 29, 2020 10:11 pm

Violetsareblue wrote:
Tue Dec 29, 2020 9:50 pm
Route to ILR wrote:
Tue Dec 29, 2020 11:57 am
Violetsareblue wrote:
Sun Dec 27, 2020 11:43 am
You might even qualify under long residence earlier if you add the application processing l time and perhaps appeal time before you were granted in 2012. For example, if you applied in jan 2011 and you were granted in july 2012, you 10 years legal residence starts from 2011 therefore you can apply under long residence in 2021..
How can she apply set lr on 2021? Do u know her full immigration history? May be she was an overstyer when she applied flr application in 2011. If she doesn't have any leave prior to 2011 application , her time during this application processing will not count towards 10 years Long residency.

For the safe side apply SET LR when u complete 10 years from the time u were granted 1st flr visa.
Hi there, that was an example.
Time spent when awaiting decision or appeal whilst on immigration bail counts as legal residence as long as leave to remain was granted straight after.
This only applies IF the person had leave to remain before a refusal etc. If the person was an overstayer or illegally in the UK, the 10 years for ILR LR starts counting from the date the leave was issued!

Please do not give incorrect or misleading advice.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Violetsareblue
Member
Posts: 115
Joined: Fri Dec 20, 2019 11:46 pm

Re: 10 year private life route visa

Post by Violetsareblue » Wed Dec 30, 2020 6:46 pm

CR001 wrote:
Tue Dec 29, 2020 10:11 pm
Violetsareblue wrote:
Tue Dec 29, 2020 9:50 pm
Route to ILR wrote:
Tue Dec 29, 2020 11:57 am
Violetsareblue wrote:
Sun Dec 27, 2020 11:43 am
You might even qualify under long residence earlier if you add the application processing l time and perhaps appeal time before you were granted in 2012. For example, if you applied in jan 2011 and you were granted in july 2012, you 10 years legal residence starts from 2011 therefore you can apply under long residence in 2021..
How can she apply set lr on 2021? Do u know her full immigration history? May be she was an overstyer when she applied flr application in 2011. If she doesn't have any leave prior to 2011 application , her time during this application processing will not count towards 10 years Long residency.

For the safe side apply SET LR when u complete 10 years from the time u were granted 1st flr visa.
Hi there, that was an example.
Time spent when awaiting decision or appeal whilst on immigration bail counts as legal residence as long as leave to remain was granted straight after.
This only applies IF the person had leave to remain before a refusal etc. If the person was an overstayer or illegally in the UK, the 10 years for ILR LR starts counting from the date the leave was issued!

Please do not give incorrect or misleading advice.
Hi @CR001
According to the long residence guidance,
https://assets.publishing.service.gov.u ... pdf#page18
Image

‘ This page tells you when temporary admission, temporary release or immigration bail counts as lawful residence for 10 years long residence applications.
Temporary admission or release or immigration bail only qualifies as lawful residence if leave to enter or leave to remain is later granted. For example, if an applicant is granted leave following a period of temporary admission, the time on temporary admission counts as lawful residence’.

I was only interpreting that paragraph. Isn’t that the case? For example an illegal immigrant who makes an application for leave to remain, waiting 2 years for a decision and leave to remain was granted straight after. Wouldn’t the 2 years spent on immigration bail count towards legal residence ?
Kindly elaborate please .

secret.simon
Moderator
Posts: 10975
Joined: Thu Feb 21, 2013 9:29 pm

Re: 10 year private life route visa

Post by secret.simon » Wed Dec 30, 2020 8:30 pm

Violetsareblue wrote:
Wed Dec 30, 2020 6:46 pm
Temporary admission or release or immigration bail
All the above are grants of the Home Office, which are granted under certain circumstances.

Filing an appeal in court if you have no pre-existing leave to remain does not legalise the overstay.

The person's legal stay only starts when the person is granted a leave to remain by the Home Office.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Locked
cron