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Is 10 years route to ILR applicable on private life

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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abhipra29
Newly Registered
Posts: 2
Joined: Tue Jun 22, 2021 9:44 pm
India

Is 10 years route to ILR applicable on private life

Post by abhipra29 » Wed Jun 23, 2021 10:40 am

Hi,

I am looking for advice from experienced people on this forum
This is for me and my families eligibility for ILR.

Here is my situation
- I am an INDIAN citizen who came to UK on 15-Apr-2014 on ICT Tier2 visa with my family (wife and 9 year son).
- In Mar-2019, my wife moved on Tier 1 entrepreneur visa whereas me and my son as PBS dependents.
Due to COVID, my wife's plans of business soared, she incurred huge financial losses and was not able to generate 2 employment. She thinks in remaining 1 year she will not be able to recover much to meet home office's condition for 2 employment in order to get tier 1 entrepreneur extension whereas we want to continue our stay in UK.

One of my friend suggested if my son has lived in the UK for seven years, we can try 7-year child Parent Route and can get visa that is valid for 30 months, extendable but for ILR I have to extend this visa 4 times and then only we can apply.

Does this mean if this visa is granted to me on 15-July-2021 (date just for calculation)
1) Whatever 7+ years spend by me and my family will be set to zero and we have to spend another 10 years before ILR.? to be eligible on 15-July-2031.
or
2) The statement "for ILR you have to extend your visa 4 times" will not apply in my case as after 33 months on this visa (first 30 mins and within extension), me and my family can apply for ILR after 10 years long residence status? to be eligible on 15-Apr-2024.

I would appreciate if you can advise me on this and sort out my confusion?

Thanks,
Abhi

secret.simon
Moderator
Posts: 11021
Joined: Thu Feb 21, 2013 9:29 pm

Re: Is 10 years route to ILR applicable on private life

Post by secret.simon » Thu Jun 24, 2021 12:42 am

Your family and you can apply for ILR Long Residence in 2024, provided you maintain continuity of legal residence throughout that period and meet the absence requirements of no more than 540 days of absence from the UK in the entire 10 year period (and no single absence exceeding 180 days).

Keep in mind that the requirement for the 7 year child visa is not only residence in the UK for 7 years, but you also need to prove why it is unreasonable for the child to leave the UK.
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.

abhipra29
Newly Registered
Posts: 2
Joined: Tue Jun 22, 2021 9:44 pm
India

Re: Is 10 years route to ILR applicable on private life

Post by abhipra29 » Thu Jun 24, 2021 8:55 pm

Hi secret.simon,

Thanks for your advise.
I do understand for 7 years child route, it is required to be proved that child cannot go back to home country and the visa is not a right but on discretion of home office. Thus, I am exploring other options to extend my stay for 10 years.

Kind Regards!

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