Can I apply for ILR 5 Years into 10 year FLR(Fp) private life route

About my husband. His FLR(FP) on the basis of private life, 3rd extension is due in Jan 2023 and with this new immigration rule that's been announced June 2022, I am confused as to whether he can now apply for ILR after he has completed 5 years out of 10 years instead of continuing on FLR(FP) for another 5 years.

I am british/Irish citizen, we also have a child together who is British. He meets the financial requirement, just needs to take an English test which is no problem.

Hoping someone could clarify this for me because we are really confused! I've read all the documents posted on this forum and I just can't seem to 'get' any of it. Many thanks in advance

I am in the same situation ,have you heard any advice from experts ?

Izk1995 wrote: ↑

Fri Jun 24, 2022 10:15 pm

I am in the same situation ,have you heard any advice from experts ?

Not yet. I have emailed a solicitor, hopefully they will reply shortly and I will let you know. If we don't hear from them by end of next week then I will get him to call Home Office and see if they can clarify things for us.

Only if he is between 18-24 and meets the half life test

No. There are no such magical provisions in the upcoming new changes: indefinite-leave-to-remain/new-rule-on- ... l#p2064128

Check this out from the gov.uk website:

Eligibility

The eligibility criteria you have to meet are different depending on whether you’re applying as an adult or a child.

Children and young adults
If you were born in the UK and have lived here for 7 continuous years since your birth, you can apply immediately for indefinite leave to remain on the basis of your private life.

Otherwise you can apply for indefinite leave to remain on the basis of your private life if all of the following are true:

you were first given a visa on the basis of your private life when you were aged between 18 and 24
you arrived in the UK as a child
you have lived in the UK for 5 continuous years with a visa
You can include time you’ve spent on any other visas which lead to indefinite leave to remain. You must have had a visa based on your private life for at least one year on the day you apply.

Adults
You can apply to settle as an adult on the private life route if you:

are aged over 18
were given a visa on the basis of your private life in the UK
have lived continuously in the UK for 10 years with a visa
You can include time you’ve spent on any other visas which lead to indefinite leave to remain. You must have had a visa based on your private life for at least one year on the day you apply.