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Regarding the first entry and the period for ILR (LR) application

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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Kasi03
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Regarding the first entry and the period for ILR (LR) application

Post by Kasi03 » Tue May 13, 2025 3:20 am

Hello everyone

I have been in the UK since 2009, so around 16 years, I am interested to apply for ILR based on Long Residence, 10 years.

My doubt is related to the following two application questions:

1) How long have you lived in the UK?
2) When did you first enter the UK?

If I answer and say that I have been in the UK since 2009, then I guess I will need to list all my absences in the past 16 years, which I cannot because I only have a record of my absences in the past 10 years.

So, is it ok to put 10 years instead of 16 years for the first question then put 2015 as first entry instead of 2009 in the second question ?

Kasi03
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Can a student apply for ILR based on the 10 year long residence ?

Post by Kasi03 » Tue May 13, 2025 2:40 pm

Hi everyone,

I am interested in applying for the ILR based on the 10 year long residence.

My current leave is Student which is "Leave to Enter" not "Leave to Remain" because I applied to it from my home country, would that be an issue ?

I also have a scholarship from my home country to study in the UK, will this have any negative impact ?

I am currently doing my 2nd PhD degree in the UK, do you think that can have any negative impact ?

lolo2
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Re: Can a student apply for ILR based on the 10 year long residence ?

Post by lolo2 » Tue May 13, 2025 3:10 pm

Kasi03 wrote:
Tue May 13, 2025 2:40 pm
My current leave is Student which is "Leave to Enter" not "Leave to Remain" because I applied to it from my home country, would that be an issue ?

I also have a scholarship from my home country to study in the UK, will this have any negative impact ?
Have you checked within the scholarship T&Cs whether you need to go back to your home country after studies?

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zimba
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Re: Regarding the first entry and the period for ILR (LR) application

Post by zimba » Tue May 13, 2025 3:26 pm

The long residence only cares about the immediate last 10 years, what happened before that is irrelevant as historical 10 years cannot be relied on. When you entered the UK is also irrelevant if you have been here for more than 10 years. The answers on the form do not affect anything at all. There is no issue that you are student here either as long as you have been under the same route for at least 12 months

I highly suggest reading this: Lawful and continuous residence changes to Long Residence route from 11 April 2024
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Kasi03
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Re: Can a student apply for ILR based on the 10 year long residence ?

Post by Kasi03 » Tue May 13, 2025 7:58 pm

lolo2 wrote:
Tue May 13, 2025 3:10 pm
Kasi03 wrote:
Tue May 13, 2025 2:40 pm
My current leave is Student which is "Leave to Enter" not "Leave to Remain" because I applied to it from my home country, would that be an issue ?

I also have a scholarship from my home country to study in the UK, will this have any negative impact ?
Have you checked within the scholarship T&Cs whether you need to go back to your home country after studies?
No I don't need to go back. However, I am mainly thinking of UK's perspective. One of the questions in the ILR application is:

"Are you part of any social groups or do you have No other cultural ties in your country of birth, nationality or any other country where you have lived for more than 5 years?"

The caseworker might think that I have strong ties with my home country since I am receiving full scholarship from there which might affect the decision.

Kasi03
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Re: Regarding the first entry and the period for ILR (LR) application

Post by Kasi03 » Tue May 13, 2025 8:01 pm

zimba wrote:
Tue May 13, 2025 3:26 pm
The long residence only cares about the immediate last 10 years, what happened before that is irrelevant as historical 10 years cannot be relied on. When you entered the UK is also irrelevant if you have been here for more than 10 years. The answers on the form do not affect anything at all. There is no issue that you are student here either as long as you have been under the same route for at least 12 months

I highly suggest reading this: Lawful and continuous residence changes to Long Residence route from 11 April 2024
Thank you Zimba, as you explained the entry date is not a critical factor, so I have the option to choose which one to use.

Can you please check my reply to lolo2 above and let me know what you think.

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zimba
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Re: Regarding the first entry and the period for ILR (LR) application

Post by zimba » Wed May 14, 2025 3:23 am

You do not need to even have strong ties to the UK when you normally qualify. The fact that you have scholarship is irrelevant
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Kasi03
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Proof of relationship in ILR

Post by Kasi03 » Wed May 14, 2025 11:23 pm

Hello everyone,

I have completed the ILR (LR) application form for myself but haven't submitted yet.

In the documents checklist, the following two documents were requested.

1) Evidence you have to prove the relationship (for example marriage certificates), and correspondence addressed either to you jointly, or in both of your names, or addressed individually to you at the same address, to cover the last two years.

2) Proof of relationship status as married or civil partners.

- However, although I am married I am not really sure why they are asking for proof of relationship since I am making the application on the basis of long residence (my wife doesn't even have citizenship or ILR so I am not relying on her for the application) so I am not getting the point.

- She's currently on a dependant visa because she was granted permission in a previous application on the basis of her relationship with me, and in this case there is no need for the 2 years document request as I understand.

- I also thought that the 2 years documents are for unmarried couples so why is it required in my case, won't marriage certificate be sufficient ?

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Re: Regarding the first entry and the period for ILR (LR) application

Post by zimba » Thu May 15, 2025 2:25 am

Firstly, please stick to this thread and do not start new posts !
Under the long residence route, individuals will apply for ILR in their own right and must qualify independently. There is no link or dependant or anything else. Your relationship, spouse, children, etc do not matter at all. The doc list may ask for evidence of these in error but you do not need to provide any.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: Proof of relationship in ILR

Post by GTVStott » Thu May 15, 2025 1:29 pm

Kasi03 wrote:
Wed May 14, 2025 11:23 pm
Hello everyone,

I have completed the ILR (LR) application form for myself but haven't submitted yet.

In the documents checklist, the following two documents were requested.

1) Evidence you have to prove the relationship (for example marriage certificates), and correspondence addressed either to you jointly, or in both of your names, or addressed individually to you at the same address, to cover the last two years.

2) Proof of relationship status as married or civil partners.

- However, although I am married I am not really sure why they are asking for proof of relationship since I am making the application on the basis of long residence (my wife doesn't even have citizenship or ILR so I am not relying on her for the application) so I am not getting the point.

- She's currently on a dependant visa because she was granted permission in a previous application on the basis of her relationship with me, and in this case there is no need for the 2 years document request as I understand.

- I also thought that the 2 years documents are for unmarried couples so why is it required in my case, won't marriage certificate be sufficient ?
Are you certain you are filling out the correct application? It is easy to get them all confused. I was not asked for this in my ILR application.

Kasi03
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Re: Proof of relationship in ILR

Post by Kasi03 » Thu May 15, 2025 10:47 pm

GTVStott wrote:
Thu May 15, 2025 1:29 pm
Kasi03 wrote:
Wed May 14, 2025 11:23 pm
Hello everyone,

I have completed the ILR (LR) application form for myself but haven't submitted yet.

In the documents checklist, the following two documents were requested.

1) Evidence you have to prove the relationship (for example marriage certificates), and correspondence addressed either to you jointly, or in both of your names, or addressed individually to you at the same address, to cover the last two years.

2) Proof of relationship status as married or civil partners.

- However, although I am married I am not really sure why they are asking for proof of relationship since I am making the application on the basis of long residence (my wife doesn't even have citizenship or ILR so I am not relying on her for the application) so I am not getting the point.

- She's currently on a dependant visa because she was granted permission in a previous application on the basis of her relationship with me, and in this case there is no need for the 2 years document request as I understand.

- I also thought that the 2 years documents are for unmarried couples so why is it required in my case, won't marriage certificate be sufficient ?
Are you certain you are filling out the correct application? It is easy to get them all confused. I was not asked for this in my ILR application.

The visa application type I am filling is "Set (LR)", what was yours ?

Kasi03
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Re: Regarding the first entry and the period for ILR (LR) application

Post by Kasi03 » Fri May 16, 2025 10:38 am

zimba wrote:
Thu May 15, 2025 2:25 am
Firstly, please stick to this thread and do not start new posts !
Under the long residence route, individuals will apply for ILR in their own right and must qualify independently. There is no link or dependant or anything else. Your relationship, spouse, children, etc do not matter at all. The doc list may ask for evidence of these in error but you do not need to provide any.
I have another question please, I am currently on a Student visa, my wife and children are on Student Dependant visas. Once I switch to ILR, will their visas still be valid or are they required to switch because I am no longer on a Student visa ?

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zimba
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Re: Regarding the first entry and the period for ILR (LR) application

Post by zimba » Sat May 17, 2025 12:22 am

No visa becomes invalid as a side effect. However, UKVI may seek to curtail their visa if their route is no longer appropriate. They are advised to switch to the family route
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Kasi03
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Re: Regarding the first entry and the period for ILR (LR) application

Post by Kasi03 » Sat May 17, 2025 1:05 am

zimba wrote:
Sat May 17, 2025 12:22 am
No visa becomes invalid as a side effect. However, UKVI may seek to curtail their visa if their route is no longer appropriate. They are advised to switch to the family route
I asked 6 lawyers, 3 of them said it will be valid and 3 said it will not be valid.

The Home Office guidance doesn't even mention anything about this issue !

Such a joke !

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zimba
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Re: Regarding the first entry and the period for ILR (LR) application

Post by zimba » Sat May 17, 2025 1:14 am

No visa becomes invalid that way. Any lawyer who says such a thing should not even be a lawyer :?

A leave can be either cancelled or curtailed only by the UKVI.
All the rules on how a visa is curtailed or cancelled are explained in the UKVI guide here: https://assets.publishing.service.gov.u ... ission.pdf
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Kasi03
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Re: Regarding the first entry and the period for ILR (LR) application

Post by Kasi03 » Sun May 18, 2025 4:13 pm

May I ask other questions please

I have been in the UK for 16 years, in the documents check list I am required to provide "All previous passports, travel documents or national identity cards that you have used to travel to or remain in the UK"

- Am I required to provide passports covering the entire period 16 years or just the past 10 years ?

- Considering the previous passports, do I just provide a scan of the biometric page or do I need to provide a photo of all the pages ? as I am aware that the home office doesn't keep the passports during processing so probably they need the passport pages to check the stamps.

- A few months ago, I received Bus Lane Penalty Charge Notice from the council for being in a bus lane (Contravention Code 34) with photos of the car. Then, I paid the penalty charge. Am I required to mention this in the ILR application form ?

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zimba
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Re: Regarding the first entry and the period for ILR (LR) application

Post by zimba » Sun May 18, 2025 8:11 pm

Only cover the last 10 years, plus are the travel stamps over the last 10 years. PCNs do not need to be declared
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Kasi03
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Re: Regarding the first entry and the period for ILR (LR) application

Post by Kasi03 » Mon May 19, 2025 12:47 pm

I also have an unusual immigration history in which I had student visas for 10 years (Bachelors, Masters, PhD), then got the (LR) based on the 10 years, then got Global Talent visa then now I am on a Student visa (to do another PhD).

I am just concerned how the caseworker will see my immigration history because FLR (LR) is very close to settlement then I moved far from settlement when I got Global Talent then I even moved further from settlement when I applied for Student visa.

Can they say the pattern of my visas route was not consistent with settlement ?

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Re: Regarding the first entry and the period for ILR (LR) application

Post by zimba » Mon May 19, 2025 2:44 pm

The rules do not care about any pattern. It is the matter of qualifying as per the rules. If you qualify under the rules, then there is no other issue
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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