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Query regarding 10 year route changes

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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Swayer1994
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Query regarding 10 year route changes

Post by Swayer1994 » Mon Apr 15, 2024 6:52 pm

Hi everyone, hope you’re doing well.

I had a query regarding the paragraph below on gov.uk’s website (recent changes to 10 year route):

“The applicant must also have had permission on their current immigration route for at least 12 months on the date of application or have been exempt from immigration control within the 12 months immediately before the date of application. This requirement does not apply where the applicant’s current permission was granted before 11 April 2024.”

This is probably a really silly question, but what does this paragraph mean with regards to visa extensions?

A bit of info regarding my current circumstances: I’m on a skilled worker visa currently (issued July 2021), which expires a day before I am able to apply for ILR via the 10 year route. I have only been in the UK under Tier 4 student visas and my current skilled worker visa, and have met the continuous residency requirements. I’m eligible to apply for ILR via the 10 year route in August 2024. Moving forward, one option is extending my current skilled worker visa. I can do this easily, my employer has already emailed me to inform me that a CoS will be emailed within the next 5 days. Another option seems to be that I could just apply for ILR near the end of my current visa and section 3C leave would help cover the missing day. I have got an appointment with an immigration lawyer to discuss which option is the safest route to take. I don’t mind paying twice, I just don’t want to risk my application.

This brings me to my question for the forum: if I get a visa extension, will UKVI view it to still be the “same permission”, or does it count as “new permission”, ie I need to hold the new extended visa for 12 months?

My feeling is the paragraph above doesn’t apply to extending a skilled worker visa you already have as it doesn’t change your immigration route, but I still find myself feeling anxious about it so thought I’d post on here. The answer to this would help me make my decision on which route to take as my priority is to apply for ILR asap once I hit the 10 year mark.

Any advice and opinions on what your interpretation of that paragraph is would be hugely appreciated.

Thanks!

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zimba
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Re: Query regarding 10 year route changes

Post by zimba » Tue Apr 16, 2024 1:12 am

What you quoted clearly says 12 months under the same immigration route. An extension does NOT change your immigration route
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Swayer1994
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Posts: 2
Joined: Mon Apr 15, 2024 6:25 pm
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Re: Query regarding 10 year route changes

Post by Swayer1994 » Tue Apr 16, 2024 9:52 pm

Thank you

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