Query on Eligibility - 10 years long residence route ILR Vs 5 years Spouse route ILR

[PreethiRG]

Hi

I've entered the UK on 30th August 2012 as student on Tier4 General Visa.

Below are the details of different visa categories on which I have stayed from then to till date.

Tier4 General : 30th August 2012 - April 2014

Tier2 General with the First Employer: April 2014 - May 2017

Extended the Tier2 General with Same employer:
May 2017 - April 2020.

However, our immigration leave got curtailed during May 2018. In the curtailment letter issued at this time, we were told to apply visa with another employer before July 2018 OR leave the country. We ensured that we changed the Tier2 Sponsor and again applied for Tier2 General WITHIN specified time. So Tier2 General with another employer was approved : August 2018 - July 2019 (COS taken only for 1 year at this time due to plan of switching to spouse visa soon at that time as my husband was about to get ILR )

Once my husband got ILR in a months time after I changed the sponsor, I switched to Spouse visa : October 2018 - April 2021

Extended Spouse visa : April 2021 - November 2023


In the last 10 years, I never left UK for more than 180 days at once and not more than 540 days total.

Considering all the above, as it will be 10 years completion legally to this 30th August 2022 - can I apply for ILR in the 10 years long residence route now OR should I have to hold for now now and am I eligible to apply for ILR only in 5 years spouse route (on completing 5 years as spouse next year in 2023).

Can someone advice OR help with this ASAP.

Thanks in advance !

[vinny]

Yes. It’s your choice. If you are eligible to apply for ILR under Long residence before you are eligible to apply for ILR under spouse route, then you may choose to apply for ILR under Long residence.

Subject to satisfying the KoLL requirements for ILR, etc.