ILR - for me, spouse and child - continuous 5 year dependents

[Madu123]

Hello folks

Please I would be very grateful if you can advise me on the options left for me to complete the 10- year route. I will have 5 months left to complete the 10-year route when my current visa expires but not sure the options that might help me clock the 10 years. Currently I am on 35k permanent job.

Please could you advise me.
Madu

[CR001]

Useful to state what your full UK immigration history is, including all relevant dates, if you want any advice

[Madu123]

Useful to state what your full UK immigration history is, including all relevant dates, if you want any advice

Thanks for the response.
I have been living in the UK legally since 2014. I started with a doctoral programme plus the one year doctoral extension that ended in 2019. But before the doctoral extension ended in 2019, my wife had enrolled on a master's degree programme, which she completed after one year and then was granted the 2-year post study work visa in 2021. So, when she started her MSc program I became her dependant and have remained her dependant till now. The two-year Graduate Route Visa will expire in 2023 remaining the 5 months gap to meet the 10-year long stay route.
Thanks very much.

[zimba]

If you started living here in 2014, how do you believe you are eligible for ILR under the long residence before 2024 ??

[Madu123]

If you started living here in 2014, how do you believe you are eligible for ILR under the long residence before 2024 ??

Thanks for your reply. I am 100% sure based on the date I arrived in this country. This has been calculated that by the middle of Jan 2024 I will clock 10 years. It is not a mathematics to crack, it is simple. The 10-year long stay is not before 2024 as you said but will be in the middle of Jan 2024.

Thanks

[ywlgy]

Option 1: Find a job that gives sponsorship.
Option 2: Your wife do a PhD.
Option 3: You do another PhD in different field.

[Madu123]

Option 1: Find a job that gives sponsorship.
Option 2: Your wife do a PhD.
Option 3: You do another PhD in different field.

Thanks very much for the options.
I appreciate

[raj_m]

1 more option...
i think if you apply visitor visa in those last 5 months (and get it too)...you can spend some time in uk on that visa...say 2-3 months(do not need 5 full months stay)...then you can complete 10 years...just make sure in the last year ..you do not spend much days outside UK before you apply for visitor visa...then during visitor visa ..you can use those days...
Just think around this option too.

[raj_m]

Hello All,

Need clarity please.

I entered UK first time on 2 sep 2015. Went back 12 Aug 2016. Visa valid till 20 Aug 2016.
Reapplied. Submitted online application on 30 Sep 2016. got visa by 10 Oct 2016.
Reentered uk on 15 Oct 2016.
And have been in UK since then.

Would I be eligible for 10 year based..ILR on 2 sep 2025 (10 years from 2 sep 2015) ?
Or have i broken the continuous residence rule because of gap of 28+ days when i reapplied on 30 sept 2016? and i have to wait till 10 Oct 2026?

[zimba]

If you left the UK with a valid visa and returned within 6 months, lawful residence under the long residence is maintained

Search for Example 2: specific to Appendix Long Residence
Continuous residence guidance: https://assets.publishing.service.gov.u ... dence.pdfå

[raj_m]

Thanks Zimba..but please have a look at this..

https://assets.publishing.service.gov.u ... idence.pdf

page 27 of 42

Applications for permission that were made outside the UK before 26 November
2016 will not break continuous residence if:
• the applicant made a successful application for permission within 28 days of
their previous permission expiring
• the applicant had permission when they left the UK and made a successful
application for entry clearance before that permission expired


This is where i have a doubt since my visa expired 20 Aug 2016 and I reapplied outside UK on 30 Sep 2016 which is more than 28 days gap!..

But then if look at page 28. it seems i am eligible and have not broken continuous residence rule.


i am CONFUSED !!

[zimba]

That guide covers ALL the immigration routes and what you quoted does NOT apply to the long residence when you leave the UK with valid leave !!! What you quoted is true for OTHER immigration routes (the long residence is the exception)

I showed you where you must look. This is why that example clearly states that it is specific to Appendix Long Residence

If you left the UK with a valid visa and returned within 6 months, lawful residence under the long residence is maintained

Search for Example 2: specific to Appendix Long Residence
Continuous residence guidance: https://assets.publishing.service.gov.u ... dence.pdfå

You see this being mentioned in the long residence guide as well which 'preserves' that old requirement. So as long as you left with a valid visa and returned in less than 184 days (not exceeding the limit of permissible absences):

Paragraph CR 4.1.(d)(iii) also preserves the position in the rules as of 10 April 2024 for applicants who had permission when they left the UK and returned to the UK with a valid permission, provided they do not exceed the limit of permissible absences.

https://www.gov.uk/government/publicati ... accessible

[raj_m]

I entered UK first time on 2 sep 2015. So Hopefully I am eligible for applying ILR(10 year route) by 2 sep 2025(or 28 days before).
My spouse entered UK 4 May 2016 on my dependent visa.
My child entered UK 4 May 2016 on my dependent visa.

I am aware that dependents can be included with my ILR application as they only need to show 5 preceding years continuous residence in UK on dependent visas.

But my spouse was on student visa for Jan 2021 to Feb 2022. so not my dependent for this period.

for May-2016 to Dec -2020, spouse was on my dependent visa.
for Mar-2022 - till date, spouse is on my dependent visa.

Can my spouse apply ILR along with me on 2 sep 2025 stating 5 years continuous residence based on first 5 years...rather than immediate 5 preceding years(which she still has not completed) ?

Reason is , my child who had been on my dependent visa throughout cannot apply along with me unless my spouse is also applying at same time.

[CR001]

You cannot add dependents to long residence ilr.

Ypur wife can apply for ilr when she meets the requirements. She cannot use a 5 year period from years ago, it kust be the immediate preceeding 5 years as your dependent.

She can apply for 10 years long residence when she meets the requirements. Ypur child too on their own form.

[raj_m]

Thanks for prompt reply!

Can me and my child (continuous preceding 5 years as my dependent, overall 9 years) apply together for ILR around 2-sep 2025 as my child turned 18 already this year? As he is no more a minor and may not require both parents to apply ILR at same time..
Your thoughts please.

[CR001]

No, you cannot add any dependents to your long residence application.

The child cannot apply unless your wife does, unless the child reaches 10 years legal stay and meets the long residence requirments. It is based on his visa category and rules, not his age.