Cnfusing Appl names and Super Priority:SetM vs Long Residence vs Apply as partner

[L_board]

Hey guys,

I've trawled the forum before posting and also been through the numerous threads and links posted in response by other individuals. Unfortunately was not able to find anything related to my case.

I was born in the UK (stayed for about 3 months I believe - have a British birth certificate), brought up outside the country (17 years).

Arrived in the UK in 2003 December on a visitor visa when I was 17 years. Mum made an application at that time that was deemed incomplete.
Overstayed my visa - big time . Oblivious to the rules etc...

Was studying and working at the time - doing A-Levels, and Uni. Met my wife (she's British) in college 2005 - got married in 2014. Had 1 child at the time in 2015.

made an FLR FP application via solicitors 2015 (1st application).
Was granted a 2.5 year visa on a 10 year route.
I made a further FLR FP application by myself on the 10 year route and was granted a further 2.5 years which expired on 4th Feb 2021 (2nd application). Made a further application, again by myself and was granted another 2.5 years expiring March 2024 (3rd application).

3 x FLR FP applications.
1st application was made on 21st Oct 2015 but was granted in Feb 2016 -

I'm about to make my 4th FLR FP application - hopefully granted and within this visa I intent to apply for ILR.

Now on to my question - to apply for ILR - does the qualifiying period start from when my first submitted (21st oct 2015) OR from when my leave was granted (11th Feb 2016)



Thanks for taking the time out to read my context.

[CR001]

From the date your leave was granted. The date you submitted is completely irrelevant.

[L_board]

Thank you so much. Appreciate your input.

[L_board]

From the date your leave was granted. The date you submitted is completely irrelevant.

Hey CR001 (or anyone else) - On my visa grant letter it states:

Future Applications

You should apply for further leave in the prescribed manner prior to the expiry of
your current leave. Please note you must continue to meet the requirements of
the Immigration Rules, including at the time of all future applications. If you
meet the criteria set out in the Immigration Rules, you will be given a further
period of up to 30 months limited leave to remain.
Following a continuous period of lawful leave to remain in the UK of at least ten
years (120 months), and subject to meeting the requirements of the Immigration
Rules at the time, you may be eligible to apply for indefinite leave to remain in
the UK.
You must apply before the end of your authorised stay in the UK, but not more
than 28 days before completing that period. If you apply earlier than that, your
application may be refused.


My current visa expires on March 9th. Trying to apply early to avoid the IHS rise. If this visa is granted I will have the 10 years required for ILR.
My question is around the underlined section - it says my application maybe rejected? Can they do that?

[L_board]

oh wait - re-reading that. Is the above 28 days wording for the final ILR application and NOT the FLR FP app?

[CR001]

oh wait - re-reading that. Is the above 28 days wording for the final ILR application and NOT the FLR FP app?

The 28 days concession applies to all immigration applications

[L_board]

Hey CR001 - just seeing your reply.

My visa expires on the 9th March 2024 - does that mean I can do it now or not? I've just paid the IHS etc...just need to make the payment for the visa.

I'm on the 'Choose a service' page - only the standard service is showing was hoping to do the super fast one.

[zimba]

Hey CR001 - just seeing your reply.

My visa expires on the 9th March 2024 - does that mean I can do it now or not? I've just paid the IHS etc...just need to make the payment for the visa.

I'm on the 'Choose a service' page - only the standard service is showing was hoping to do the super fast one.

Your visa expiry is irrelevant. You need to find the earliest date of eligibility which is within 28 days of completing your qualifying period, so you will make sure your date of decision would be on that date or onwards.

You can apply early: How to apply early and benefit from the date of the ILR decision ?

Also see: Online Application - Why there is no Super Priority Service Option ?

[L_board]

Hi there,

I’ve been trawling through the forum to find out if a Diploma in Higher Education (DipHE) in Biological sciences from uni of Westminster - is enough to qualify for leave to remain (as a British spouse/parent).

Thanks.

[zimba]

A DipHE is a Level 5 qualification, equivalent to the first two years of a three-year bachelor's degree, and not considered a full degree. Therefore, it typically does not meet the required standard which is a bachelors degree (min)

[L_board]

A DipHE is a Level 5 qualification, equivalent to the first two years of a three-year bachelor's degree, and not considered a full degree. Therefore, it typically does not meet the required standard which is a bachelors degree (min)

Thanks Zimba - I was hoping you’d response. Appreciate all that you do.

Any recommendations? Would you say I should sit the b1 test? Or provide my uni certificate. I had done a SAR - as I had asked to switch from my current 10 year route to the 5 year route. Within the notes from the caseworker - it states


“
Applicant is potentially eligible for 5 year route as they meet English Language (Diploma certificate) and
Finances (annual income £XXXXX.XX) however their job at the time of applying was a temporary contract
which was due to expire 04/02/21. Additionally, the applicant has already been granted twice previously under
the 10 year partner route and there would be no benefit to switching them to the 5 year partner route.
Therefore, applicant will continue to be considered under 10 year partner route.
CASE CONSIDERED UNDER 10 PARTNER ROUTE (R-LTRP 1.1 (d)……..”

[zimba]

I'd ignore the note and stick to the rules.
Here is an appropriate B1 test: https://www.trinitycollege.com/qualific ... SE-grade-5

[L_board]

I'd ignore the note and stick to the rules.
Here is an appropriate B1 test: https://www.trinitycollege.com/qualific ... SE-grade-5

Thanks Zimba - also checked with XXXXX Visas - shared my cert with them and they advised the same. Do the test - so booked the b1.

Thanks!

On a side note - any idea why the ILR (either as a parent or long residency) does not have the priority £500 service and only shows the super priority?

[CR001]

On a side note - any idea why the ILR (either as a parent or long residency) does not have the priority £500 service and only shows the super priority?

The 5 day priority is only available to certain routes, the work type visas such as skilled worker, ancestry, global talent etc. This has always been the case.

[L_board]

Hi all,

I've been on the Family or Private Life route for the last 10 years. I am married to a BC and all kids are BCs etc...
Now - with all the shenanigans with the new rules etc...I'd like to apply for Super Priority.

I understand I'm eligible for ILR under:
1. Long Residence (as I've been here legally for the last 10 years)
2. Set M(?!)
3. settlement-adult-relative: THIS is what I'm applying through as I read the eligibility (as i was put on the10 year route - never showed financials + private life etc...). Also that's what's showing when I email myself a link (and also on the address bar).

On to my question:
These are the only visas that I can get (super)priority service on:
A: Application to settle as the partner of a person, or parent of a child, who is present and settled in the UK (through form SET(M))
B: Application to settle if you’ve been in the UK legally for 10 continuous years (known as ‘long residence’)

Which category does my Settlement Adult Relative fall under please? And does my route/application have the super priority service?

Thanks - as always for taking the time out to respond!

[zimba]

None. Settlement Adult Relative from does not offer super priority as far as I know

[L_board]

None. Settlement Adult Relative from does not offer super priority as far as I know

ahhhh - do you think I can apply under a different route (set M) or Long Residency - as I do qualify for these options to avail the Super Priority?

Thanks again!

[zimba]

None. Settlement Adult Relative from does not offer super priority as far as I know

ahhhh - do you think I can apply under a different route (set M) or Long Residency - as I do qualify for these options to avail the Super Priority?

Thanks again!

SET(M) needs 60 months under the 5-year family route but you seem to be under the 10-year route. So you do not qualify.
If you have 10 years of lawful continuous residence, then you can apply under the long residence.

Make sure to read --> Changes to the Long Residence settlement route from 11 April 2024

Note that any future rule changes will NOT affect you if you apply now under any route. That is because the immigration rules in place at the point when you submitted your application will apply to that application (not any new changes brought in)

[L_board]

None. Settlement Adult Relative from does not offer super priority as far as I know

Hey Zimba (and perhaps others) - did the Settlement Adult Relative ever have Priority/Super Priority - ever? I'm deliberating if I should change my application to Long Residency or stay on the settlement adult relative.

On the LR application form: it states
Apply to settle in the UK – long residence
Use this form if you have lived in the UK lawfully for 10 years continuously and now want to apply to settle in the UK.

If you are the spouse or partner of someone who is settled and currently living in the UK and you have completed the relevant period of continuous leave in the UK using the 'Family Route', you cannot use this form. You must instead apply using the form Apply to settle in the UK - Partner of a person or parent of a child already settled in the UK.

I've been granted leave to remain for the last 10 years on '10 year partner route'

Bite the bullet and go for the standard service? (grr!)

[zimba]

No it never had super priority option, as far as I know.

Also the note on the SET(LR) form does NOT say that people under family route cannot apply, it simply intended to tell them that they need to use a different form (i.e. adult settlement form) if they intend to apply under the 10-year family route.

Under the long residence, your current visa or route does NOT matter

[L_board]

No it never had super priority option, as far as I know.

Also the note on the SET(LR) form does NOT say that people under family route cannot apply, it simply intended to tell them that they need to use a different form (i.e. adult settlement form) if they intend to apply under the 10-year family route.

Under the long residence, your current visa or route does NOT matter

wow. Thanks!

I think I'm going to switch applications to LR (from adult settlement relative).
I do need to now get all the dates I've been out of the country - quite a few to total up!

Thanks Zimba!

[L_board]

No it never had super priority option, as far as I know.

Also the note on the SET(LR) form does NOT say that people under family route cannot apply, it simply intended to tell them that they need to use a different form (i.e. adult settlement form) if they intend to apply under the 10-year family route.

Under the long residence, your current visa or route does NOT matter

Hey Zimba!

Filled in a new LR Settlement application and will be submitting it on Thursday after my B1 exam.

Just to summarise my history and background:

Arrived in the UK in 2003 December on a visitor visa when I was 17 years. Mum made an application at that time that was deemed incomplete.

Overstayed my visa - big time . Oblivious to the rules etc...

Was studying and working at the time - doing A-Levels, and Uni. Met my wife (she's British) in college 2005 - got married in 2014. Had 1 child at the time in 2015.

made an FLR FP application via solicitors 2015 (1st application).
Was granted a 2.5 year visa on a 10 year Partner route on 11th February 2016.
I made a further FLR FP application by myself on the 10 year route and was granted a further 2.5 years which expired on 4th Feb 2021 (2nd application). Made a further application, again by myself and was granted another 2.5 years expiring March 2024 (3rd application).
Subsequently a 4th Application made in Feb 2024 - expiring in September 2026.

So from 11th Feb 2016 till date - I've been in the UK as my home. Travelled outside about 30 times, each time not exceeding 25 days(being the maximum out of the country), with the average days outside UK being 11 days MAX- Totalling 319 days outside the UK.

Given the above - and your experience in helping others, am I ok to proceed with LR application (and not the elongated Settlement Adult Relative with NO priority slots)?

Needless to say - NOTHING will be held against anyone should there be a negative outcome. It's MY decision and mine alone (with help from amazing internet people such as yourself - who dedicate a massive amount of time and effort!).

[zimba]

This sounds straightforward to me

[L_board]

This sounds straightforward to me

Thank you sire!