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Hello everyone,

I’d appreciate some advice regarding my application for ILR on the basis of 10-year lawful residence in the UK. Presently I am on a Spouse/Partner Leave to Remain visa (5-year route based on Civil Partnership), however, I believe that I now qualify for the 10-year long residence tier which I wish to switch to. Upon reading the eligibility and requirements outlined via UKVI website, I believe that I do meet all the criteria and am able to supply the documentation required in support of my application.

However, I have the following queries and would like to ask if you may be able to provide advice:

1). Would it be possible for one to switch from Spouse Visa to ILR (settlement)?
2). My partner and I are still in Civil Partnership (registered in March 2014 and I have documents to evidence our cohabitation status since), but I had to relocate to a different city alone in mid 2016 due to my employment - that means that we do not presently live together. I understand that the Home Office requires the evidence of cohabitation since the start of our relationship (question B12 on application form), and the documents (our joint bank account statement) to show our residential address together are only dating from 2013 until February 2018 (joint account closed this March and I’m only able to apply for ILR in June).

Would the fact that my partner and I do not currently live together jeopardise my application if I am applying only based on my 10-year lawful residence in the UK? Would the documents of us living together in 2016 suffice?

I am happy to provide the explanation on why we do not currently cohabit (due to the location of my employer in a different city) - I’ve heard that the explanation would need to be supported with documentary evidence - may I ask what documents (or examples) I would need to supply in this case?

I’d be grateful for any advice you may provide!

Thank you!!

What is your 10 year UK immigration history?

CR001 wrote: ↑

Sun Apr 01, 2018 6:17 pm

What is your 10 year UK immigration history?

Entry date: 29/09/2007 on a Tier 4 Student VISA

In between, I’ve continously and lawfully stayed in the U.K. on PSW visa, Spouse Visa (5-year Route).

Any absence of 180 days or more??

Suggest read the Set(LR) form to understand how little documentation is required.

CR001 wrote: ↑

Sun Apr 01, 2018 6:21 pm

Any absence of 180 days or more??

Suggest read the Set(LR) form to understand how little documentation is required.

Thank you for your prompt response.

No, I don’t believe I have any absence of 180 days during my time in the U.K. I also agree with the little amount of documentation required for this application, however, I’ve been advised by many legal advisers (fee charging of course) that this needs very careful preparation and the fact of us not cohibating can be jeopardising. I am unsure how this is impacted since the form does require evidence of cohabitation if the relationship is subsisting.

CR001 wrote: ↑

Sun Apr 01, 2018 6:21 pm

Any absence of 180 days or more??

Suggest read the Set(LR) form to understand how little documentation is required.

Sorry to bother again. Could I get a quick piece of advice on how my current circumstance (no conhabitation since 2017) affects my 10-year Long residence application, please? Would a cover letter explaining the reason suffice?

Many thanks in advance for your time!

In the absence of any evidence, you don't have any choice but to explain briefly in a cover letter.

Hello

I am not sure how many times this topic has been covered. Based on my current immigration history for the last 10 years 9 months of lawful stay in the UK, I have come to realise that my overall absence has exceeded 540 days, of which 196 days are business travels (on behalf of my employer based in the UK) - i.e. I travel outside the UK to represent the business.

I read the guidance book published in January 2018 for the Home Office staff, which is attached below:

https://assets.publishing.service.gov.u ... 6.0EXT.PDF

Page 9 of 18 states that:

Allowable absence:
Absences must be for a reason consistent with the original purpose of entry to the UK, or for a serious or compelling reason in the following categories:
• work permit holder
• representative of an overseas business
• employee of overseas governments (except those exempt from control) or the United Nations (UN) or other international organisation of which the UK is a member
• airport-based operational staff of overseas-owned airlines

I wish to get some clarity on this - does this mean that those 196 days of absence will be discounted and therefore I do not exceed the 540 days limit? (subject to me obtaining solid evidence from my employer to confirm that those 196 days are for business travels)?

Many thanks!!

not discount, but the absences has to be a reason, connected, or related to your VISA. For example, if you come as Tier 2 worker, but absence from the uk for 5 months to study, but not related to your job. this is not allowed.

See your link on page 17.

"Absences of more than 180 days in any 12-month period for employment or
economic activity reasons are not considered exceptional."

so your 196 days were business trip, thus you absence for more than 180 days has already broken the continuous stay..... unfortunately.

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