Immigrationboards.com

Quick question please
On the family status leave to remain which is 30 months. Does the 5 year continue rule allow two parents of a British child apply for ILR?
Looking at the rule it says a partner whose other partner is British + a British child.
Not quite sure if this is the case of two partners who are not British but have two British children.

Thanks for your replys

It depends on their immigration history and whether they had valid other visas before and whether HO put them on the 5 or 10 year route. Their letter of approval would have said which route they are in.

If on the 120 months route, they have to wait 10 years for ILR and make 4 flr FP visa applocations

Thanks for your reply.

My cousin have the 120 months plan which is 4 applications before lLR. But also she has lived in the UK longer than that going to 17yrs now my question is must she really have to wait for the 120months before lLR application are they other clause to note her previous years?
Thanks for the reply.

CR001 wrote: ↑

Thu Apr 11, 2019 8:21 am

It depends on their immigration history and whether they had valid other visas before

Without knowing the full UK immigration history, it is impossible for anyone to offer advice on what she could or could not apply for.

Thanks again.
She came as a student in 2002 but couldn't extend her visa..she is settled now with her partner who is also on the 30months both similar history. With Thier British daughter the HO gave them the 120 months route.the second 30 extension ends in two months time.They will need to make another extension, are they ways she and her partner could apply for ILR instead of another 30 months extension, l m not sure if the 20 yes rule also.
Thanks

For ILR based on 10 years long residence, she needs 10 years LEGAL stay. It doesn't appear this is the case.

She came as a student in 2002 but couldn't extend her visa..she is settled now with her partner who is also on the 30months both similar history

So she had no legal status after her last student visa expired and simply stayed in the UK?? Did she ever try to regularise her status??

With Thier British daughter the HO gave them the 120 months route.the second 30 extension ends in two months time.They will need to make another extension, are they ways she and her partner could apply for ILR instead of another 30 months extension,

If they are on the 10 years FLR(FP) route, they need 4 x 2.5 years visas before they can apply for ILR. There is no shortcut. They can switch to the 5 year route, but my understanding is that it starts a new 5 year route (2 x 2.5 year visas). Easier for them to stay on the route they are on and get 2 more extensions.

l m not sure if the 20 yes rule also.

The 20 year rule is not ILR. It is if you have been in the UK with no status, you get the 10 year route FLR(FP), 4 x 2.5 year visas.

Thanks for the advice will pass information to her.

Thanks again