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I need clarification on eligibility date for the ILR application submission, under the UK legal resident for 10 years (Long Residence) rule

Brief description of me & my visa status.
1. I moved to the UK on the 3rd Aug. 2010 (UK date of Entry), on Tier 2 ICT visa with validity starting 23rd July 2010. I have been in London throughout this period.
2. Visa got extended a couple of times with the same company (there are no breaks in between), and the current visa expires on the 30th June 2020.which is just short of exact 10 years

The question now is that can I apply for the ILR before the expiry of the current visa or do I need to go for another extension?

On the government website https://www.gov.uk/long-residence/eligibility

it is mentioned that the 10-year qualifying period starts from either:
1. when you arrived in the UK with a visa
2. When you were given permission to stay in the UK

So if I go by the point 2 above since I had permission to stay in the UK from 23rd July 2010, & we can apply 28 days prior to the completion of 10 years, which means that I can apply for the ILR between 25th & 30th June 2020,

Looking forward to your clarification.

sandeepdabas wrote: ↑

Fri Nov 08, 2019 2:32 pm

On the government website https://www.gov.uk/long-residence/eligibility

it is mentioned that the 10-year qualifying period starts from either:
1. when you arrived in the UK with a visa
2. When you were given permission to stay in the UK

The website is by definition general. The latter option is for people who were in the UK illegally and then acquired permission to stay in the UK.

To apply for ILR (LR), you are required to have 10 years lawful residence in the UK and residence can only have started when you arrived in the UK.

Your 10 year residence started on 3rd Aug. 2010. Therefore you can apply for ILR(LR) on 3rd Aug. 2020 -28 days, so 6th July 2020 or later.

Point 2 will not apply to you if you are going for ILR long Residency.

For ILR LR the date you enter the UK is the date you need to calculate your 10 years from.

In relation to the eligibility:

You entered 03rd August 2010 so you can apply 28 days before your eligibility but off-course your visa expiring on 30th June 2020.

You can apply for ILR LR on 30th June 2020 and book your appointment after 34 days and you'll be eligible for ILR LR on the day of decision. You'll be fine.

Thanks.

But tell me if my Visa expires on 30th June and I take an appointment after 34 days, will it not count as an overstay.

Apply for an extension of your existing visa a few days before your visa expires and then vary the application to ILR(LR) when you are eligible.

sandeepdabas wrote: ↑

Fri Nov 08, 2019 3:27 pm

Thanks.

But tell me if my Visa expires on 30th June and I take an appointment after 34 days, will it not count as an overstay.

You will not be an over stayer as you are going to file the application by 30th June.

secret.simon wrote: ↑

Fri Nov 08, 2019 3:37 pm

Apply for an extension of your existing visa a few days before your visa expires and then vary the application to ILR(LR) when you are eligible.

It is also an option but the immigration rules state that you will be granted ILR if you qualify for ILR on the day/date of the decision.

Being an overstayer at any time will adversely impact any future naturalisation application for 10 years.

I would suggest that the OP not consider any course of action that would intentionally make them an overstayer.

If Op is going to file the application by 30th June for ILR, he/she will not be an overstayer.

Once application is filed, OP simply needs to book an appointment with in 45 days for biometrics. So they should book the appointment on or after 3rd August.

So when the case worker makes the decision, OP will be eligible for ILR on the date of decision (as stated in Immigration rules).