Immigrationboards.com

Hello

Apologies to the admin if this is the wrong place for this but i have a question. I am about to apply for my ILR based on the 10 year (Long Residence) before now i was very confident that i had reached this mark but now i am not so sure. The reason is this, my post study work visa was issued on the 14/10/2010 but i was only able to physically enter the UK on the 25/01/2011. Am i eligible to apply now? Do i have to wait till 25/01/2021 before i apply? I was under the impression that my lawful residence would have started from my issue date (14/10/2010). like it says in the guidance:

Lawful residence is defined in paragraph 276A of the Immigration Rules as a period of continuous residence in which the applicant had one of the following:
• existing leave to enter or remain

Advise very much appreciated.

Thanks

Do NOT tag your questions onto other members topics. It is unfair to other users.

I am about to apply for my ILR based on the 10 year (Long Residence) before now i was very confident that i had reached this mark but now i am not so sure. The reason is this, my post study work visa was issued on the 14/10/2010 but i was only able to physically enter the UK on the 25/01/2011.

You don't qualify yet. Your residence qualifying period for ILR based on long residence starts from the date you ENTERED the UK and not your initial visa issue date.

Am i eligible to apply now?

No.

Do i have to wait till 25/01/2021 before i apply?

You can apply no sooner than within 28 days before the 10th anniversary of the date you entered the UK.

I was under the impression that my lawful residence would have started from my issue date (14/10/2010). like it says in the guidance:

Lawful residence is defined in paragraph 276A of the Immigration Rules as a period of continuous residence in which the applicant had one of the following:
• existing leave to enter or remain

Useful to post the link you are quoting form!!

Hi

Thanks for the quick response. Haven't used the board in a while hence the mistake. Accept my apologies. The link in question is the most recent amendment to the guidance (10/2019):

https://assets.publishing.service.gov.u ... 6.0ext.pdf

But i think waiting a couple of months wouldn't hurt. I have waited almost 10 years, 4 months more can't hurt.

You cannot apply now, it is too early. If you take the risk and it is refused, you lose your fees paid.

Initial entry date is the starting date.

Hello

Its me again, please could you glance at this:

https://assets.publishing.service.gov.u ... gov-uk.pdf

i would like your thoughts on this as it was published 06/2020 (this year) specifically page 10.

Thanks

dddkay wrote: ↑

Sat Sep 26, 2020 9:54 pm

Hello

Its me again, please could you glance at this:

https://assets.publishing.service.gov.u ... gov-uk.pdf

i would like your thoughts on this as it was published 06/2020 (this year) specifically page 10.

Thanks

That document is NOT relevant to ilr based in long residence. The document clearly states which ilr route categories it applies to, ie 5 years PBS routes, Ancestry visa etc and not long residnece.

Different ilr routes have different rules. There is no point reading about what applies to 5 year ilr as the same rules do not apply to ilr based on long residence.