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Eligibility for 10 year long residence route?

Posted: Tue Aug 31, 2021 12:04 pm
by String
Hello,

I am a British Citizen and currently looking into options for my wife's ILR application.

My wife has been in the country for over 10 years (nearly 5 of which has been a spouse visa with myself) before spouse, she was on visas which contributed to the 10 year route. Student and work visas.

For simplicity and as she is over the 10 year period right now... We are thinking of applying for the 10 year long residence route rather than waiting for the 5 year spouse route.

However we have come across a confusing statement on the front of the application which I would love clarification on if possible.

This would be the application - https://visas-immigration.service.gov.u ... 1630406441

And this is the statement.

"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."

In this context what does 'settled and currently living in the UK' mean? Does this mean that the partner is someone who has ILR as apposed to citizenship? OR does this apply to me as a British citizen also thereby disqualifying my wife from applying via this 10 year route?

I have seen the word 'settled' used to describe someone on ILR, but I'm worried its too vague and could apply to me as a citizen.

Any help is much appreciated.

Thankyou very much,
Joe

Re: Eligibility for 10 year long residence route?

Posted: Tue Aug 31, 2021 2:35 pm
by zimba
Settled status simply means that someone has ILR BUT does NOT have the right of abode in the UK which only British citizens have.

The statement you quoted is simply a note so that people who want to apply for ILR under the 5 year family route do not incorrectly use form SET(LR) to apply. It is worded in a confusing way.

FYI Your status has NO bearing on your wife's ILR application under the long residence. Under long residence, an applicant must apply on their own and qualify on their own. The fact that she is under family route is irrelevant