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Do undocumented years spent in the UK count towards ILR?

Posted: Sat Sep 10, 2022 6:01 pm
by mmoss94
Hello :)

I am originally from America. I moved to the UK when I was 14 on a tier 2 visa (My mother had a work visa).
I am now 27 and I am married to a British citizen, we have 3 children (aged 10, 5, and 2). I also do not qualify to pass my US citizenship to my children.
I was left undocumented for a number of years, from December 2012 to April 2017.
I am currently on a 10-year route spouse visa which was first granted to me in April 2017. So, I have been on this current visa for 5 years.
I was reading the qualifications for applying for ILR on my spouse visa. It states time spent on other visas, or time in the UK can count towards the 10-year time requirement for ILR.
So, my question is, can I count the time I was on my original visa and the time spent undocumented as the time I have spent in the UK? This would mean I have been in the UK for almost 13 years.
Or do I have to start the clock from April 2017?

Thank you.

Re: Do undocumented years spent in the UK count towards ILR?

Posted: Sat Sep 10, 2022 6:18 pm
by CR001
Time spent in the UK with legal visa status does NOT count. For ILR based on 10 years long residence, you requirement 10 years of legal stay/residence.

Your time starts from April 2017.