Immigrationboards.com

Hi All,

This is regarding how total 540 days is calculated for Long residence ILR (10 yrs route)

Is total 540 days (qualifying 10 yrs) is calculated from the date of ILR application backward or it is calculated 540 from the date of arrival into UK

The reason I am asking is In my case I am in UK from 12 years (Same visa category and no job breaks, paid tax all years) however I am applying for ILR (via long term residence) now however I have stayed more than 540 days in total in last 12 yrs.. But if you consider 540 from the date of application say from today I am well within the range.

How they calculate qualifying 10 yrs ,is it based on first date of arrival into UK or calculated 10 yrs from the date of application.

Can some experts on this clarify this to me.

Thanks in advance

It is actually based on neither of those dates. The long residence rules allow a person to get ILR if at any time in the past they had a 10-year lawful and continuous residence period in the UK. For most people, the start of such a period will be the date they entered the UK for the first time. However if you have had a longer period of stay in the UK, then you have the liberty of relying on any continuous 10-year period where you meet the eligibility requirements. So when such period is determined, the absence limit test will apply to it

Thank you Zimba for your reply and indeed it was much helpful.

Recently i contacted couple of Immigration solicitors to apply for ILR (SET:LR),they confirmed to me that from the date of application UK Visas & Immigration will consider 10 yrs. and if you have lived 10 yrs. of lawful residence in the past is not applicable. It could be possible as my scenario is one of the rare cases and immigration solicitors might not had chance to worked on such cases.



It would be kind enough if you can help me with a gov.uk link where this information confirming that - "you are eligible for ILR if you lived 10yrs of lawful residence in past or any given point of time"

Thank you,

276B(i)(a).

Moreover, it’s actually 548 days allowable absences.

Thanks Vinny

This is really really wonderful

How should i represent in my application that in past i had 10 yrs of lawful residence ...Is it in the form of covering letter or immigration team will understand this by default

I also found below quote in one of the solicitors website -solicitor weblink removed by moderator

"Also, for the purposes of 10 years long residence application, the 10 years period does not necessarily have to be last 10 years and it can be any continuous period of 10 years completed at any time in the past.'

Below is literally copied from the official guide. Many immigration solicitors display a great level of incompetence and in fact, we have seen many instances of them giving poor advice on the forum. This is why rushing to them is often a mistake:

Once an applicant has built up a period of 10 years’ continuous lawful residence,
there is no limit on the length of time afterwards when they can apply. This means
they could leave the UK, re-enter on any lawful basis, and apply for settlement from
within the UK based on a 10 year period of continuous lawful residence they built up
in the past. There is also nothing to prevent a person relying on a 10 year period that
they may have relied on in a previous application or grant.

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

You do not need a cover letter. You do not need to tell the UKVI about the rules in place.

Bingo

You are 1000 percent correct in stating this... Couple of solicitors whom i thought was good gave me wrong information.

Can i request you to PM me any solictor /firm throuh whom i can make an application and he is aware of this fact...

Thank you

tonybaker wrote: ↑

Fri Aug 19, 2022 11:39 am

Bingo

You are 1000 percent correct in stating this... Couple of solicitors whom i thought was good gave me wrong information.

Can i request you to PM me any solictor /firm throuh whom i can make an application and he is aware of this fact...

Thank you

We do not provide such recommendations. You do not need a solicitor in most cases

Hi Vinny ,Zimba

Thanks a Zillion for your details.

I challenged my solicitor saying that .e if I calculate 540 days from the date of application for a period of 10 years then you are trying to fix the 10 years of lawful residence from the date of application, if this is the case then it contradicts the below statements (mainly the 10 yrs of residence you built up in past loses its relevance) mentioned in the guideline document (Page 9)

1) There is no limit on the length of time afterwards when they can apply.
2) Apply for settlement from within the UK based on a 10 year period of continuous lawful residence they built up in the past.

My solicitor who earlier denied the details i told him ,finally checked the details with a barrister and he confirmed my details are correct.

Now i can apply for ILR (LR) at any time with in my current visa expiry date this year.

This particular forum is really very very good ,thanks to all the moderators for maintaining such an plethora of Immigration details.

Best Regards,

Hi

I am applying for ILR(LR) under 10yrs route.

At the payment part I am only shown standard service to choose and would like to book priority service (Same day result).

Many told to me they release few appointments in a day for 10yrs route. Does anyone know what BST time this window is open .I even stayed overnight a few times. but, this service is nowhere to be seen.

Earlier due to Ukrine issue this service was not available however this is reduced now.

Will it keep changing every day as a set pattern?

Thank you

Hi

From last 6 months, I am staying along with my friend in his rented flat which is registered in council & he is paying council tax & all utilities.

For 10 yrs. route ILR application in the Personal information Section you have to mention about your current address. [/size]

1) Is this fine for successful ILR approval, if i can mention my friend’s residential address (Flat) where I am living along with him as my current address for last 6 months?

2) Apart from bank statements (where I have registered this address), i don't have any other address proof.

3) I have all P60's from last 10 yrs, is this good enough instead of address proof .Additionally i am in same visa category, paid all income taxes all 10 yrs, no court orders, legally lived in UK with no visa changes, not lived more than 180 & 540 days outside UK

4) What are the list of address proof you need for 10 yrs. ILR route

Kindly request group members to guide me on the above question. Thanks in advance.

There is NO requirement to provided proof of address or P60s for ILR based on 10 years Long Residence

I merged the post from last year for context here. It seems the OP may be getting advice from solicitors which often means baseless advice without any grounds in the rules I am also not sure why he did not apply last year

Unfortunately, some solicitors need to justify their high fees and one way is to pretend that you need mountains of extra documents. Neither the guide on the long residence nor the rules mention any of this stuff

Thanks all for your responses.

I could not apply for ILR earlier due to financial constraints ,i am saving money every month now and i am almost there.

My Current Visa type is Tier-2 (ICT) Established Staff

Every year when I got my visa renewal ,the BRP card had the Type of Permit as – T2 ICT LONG TERM LE AVE TO REMAIN in the front of the BRP Card, however I noticed the current BRP has just has IC TRANSFER LEAVE TO REMAIN. My visa is almost coming to an end now and need to apply for ILR

I have the below questions
1) Do I need to get the VISA type in BRP card changed from IC TRANSFER LEAVE TO REMAIN TO T2 ICT LONG TERM LEAVE TO REMAIN or is the IC TRANSFER LEAVE TO REMAIN is the correct one.

2) is having visa type as IC TRANSFER LEAVE TO REMAIN will have any implications on my ILR if I apply

Can I give Royal mail PO BOX number as a address to receive the BRP card whilst applying for ILR. Since the BRP Delivery is signed one, is this right thing to do as there will not be anyone to sign and collect the BRP card.

If in case the BRP card not delivered to P.O.Box ,what is the other means of collecting it ? do we need to apply for duplicate one ?

If asked for suggestion Which is the best PO box to choose ,is Royal mail one ??

tonybaker wrote: ↑

Thu Jun 08, 2023 7:32 pm

1) Do I need to get the VISA type in BRP card changed from IC TRANSFER LEAVE TO REMAIN TO T2 ICT LONG TERM LEAVE TO REMAIN or is the IC TRANSFER LEAVE TO REMAIN is the correct one.

Tier 2 category does not exist - not sure how would you expect to get a BRP with such category.

tonybaker wrote: ↑

Thu Jun 08, 2023 7:32 pm

2) is having visa type as IC TRANSFER LEAVE TO REMAIN will have any implications on my ILR if I apply

It's fine, you're going via Long Residence.

Thank you ,

In 2021 still T2 ICT was there and only in 2022 they have merged all Visa category in Skilled Worker Visa.

My last BRP was issued in 2021 in that it is mentioned as IC TRANSFER LEAVE TO REMAIN ,instead of Tier 2 (ICT) Long Term Leave to Remain as this was the visa i have been given in 2012.

now i am requesting my company to extend my visa i might get for an year, once i get this in next 3 months i am applying for ILR going via Long term 10 yrs route . Do you think before applying my current Visa extension should i amend the BRP the visa category as Tier 2 (ICT) Long Term Leave to Remain in BRP ? please confirm.

tonybaker wrote: ↑

Thu Jun 08, 2023 7:41 pm

Can I give Royal mail PO BOX number as a address to receive the BRP card whilst applying for ILR. Since the BRP Delivery is signed one, is this right thing to do as there will not be anyone to sign and collect the BRP card.

If in case the BRP card not delivered to P.O.Box ,what is the other means of collecting it ? do we need to apply for duplicate one ?

If asked for suggestion Which is the best PO box to choose ,is Royal mail one ??

Topics merged again.

It needs to be a physical address, not a PO Box. It comes via courier, not Royal Mail post.

tonybaker wrote: ↑

Thu Jun 08, 2023 7:32 pm

My Current Visa type is Tier-2 (ICT) Established Staff

Every year when I got my visa renewal ,the BRP card had the Type of Permit as – T2 ICT LONG TERM LE AVE TO REMAIN in the front of the BRP Card, however I noticed the current BRP has just has IC TRANSFER LEAVE TO REMAIN. My visa is almost coming to an end now and need to apply for ILR

I have the below questions
1) Do I need to get the VISA type in BRP card changed from IC TRANSFER LEAVE TO REMAIN TO T2 ICT LONG TERM LEAVE TO REMAIN or is the IC TRANSFER LEAVE TO REMAIN is the correct one.

2) is having visa type as IC TRANSFER LEAVE TO REMAIN will have any implications on my ILR if I apply

There is NO Tier 2 visa anymore but the visa type on your BRP reflects what you were granted at the time of approval. It remains valid and you do NOT need to do anything regarding this and there are no implications

In the online application, when you apply for Visa extension or ILR there are 2 sections, Time spent outside UK & Travel History

1) Time spent outside UK – You need to mention when did you leave UK and when did you return back & purpose

2) Travel History – Which countries you travelled last 10 years ,you need to mention the date when did you enter & leave that country (to which you travelled)

For me both the sections look the same, can group members help me what is the specific purposes of these two sections? .Thank you

Topics merged again!!!

You persistently ignore the moderator requests to keep all questions in one topic. You have even ignored the official warning you have received about this.

You will now be placed on thin ice and if you disregard the forum rules again, you will be banned from the site permanently.

This is for Long residence ILR under 10years route & its approval purposes.

If you are on a company sponsored visa and stayed outside the UK in 10 years say nearly 400 days .Is there a requirement to show that the days you took off /away from UK should match the leave applied in company. Will there be a situation that you need to provide a letter from company justifying your leaves every year to home office ?

CR001 wrote: ↑

Sat Jun 10, 2023 7:19 pm

Topics merged again!!!

You persistently ignore the moderator requests to keep all questions in one topic. You have even ignored the official warning you have received about this.

You will now be placed on thin ice and if you disregard the forum rules again, you will be banned from the site permanently.

And you have just posted a new topic again,now merged!!!