Immigrationboards.com

Dear members,

I'm a little confused and need some assistance in understanding the ILR eligibilty for my dad.

My dad has been granted a period of 30 months limited leave to remain on the 10 year partner route.

History:

1st time: 30 SEP 2013
2nd time: 18 JUL 2016
3rd time: 07 FEB 2019
4th time: 21 JUL 2022

Granted under rules on the letters

Limited leave to remain as Partner was considered

Consideration was given under paragraphs R-LTRP.1.1 (a), (b) and (d) of Appendix FM which include the exception paragraphs EX.1 (a) and (b)

Because of particular circumstances, you have been granted leave within the immirgration rules under D-LTRP.1.2 of Appendix FM

Queries
1. It will be 10 years on 30 SEP 2023. Is my Dad now eligible to apply for Indefinite Leave to Remain (ILR) from this date (next week)?

2. Whilst I was looking around I have come accross few different application forms to apply ILR that are a very confusing, which one of these would be the right in my dads case?
(a). Apply to settle in the UK – long residence: https://visas-immigration.service.gov.u ... 1643224633
(b). Apply to settle in the UK – Private Life: https://visas-immigration.service.gov.u ... 1695146551
(c). Apply to settle in the UK – partner and parent applications: https://visas-immigration.service.gov.u ... 1695146551
(d). Apply to extend your stay or apply for indefinite leave to remain if your asylum claim has been refused and you have been given discretionary leave: https://visas-immigration.service.gov.u ... 1643224633

Please let me know in case i have the missed the correct form. There are so many forms causing confusion

Thank you.

If your father has resided in the UK legally for ten continuous years, he can apply for ILR based on Long Residence at least. Others may advise if he is also eligible under any of the other pathways listed.

zagoo2000 wrote: ↑

Sat Sep 23, 2023 2:46 pm

(a). Apply to settle in the UK – long residence: https://visas-immigration.service.gov.u ... 1643224633

Thanks for the reply.

But this form states to use the other one instead isnt it?

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. You must instead apply using the form Apply to settle in the UK - Partner of a person or parent of a child already settled in the UK.

zagoo2000 wrote: ↑

Sun Sep 24, 2023 1:45 pm

Thanks for the reply.

But this form states to use the other one instead isnt it?

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. You must instead apply using the form Apply to settle in the UK - Partner of a person or parent of a child already settled in the UK.

The form is not based on your personal circumstances. You use the relevant ILR form based on the immigration route/path you are intending to qualify under

zimba wrote: ↑

Sun Sep 24, 2023 9:30 pm

The form is not based on your personal circumstances. You use the relevant ILR form based on the immigration route/path you are intending to qualify under

Hi zimba, thats the confusion as I don't know which form that i qualify for.

Also, what about my first question, will my dad be eligible next week?

Thank you.

Again that depends on which route he wants to apply under. For the family route it will be SET(M) and for long-term residence it will be SET(LR). So it is up to you.

10 years of visa under family route, it is SET(M) it is Adult Settlement form
10 years of visa even under different visas, it is SET(LR)

zimba wrote: ↑

Mon Sep 25, 2023 5:36 pm

Again that depends on which route he wants to apply under. For the family route it will be SET(M) and for long-term residence it will be SET(LR). So it is up to you.

10 years of visa under family route, it is SET(M)
10 years of visa even under different visas, it is SET(LR)

Hi zimba, are you saying he is eligible for both routes?

He had his 4 extensions of limited leave to remain based on FLR (FP) 10 year partner route though. So which form should it be?

Sorry, just don't want to submit the wrong form and waste any money. Hence, the confusion in different form options. Because every form link that i shared in the original message states not to use if you are not qualified for it.

Thank you.

Either form can be used. I suggest SET(LR)

zimba wrote: ↑

Mon Sep 25, 2023 5:52 pm

Either form can be used. I suggest SET(LR)

Apply to settle in the UK – long residence: https://visas-immigration.service.gov.u ... 1643224633

So confusing.. the SET(LR) form that you are suggesting states...
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.

Based on the above i shouldn't be using this form

For the long residence, the current visa you are on does NOT matter.
That note is there so that people who STRICTLY want to apply under the family route do not use this form by mistake. e.g. people under 5 year family route

That does NOT mean people holding family visas somehow cannot apply under the long residence, that would be silly

zimba wrote: ↑

Mon Sep 25, 2023 6:32 pm

For the long residence, the current visa you are on does NOT matter.
That note is there so that people who STRICTLY want to apply under the family route do not use this form by mistake. e.g. people under 5 year family route

That does NOT mean people holding family visas somehow cannot apply under the long residence, that would be silly

Hi zimba,

Apply to settle in the UK - Partner of a person or parent of a child already settled in the UK: https://visas-immigration.service.gov.uk/product/set-m
states...
You should only use this form if your:
- current leave to remain is as the partner of a British citizen, settled person, or person with refugee leave or humanitarian protection and that leave is on the 5 year route and you have completed at least 5 years with leave on that route.
- current leave to remain is as the parent of a child present and settled in the UK on the 5 year route and you have completed at least 5 years with leave on that route.

So, to be on a safe side wouldn't it be best to use this form?
(c). Apply to settle in the UK – partner and parent applications: https://visas-immigration.service.gov.u ... 1695146551
states...
Use this form to apply to settle in the UK if you:
- are the partner of someone who has or had permission on the Innovator route, has refugee status, or humanitarian protection. They must either be applying for settlement at the same time as you or have already settled in the UK.
- have permission to stay as a partner or parent (or a combination of the two) on the family route and are eligible to settle in the UK after a qualifying period of 10 years.

thank you.

I cannot repeat myself over and over. As I pointed out, you apply using a form based on the ILR route you want to qualify under and NOT necessarily the visa type you are currently holding. Your dad can use either form.

Please excuse if I'm failing to understand you or because the information supplied is still confusing.

Based on what i have read, i believe my Dad is NOT eligible to apply on any of these below based on what the application requirement states. I have highlighted them in red.

Not Eligible

• 10 years of visa under family route, it is SET(M): https://visas-immigration.service.gov.uk/product/set-m

Do not use this form if: your current leave to remain is as a partner or parent on the 10 year family route.

• 10 years of visa even under different visas, it is SET(LR): https://visas-immigration.service.gov.u ... 1643224633

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.

• Apply to settle in the UK – Private Life: https://visas-immigration.service.gov.u ... 1695146551

Do not use this form if: you have lived in the UK lawfully for 10 years continuously and now want to apply to settle in the UK on the basis of long residence

• Apply to extend your stay or apply for indefinite leave to remain if your asylum claim has been refused and you have been given discretionary leave: https://visas-immigration.service.gov.u ... 1643224633

Use this form if you are already in the UK, to apply to extend your stay or apply for indefinite leave to remain if your asylum claim has been refused but you have been given 'discretionary leave outside the rules' to stay in the UK for a limited period of time.

Eligible

• Apply to settle in the UK – partner and parent applications: https://visas-immigration.service.gov.u ... 1695146551

Use this form to apply to settle in the UK if you: have permission to stay as a partner or parent (or a combination of the two) on the family route and are eligible to settle in the UK after a qualifying period of 10 years.

• Guidance: Indefinite leave to remain if you have family in the UK: https://www.gov.uk/indefinite-leave-to- ... amily-visa

• Apply online: You must apply online. The form you use depends if you’re on the:
  - 5 or 2 year route
  - 10 year route

So the only option i can find that matches my Dad's requirement from FLR (FP) to Indefinite Leave to Remain is this form.

Does this make sense now? Excuse my understanding as I want to be 100% certain about what I'm applying for and that it matches the requirement.

Please let me know which of the above is wrong and share the correct ruling, which matches my Dad's scenario.

Thank you again.

It seems that SET(M) is no longer used for the 10-year family route since changes in 2022, so the Adult Settlement form is used which you identified. SET(LR) is the other option as I explained above as your dad's current visa route is irrelevant. SET(LR) can be used by ANYONE under ANY route to apply under the long residence. You are wrong that your Dad cannot use SET(LR) form for his ILR

I will be compiling and publishing a guide on all the ILR forms and the relevant routes in separate post as this seems to be the source of confusion for many

The Immigration Rules Appendix Settlement Family Life confirms

Alternatively, partners, parents and their dependent children may qualify for settlement on the basis of 10 years Long Residence in the UK, under paragraphs 276A to 276D or 298 of the rules.

A Guidance cannot be more restrictive than the Rules.

Forms.

vinny wrote: ↑

Tue Sep 26, 2023 7:44 pm

The Immigration Rules Appendix Settlement Family Life confirms

Alternatively, partners, parents and their dependent children may qualify for settlement on the basis of 10 years Long Residence in the UK, under paragraphs 276A to 276D or 298 of the rules.

A Guidance cannot be more restrictive than the Rules.

Forms.

Hi vinny, your Forms. is pointing to the same 'Eligible' application form that i shared in my previous message. So that make sense.

• Apply to settle in the UK – partner and parent applications: https://visas-immigration.service.gov.u ... t-relative

So guessing that would be form to fill then yes?

Also, are you able to confirm if my Dad is eligible to apply too as he will complete his 10 years partner route FLR (FP) on 30/09/2023.

Thank you.

Vinny is confirming what I noted. Both forms can be used and both routes to ILR are possible

Hi zimba,

I believe you meant these below routes are acceptable for ILR from FLR (FP) 10 year partner route, which vinny also confirmed.

• Apply to settle in the UK – long residence: https://visas-immigration.service.gov.uk/product/set-lr

• Apply to settle in the UK – partner and parent applications: https://visas-immigration.service.gov.u ... t-relative

and not the SET (M) you said in you previous messages, right?

• 10 years of visa under family route, it is SET(M): https://visas-immigration.service.gov.uk/product/set-m

Thank you so much for clarification.

Correct. Ignore SET(M) as things have changed recently

zimba wrote: ↑

Wed Sep 27, 2023 11:25 am

Correct. Ignore SET(M) as things have changed recently

Perfect!

vinny wrote: ↑

Tue Sep 26, 2023 7:44 pm

The Immigration Rules Appendix Settlement Family Life confirms

Alternatively, partners, parents and their dependent children may qualify for settlement on the basis of 10 years Long Residence in the UK, under paragraphs 276A to 276D or 298 of the rules.

A Guidance cannot be more restrictive than the Rules.

Forms.

Thank you both clarifying and confirming

My Dad is filling this form now:

• Apply to settle in the UK – partner and parent applications: https://visas-immigration.service.gov.u ... t-relative

Please lastly, based on what i read, am I right in understanding that the he is actually now eligible to apply for ILR, yes? I didn't get this question answered.

History:
1st time: 30 SEP 2013
2nd time: 18 JUL 2016
3rd time: 07 FEB 2019
4th time: 21 JUL 2022

Thank you so much!

Yes, he seems to have 10 years of lawful residence

Thank you very much .

Dear all,

My dad is on FLR(FP) 10 year partner route and he is eligible to apply for Indefinite Leave to Remain on the basis of 10 year lawful long residence.

We have completed his ILR SET(LR) application. However, we only see standard service option on the payment page. We are trying it for few days to see if it changes by UKVICAS. But it still the same.

We are expecting 5-day Prioirty Serive or the Nexy-day Super Priority Service to appear on the page too.

Any suggestion when would these services by available.

Thank you for your support.

Thanks CR001. I have looked at the info and the link attached.

Link: https://www.gov.uk/faster-decision-visa ... ide-the-uk

Application to settle if you’ve been in the UK legally for 10 continuous years (known as ‘long residence’)
- UKVCAS appointment: within 5 working days - No
- UKVCAS appointment: next working day - Yes
- ID app: within 5 working days - No

My question was related to Priority Service (5-day) and Super Priority Service (next-day) availability. I have looked at the link attached and the 5-day service says 'No'.

does it mean:
- 5-day service for this application is currently not available and will be available later
or
- 5-day service for this application is just not applicable

also,
- next-day service for this application is currently available and will not be available later
or
- next-day service for this application is applicable

Thank you so much in advance for clarifying.