Am I Eligible for Indefinite Leave to Remain. please help

[joligolf]

Hello Everyone,
I have got discretionary leave to remain under art. 8 as I was married to a British citizen in UK in 2010 for 3 years, and another 3 years in 2013. My 6 years of discretionary leave to remain is finishing in August 2016. I and my wife had too much problems so we separated and later divorced in June 2015. I have a partner now who is a British citizen and we have a 1 year old daughter. What form do I need to use to apply for settlement? Will they give me indefinite leave to remain as before or 10 years visa as they are doing now? I have heard there is no more ILR and it is replaced by 10 years visa. Thanks. Please reply, Mike

[Casa]

You won't qualify for ILR as the spouse of a British citizen as you are no longer married. An FLR(FP) application may succeed, but this would be a new 10 year route to ILR.

[CR001]

I have heard there is no more ILR and it is replaced by 10 years visa.

Nonsense. Whoever told you this is telling lies. The ILR BRP card is valid for 10 years and has to be renewed like a drivers licence. It does not mean there is no more ILR.

[Casa]

Also for anyone querying the expiry of the ILR BP, with a 31 December 2024 validity date. This is due to a requirement by the EU to restrict BRPs which do not incorporate the next generation of encryption technology.
The HO also advise:
"Any BRP rightfully held on 01 July 2024 that is restricted will be replaced free of charge, with the balance of the 10 year period initially expected being issued on a new BRP.
This means that anyone who has paid a fee in expectation of receiving ten year evidence of settled status will still do so, but it will be spread over two BRPs."

However to the OP joligolf, in your case as previously advised, you don't yet qualify for ILR.

[joligolf]

Thanks for explaining my situation. I have also been a residence in the UK for the past 9 years . If I was given
the first 2.5 years of the 10 years route.
can I later apply for the ILR since i would have been the UK legally for 11 years.
thank you

[CR001]

If you reach 10 years legal stay and you meet all the requirements, you can apply for ILR based on 10 years long residence.