While in Asylum process can We apply for settlement once we complete 10 years?

[7077]

Hi,
I came to this country as a student in July 2009. I have completed my degree and masters in UK. My husband came to UK In November 2009. We both came here not together and two different times to secure our lives because my husband had issues in back home and he was tortured. we got valid visas till August 2016. But afterwards all our applications (applied 2 times/flrp) were refused without appeal rights. Both times our JR applications were refused too. We both going for reporting every 6 months time. My husband claimed Asylum in 2018 September and done the screening interviews. In February HO asked us to do biometric (asl 4501) and still my husband is waiting for the main interview. My question is as I am completing my 10 years soon, is there any possibility for me to apply for settlement once I am complete my 10 years. Unfortunately we don’t have kids due to my medical problems. Please help me. We are in a very bad & stressful situation. Thank you

[Frontier Mole]

10 years ILR only applies if you have 10 years lawful residency- you have had refusals therefore your lawful residence finished at that point.

JR’s are outside the appeal process and the time under JR does not count towards the 10 years.

[7077]

Thank you

[Nj2016]

You may be eligible under Appendix FM Section 1.0b published on 23 January 2019. This guidance seems to be a hope/opportunity for overstayers and illegal migrants for submission of an application to peruse 10 years route. Not sure whether you have to withdraw your husband's Asylam application and apply a new application on FLR(fp)

[7077]

Thank you . Can I apply without withdrawing my husband’s application. Please help me.

[Frontier Mole]

You are not eligible for the 10 year route under your circumstances as your lawful residency stopped at the point of your first refusal. The rules have not changed in any degree that would benefit unlawful residency.

[Frontier Mole]

Your only hope is through the asylum claim, which will almost certainly fail because if there was any merit to the claim he would have claimed asylum on arrival to the UK or at anytime before FLR FP etc.
It is a last ditch attempt to remain, I understand that but it is nothing more than giving you some more time in the UK. It is not adding to lawful residency and it will not change the end position that the Home Office will still seek to remove you to your home country.

It is a well known and abused route, be wary that at a signing on day you will be served the refusal and detained simultaneously for removal. Your solicitor will have probably discussed this and the need to issue a JR.

As for seeking to apply for FLR as the other post suggests, if you were to do that you would have to abandon the asylum claim.

[7077]

Though we haven’t claimed the Asylum that time we mentioned all our threats and difficulties. There was a reason why we didn’t claim it and sorry I cannot publish it here. Btw thank you.

[7077]

Hi,

Today my husband received a letter from HO to fill PIQ. In the same letter they offered him to apply for Private life (been 10 years in this country) if we don’t want to continue our Asylum case. Does anyone have any experience in this regards. Please advise.