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10 year long residence

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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ras8990
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10 year long residence

Post by ras8990 » Thu Mar 21, 2019 5:06 pm

I hope this is posted in the right section of the forums.

I've basically been in the UK since Sept 2011. I will be eligible for long residence PR in Sept 2021.

My current PhD visa expires in Jan 2020. My husband will be eligible for PR (from the 5 year tier 2 visa route) in July / Aug 2020.

I will be eligible for a one-year doctoral extension scheme, however, was then planning to apply for a spousal visa after my husband applies for his PR.

Would the spousal visa reset my time in the UK to 'zero', and I would then have to wait for another 5 years? Or would it still contribute to my 10 year long residence route?

Ideally, I would apply for PR with my husband, however, it states a requirement to be that "they’ve been living in the UK with you for at least 2 years if they applied before 9 July 2012 or 5 years if they applied on or after 9 July 2012". My husband and I definitely haven't been living together for 5 years (nor have we been married for 5 years). Would my own time in the UK be counted as part of the 5 years? Or would we absolutely have to be sharing the same address for 5 years, for me to be eligible on the PR route with my husband?

Thank you!

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CR001
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Re: 10 year long residence

Post by CR001 » Thu Mar 21, 2019 5:13 pm

All visa count for long residence ILR. Switching to Huby dependent after he gets ILR only resets the 5 year ILR clock.

To apply with your husband the requirement is to hold a dependent visa for 5 years. Simply living here together is not sufficient.
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dan883
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Re: 10 year long residence

Post by dan883 » Thu Jun 13, 2019 9:56 am

CR001 wrote:
Thu Mar 21, 2019 5:13 pm
Switching to Huby dependent after he gets ILR only resets the 5 year ILR clock.
Hi CR001
Do you have any reference for this? I checked it with a renowned solicitor with paid appointment and he confirmed that the continuous residency does not break i.e. the clock does not reset even when switching to dependent.

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CR001
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Re: 10 year long residence

Post by CR001 » Thu Jun 13, 2019 10:02 am

dan883 wrote:
Thu Jun 13, 2019 9:56 am
CR001 wrote:
Thu Mar 21, 2019 5:13 pm
Switching to Huby dependent after he gets ILR only resets the 5 year ILR clock.
Hi CR001
Do you have any reference for this? I checked it with a renowned solicitor with paid appointment and he confirmed that the continuous residency does not break i.e. the clock does not reset even when switching to dependent.
You will note that I very clearly stated it is the 5 year ILR clock that gets reset and NOT the 10 year ILR clock.

For ILR based on 5 years, you need 5 years in one category of visa.
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dan883
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Re: 10 year long residence

Post by dan883 » Thu Jun 13, 2019 10:07 am

CR001 wrote:
Thu Mar 21, 2019 5:13 pm


You will note that I very clearly stated it is the 5 year ILR clock that gets reset and NOT the 10 year ILR clock.

For ILR based on 5 years, you need 5 years in one category of visa.


Thank you for your prompt reply. Appreciated.

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