applying for ILR on grounds of completing Discretionary leave

[Farah2021]

Hi,

This is the 4th time I have received my FLR It says Following a continuous period of lawful leave to remain in the UK of at least ten years (120 months), and subject to meeting the requirements of the Immigration Rules at the time, you may be eligible to apply for indefinite leave to remain in the UK.

"You must apply before the end of your authorised stay in the UK, but not more than 28 days before completing that period. If you apply earlier than that, your application may be refused".

My 10 years at completing in July 20 22 120 months completed I want to apply ilr so that after 1 year I can apply for british citizenship. The problem is that it says above my application may be refused if I apply earlier than application expires my FLR doesn't end until Jan 2024 that means I have to wait another 2 years to apply for ilr is that true? Also prices increase every year I really wanted to apply for ILR in July 2022 and not after 2 years.

Any help around this?

[secret.simon]

You can apply upto 28 days before the 10th anniversary of the start of your legal residence in the UK.

You do not need to wait for your current FLR to come to an end, but do need to have resided in the UK for 10 continuous years with no single absence longer than 180 days and total absences not exceeding 540 days in the entire 10 years period.

[Farah2021]

Thank you for your reply, my 10 years 120months of continuous period will be completed on 14th July 2022 I was granted leave to remain on 14th July 2012. I would have lived here for continues period by that date. Will I be able to apply from 15th August 2022 for ilr although my current FLR do not end until January 2024?

Because it says on the letter from them "You must apply before the end of your authorised stay in the UK, but not more than 28 days before completing that period. If you apply earlier than that, your application may be refused."

I just don't want to end up applying for ilr and be refused for applying earlier than current leave expires I don't want to wait another 2 years to apply for ilr because the prices are getting high each other for ilr also longer wait to apply for british citizenship. I'm quite worried since I received their letter this paragraph have confused me.

Many thanks,

[secret.simon]

I was granted leave to remain on 14th July 2012.

For long residence, your clock starts on the day of your arrival in the UK after you were granted leave. After you were granted your visa, when did you arrive in the UK?

[Farah2021]

I came in July 2002 but the case was ongoing I was granted leave to remain in July 2012 they were divided 30 months visa each time on the basis of private route family 10year. My 10 years will complete by July 2022 I was hoping to apply for Ilr end of July 2022.

[Farah2021]

Good evening,

I have completed 10 years in july 2022 we were granted discretionary leave after july 2012 (10 year route) My current FLR expires in Jan 2024. I have two questions:

1. Will my ILR application refuse if I apply earlier ( I want to apply now for ILR) than my existing FLR expires usually within 28 days you apply but I have a valid visa until FLR expires in jan 2024.
2. Which ILR application form from GOV.uk I need to apply under for the category of discretionary leave to remain 10 year partner route.

I would really appreciate your response.

Please help

Kind regards,

Farah

[zimba]

1. Simon answered this above when you asked the same question in 2021. Your visa expiry is irrelevant for ILR
2. Use form SET(LR) https://visas-immigration.service.gov.uk/product/set-lr