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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Nafsul
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by Nafsul » Sun Apr 16, 2023 7:56 am
Hi,
Thank you in advance for your advice.
I am a British citizen ( got it through 10 year long residence as a student)
My wife and daughter joined me in UK in 2014 February. Their first 2 and half years visas were under outside rules ( leave to enter), next 2 and half years were under 5 year route, following 2 and half years were put on under 10 year route. Currently they are on 5 year route. To summarise they will be lawfully living in in UK for 10 years continuously by February 2024.
My question is, can they both apply for IR under long residence route in February 2024 or should they go for 10 year dependent route please?
If they can apply under long residence route, having had different visas, is this an issue?
Much appreciated for your help. Thank you
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Nafsul
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by Nafsul » Sun Apr 16, 2023 8:05 am
Apply to settle in the UK – long residence
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.
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.
I am getting bit confused with above on the government page where it is asking to use a different application form. Does this mean my and daughter cannot apply under Long Residence please?
Thanks again.
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CR001
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by CR001 » Sun Apr 16, 2023 10:09 am
They can both apply individually on their own forms for long residence ILR if they meet the requirements individually.
I have split your posts to your own topic. Please do not tag your questions onto other members topics, it is considered rude and unfair to other users.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
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Nafsul
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by Nafsul » Sun Apr 16, 2023 11:12 am
Thank you so much, sorry was struggling to send my own post. In regard to the above I found on the pre application page, does it apply to my wife and child please? Sorry it was bit confusing, thanks again.
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CR001
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by CR001 » Sun Apr 16, 2023 11:26 am
If they meet the requirements for Long Residence, ignore the information that does NOT apply to them, ie family route 5 years.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
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Nafsul
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by Nafsul » Tue Apr 18, 2023 11:45 am
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Nafsul
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by Nafsul » Tue Apr 18, 2023 11:53 am
Hi, sorry I have another question. As I mentioned on my initial post, my wife and daughter has been on different routes during 10 years : outside rules route to enter/ 5 year route/ 10 year route / currently on 5 year route again. They will complete 10 year lawful continuous stay in UK by February 2024.
Let's say there was no long residence route, would they still be able to apply under 10 year family route in February 2024 even though they have been on different routes during the 10 years?
Many thanks.
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zimba
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by zimba » Tue Apr 18, 2023 1:23 pm
For ILR they need to spend 120 months under family rules. There are other paths to ILR under private life, including the long residence
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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Nafsul
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by Nafsul » Tue Apr 18, 2023 9:52 pm
My question is regarding the 10 year dependent route ( sorry not the 5 year route)
Can 10 year dependent route include combination of both 5 year and 10 year route visas please during the 10 years?
Suppose there is no long residence route, I just want to confirm at least if I can apply under 10 year dependent route.
My wife's 10 year residence has included comilbination of visas under outside rules, 5 year route and 10 year route.
Thanks again.
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meself2
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by meself2 » Tue Apr 18, 2023 9:54 pm
Nafsul wrote: ↑Tue Apr 18, 2023 9:52 pm
My question is regarding the 10 year dependent route ( sorry not the 5 year route)
Can 10 year dependent route include combination of both 5 year and 10 year route visas please during the 10 years?
Suppose there is no long residence route, I just want to confirm at least if I can apply under 10 year dependent route.
My wife's 10 year residence has included comilbination of visas under outside rules, 5 year route and 10 year route.
Thanks again.
If there's no long residence - no, it has to be 10 years on 10 year route.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.
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Nafsul
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by Nafsul » Tue Apr 18, 2023 11:46 pm
Thank you.
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Nafsul
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by Nafsul » Tue Jan 02, 2024 9:40 pm
Hi,
Thank you all for your help.
My daughter who is 12 now and I came to UK in 2014 February on spouse / dependent visa ( my husband is British) under outside rules.
In 2016 we applied for further leave to remain under 5 year route and granted
We accidently applied for ILR too early in 2018 and were put on 10 year route. ( I did Trinity B1 test and life in the UK test because we were applying for ILR)
After 2.5 years we applied again under 5 year route and it was granted.
Next month both myself and daughter are completing 10 year unbroken long residence.
My question is, first of all if we both would be able to apply for ILR under 10 year long residence route next month (February 2024) and if so, CAN I still use the expired Trinity B1 TEST WHICH I DID IN 2018.- PLEASE NOTE I only needed Trinity A2 level pass at that point but because we applied for ILR, I did Trinity B1 test for that purpose.
So I am not sure If I need to do B1 test again for safe side. ( I understand I could have used an expired B1 test if I had used it for a previous successful application but my case is little different as I applied for ILR too early and were put on 10 year route instead)
Any help much appreciated guys!
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zimba
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by zimba » Wed Jan 03, 2024 2:24 am
Long residence SET(LR) can be applied individually.
Expired B1 test can be only used for ILR if:
• it’s on the current list of recognised tests (like Trinity)
• it was accepted for another UK immigration application, for example when you got permission to enter
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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Nafsul
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by Nafsul » Wed Jan 03, 2024 8:37 am
Thanks for your reply. So in my case, can I use my B1 certificate which I got in 2018 for a early ILR application where I was put on 10 year route instead please? Thanks again.
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Nafsul
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by Nafsul » Thu Jan 04, 2024 11:14 pm
Hi,
Could I kindly please get some advice whether I can re-use my B1 certificate for my ILR application. ( I initially submitted the B1 certificate for an early ILR application where I was put on 10 year route instead) Many thanks.
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AmazonianX
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by AmazonianX » Fri Jan 05, 2024 3:47 am
Nafsul wrote: ↑Thu Jan 04, 2024 11:14 pm
Hi,
Could I kindly please get some advice whether I can re-use my B1 certificate for my ILR application. ( I initially submitted the B1 certificate for an early ILR application where I was put on 10 year route instead) Many thanks.
Can be said to be reusable only if it was used previously for a successful application.
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Nafsul
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by Nafsul » Wed Jan 10, 2024 11:00 pm
Sorry guys, still unclear if I can use the expired certificate due to my specific situation as mentioned.
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alterhase58
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by alterhase58 » Wed Jan 10, 2024 11:04 pm
Nafsul wrote: ↑Wed Jan 10, 2024 11:00 pm
Sorry guys, still unclear if I can use the expired certificate due to my specific situation as mentioned.
Was the B1 required/accepted for a prior application?
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.
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Nafsul
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by Nafsul » Thu Jan 11, 2024 7:17 am
Hi,
I have re-posted my specific situation.
Thank you all for your help.
My daughter who is 12 now and I came to UK in 2014 February on spouse / dependent visa ( my husband is British) under outside rules.
In 2016 we applied for further leave to remain under 5 year route and granted
We accidently applied for ILR too early in 2018 and were put on 10 year route. ( I did Trinity B1 test and life in the UK test because we were applying for ILR)
After 2.5 years we applied again under 5 year route and it was granted.
Next month both myself and daughter are completing 10 year unbroken long residence.
My question is, first of all if we both would be able to apply for ILR under 10 year long residence route next month (February 2024) and if so, CAN I still use the expired Trinity B1 TEST WHICH I DID IN 2018.- PLEASE NOTE I only needed Trinity A2 level pass at that point but because we applied for ILR, I did Trinity B1 test for that purpose.
So I am not sure If I need to do B1 test again for safe side. ( I understand I could have used an expired B1 test if I had used it for a previous successful application but my case is little different as I applied for ILR too early and were put on 10 year route instead)
Any help much appreciated guys!
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zimba
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by zimba » Thu Jan 11, 2024 12:10 pm
Yes, you can apply for ILR under the long residence. I suggest to sit the test again
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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Nafsul
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by Nafsul » Thu Jan 11, 2024 8:08 pm
Thank you so much Zimba. Could you please advise me on the earliest date we can apply under long residence route via super priority service? My daughter and I came to UK on 17/02/2014. I don't want wrongly calculate the earliest date.
Could you please advise the exact date? I don't want to apply too early.
Thanks a lot!
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AmazonianX
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by AmazonianX » Fri Jan 12, 2024 4:26 am
You are eligible to apply 28days before completing the 10year period you are basing the eligibility on.
Using the date you gave, eligible to apply from 20th January 2024.
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Nafsul
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by Nafsul » Fri Jan 12, 2024 7:07 am
Thank you so much! Even if I decide to go for Super priority service can I still apply on 20/01/2024 please? Thanks a lot!
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Ticktack
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by Ticktack » Fri Jan 12, 2024 11:12 am
Nafsul wrote: ↑Fri Jan 12, 2024 7:07 am
Thank you so much! Even if I decide to go for Super priority service can I still apply on 20/01/2024 please? Thanks a lot!
Yeah, but note that the super priority isn't guaranteed either.
No sin in failing, you just have to try and try again!
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AmazonianX
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by AmazonianX » Fri Jan 12, 2024 12:54 pm
Nafsul wrote: ↑Fri Jan 12, 2024 7:07 am
Thank you so much! Even if I decide to go for Super priority service can I still apply on 20/01/2024 please? Thanks a lot!
Dependa on availability and capacity to accommodate such by caseworker at the time you seek it.
And as rightly said it is not guaranteed.