10 year route qualifying period & tier 2 dependant visa

[Ilr10year123]

Based on information below could you please suggest if I can successfully apply for ILR based on 10 year route.

My immigration history:

1. Tier2 ICT Short-term Staff Migrant: 01/02/2013 to 01/09/2013 -
2. C-visit business visa: 03/01/2014 to 03/07/2014
3. Tier2 ICT Long-term Staff: 15/07/2014 to 16/07/2019
4. Tier 4 PBS dependent: 20/10/2019 to 01/02/2024

My current scenario includes 7 year old child born in UK and own house and 40 % tax payer category.
Please note in any of the above I have not been out of UK for 180 days at given time and not 540 days in total either.

Thanks in advance

[vinny]

2. C-visit business visa: 03/01/2014 to 03/07/2014

I suspect that they may try to exclude the above visit leave.

[Ilr10year123]

Thanks for your reply.
Do you reckon if worth proving/mentioning that I completed 10 years in January 2023 when C-Visit visa was not defined as visitor visa specifically(change in certain rules in April23).
It is just applying for ILR now.

[zimba]

Thanks for your reply.
Do you reckon if worth proving/mentioning that I completed 10 years in January 2023 when C-Visit visa was not defined as visitor visa specifically(change in certain rules in April23).
It is just applying for ILR now.

The new rules apply to any application made after April 2023. The fact that you accumulate the 10 years before the rule changes is not relevant

[vinny]

Do you reckon if worth proving/mentioning that I completed 10 years in January 2023

Actually, I agree that you may have an excellent point. I suspect it’s relevant to

276B.

The requirements to be met by an applicant for indefinite leave to remain on the ground of long residence in the United Kingdom are that:

• (i) (a) he has had at least 10 years continuous lawful residence in the United Kingdom.

[zimba]

The problem is that lawful residence referred to under paragraph 276B is subject to provisions of 276A which excludes time spent under Appendix V: Visitor (and possibly any visitor visa period ever ??)

Long residence in the United Kingdom
276A. For the purposes of paragraphs 276B to 276D.
.
.
(b) “lawful residence” means residence which is continuous residence pursuant to:
(i) existing leave to enter or remain, except this cannot include time with entry clearance or permission under Appendix V: Visitor, Appendix Short-term Student (English language), or Appendix Temporary work – Seasonal Worker; or
(ii) an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.

https://www.gov.uk/guidance/immigration ... ed-kingdom

[vinny]

Yes. But doesn’t the “has had” also refer to satisfying the requirements of these rules in the past, when different rules may apply?

[Ilr10year123]

Is there a possibility to get some clarification on this from home office?

[vinny]

Try a Freedom of Information request?

They had answered correctly, prior to 7.65’s confusions.

[Ilr10year123]

Many thanks for your help. Once I have heard back will update my case here.

[Ilr10year123]

Hi!
Thank you for your help earlier in my query.

I have 2 queries in regards to applying ILR for my wife next year under 10 year rule:

1. If her visa start date was 19 July 2014 but entered UK on 1st Sept 2014. When does her 10 year qualifying period start - July or Sept?

2. If she is my Tier2 dependent with visa valid till sept 2024 and if I apply for ILR in July2024, does she have to change her visa to ILR dependant or she can continue staying in UK as Tier2 dependant even after I am granted ILR?

[CR001]

1. If her visa start date was 19 July 2014 but entered UK on 1st Sept 2014. When does her 10 year qualifying period start - July or Sept?

Her qualifying period for ILR based on 10 years long residence starts from the date she ENTERED the UK.

2. If she is my Tier2 dependent with visa valid till sept 2024 and if I apply for ILR in July2024, does she have to change her visa to ILR dependant or she can continue staying in UK as Tier2 dependant even after I am granted ILR?

No, she can continue on her visa until she qualifies for ILR.

[Ilr10year123]

1. Adding to the first query - she was my dependant tier2 ICT dependant.

[vinny]

Is there a possibility to get some clarification on this from home office?

Changes.

[Ilr10year123]

Hi Vinny

Thanks for pointing me to changes.
Could you help clarify if this would mean I am eligible to apply for ILR route and c-visit visa granted for 2014 won’t be considered as visitor any more.

[Ilr10year123]

Hi Vinny

Thanks for pointing me to changes.
Could you help clarify if this would mean I am eligible to apply for ILR route and c-visit visa granted for 2014 won’t be considered as visitor any more.

Also I have update on my situation and your advice would be helpful:
I have switched now to skilled worker visa valid till Oct 2024 to allow me complete 10 years in May to exclude c-visit but if above scenario is true I will apply immediately for ILR. My query is will my dependants have any effect - skilled worker dependants if my status changes to ILR as they won’t be eligible for ILR until September.