Can I apply for ILR 10 year long residency now? please help.

[Thanks4YourHelp]

Hi there,

My case is briefly :

- Entered UK on 7/5/2014, initially on Spouse visa 5yr route.
- After the initial 2.5 yr, in 2017 I was late to renew my visa by 9 days because misplacement of passport.
- The application was granted for another 2.5 year extension but I was placed on 10 year route then.
- Further renewals were successfully done in 2020 and 2022 under FLR M route.
- My current Leave to Remain is valid untill 24/5/2025.

So from 7/4/2014 to 7/4/2024, it is running 10 years. I am happily with my wife who is British citizen and has recently passed Life In the UK Test and has got Degree Certificate from a known UK University.

Please advise if I can apply for ILR under the long 10 year residency rule now? Or do I have to wait until I fulfill 10 year partner route, without counting the initial 2.5 years on 5 yr route?

If I apply for ILR under 10 yr long residency now, will my gap of 9 days without Leave to Remain in 2017 affect my application? My solicitor says if the gap of 9 days is less than 14 and should be fine. Could you shed more light on this please.

Many many thanks for your selfless help to sort our problems. I could not thank you guys more enough.

Kind regards

[Thanks4YourHelp]

plus - I have never been outside UK since 2014 except a 2 week holiday abroad last summer in 2023.
I have a 7yr son born in UK with my wife.

My solicitor says that I might be eligible for ILR under partner 5 yr route since 2017. But since Home Office put me on 10 yr route in 2017, I have never thought that I can switch back on the 5 yr route? Can this be possible? My visa renewals in 2020 and 2022 were all done under Partner (FLR M) route. Does it get to 5yr partner route automatically or do I have to have a specific letter from Home Office stating this?

Thank you so so ever much for your kind help. Much appreciations.

[vinny]

They should have disregarded the 9 days overstay, if you had made a FLR(M) application and satisfied all the normal requirements under the 5-year route and provided a good reason for the delay of the FLR(M) application.

If they placed you on the 10 year route, then your qualifying period for ILR under the 5-year route was broken. To get back on a fresh 5 year route, you had to make a specific FLR(M) application. But the 5-year would reset from this FLR(M) grant.

If I apply for ILR under 10 yr long residency now, will my gap of 9 days without Leave to Remain in 2017 affect my application? My solicitor says if the gap of 9 days is less than 14 and should be fine. Could you shed more light on this please.

Yes, under 276B(v)(b), a previous gap of less than 14 days should be fine.

[Thanks4YourHelp]

Thank you so much Vinny for your kind response. It is so reassuring that there are someone like you to help people like me when everything seems confusing and difficult.

To follow up, my arrival date in the UK is 7/5/2014 and by 7/5/2024 I add up the 10 year long residency. Therefore, subtracting 28 days from 7/5/2024, which is 10/04/2024, can I submit my ILR application on this date (10/04/2024) ?

On Home Office website for ILR, I found two application forms, SET LR and SET M, could any Gurus here confirm me the correct Application form please.

Some solicitors are saying that there is going to be rule change after 11/04/2024, though they are not specific and i didn't find anything particular that might negatively affect my application. If someone can shed some lights on this would be much appreciated as well.

Finally, please let me know if I have to be aware of any new requirements to qualify for ILR under 10 yr long residency. I have done my Life in the UK test and passed it, I have done a Bachelor Degree from a UK University as prove of my English and in the last 10 years, I have only gone outside UK for 2 weeks last summer.

Thank you guys so much for taking your time and selflessly helping others. My prayers for your wellbeing and happiness.

[AmazonianX]

SET LR

[Thanks4YourHelp]

Hi all advisers and gurus here,

I was filling up the application form yesterday and it asked about How many years lived in the UK. I simply put 10 yrs roughly. Do I have to be exact?

My arrival date is 7/5/2014 and by 7/5/2024 I made 10 years long residency. I am submitting my application on 10/04/2024, within 28 days before. So what exactly should I put for the How Long have YOu lived in the UK QUESTION please?

Correct me if my date of 10/04/2024 is not the right date to submit my application.
Thank you so much. Good day!!

[AmazonianX]

Hi all advisers and gurus here,

I was filling up the application form yesterday and it asked about How many years lived in the UK. I simply put 10 yrs roughly. Do I have to be exact?

My arrival date is 7/5/2014 and by 7/5/2024 I made 10 years long residency. I am submitting my application on 10/04/2024, within 28 days before. So what exactly should I put for the How Long have YOu lived in the UK QUESTION please?

Correct me if my date of 10/04/2024 is not the right date to submit my application.
Thank you so much. Good day!!

It does not have to be exact date eg, 4yrs 11months inputted in forms on 5year route and successful outcome

[Thanks4YourHelp]

Thanks Amazonian for your kind response.

Two more questions please...

1) As mentioned above initially I came on Spouse visa 5 yr route. But in 2017, i misplaced my passport and overstayed by 9 days. Found passport and submitted renewal application which was granted but i was then put on 10 year route. Successfully renewed my VISA IN 2020 and 2022.
So for my ILR long residency application, do I have to add 9 days extra to make 10 year or add all the days from the expiry date in 2017 to till the visa granted in 2017? Bit confused.

Or as many are saying, 9 days of over stay is less than 14 days and it would not be a problem and will be ignored. Is this correct??

Please if anyone can shed light on this will be much appreciated. Many thanks

[vinny]

Under the new rules, have to add 9 days extra to make up 10 years.

[Thanks4YourHelp]

Thanks Vinny for your kind response. Much appreciated.

I am writing a cover letter for my applicaiton. In it, should I mention about the 9 days over stay in 2017?
Also in the application form itself, I didn't had to mention it as there are no options. I presume Home Office would know from the system on me. Is it necessary to mention this 9 days over stay?

Also, my arrival date is 7/5/2014 and by 7/5/2024 I made up 10 year residency. However overstayed 9 days in 2017, so add 9 days, I made 10 yr residency on 16/5/2024 and -28 days, 19th April 2024. Does this look correct please.

Your quick response and help would be much appreciated. thank yo so much.

[Thanks4YourHelp]

Could any advisers and gurus here advise on my earlier questions please.

Many thanks

[vinny]

If there aren’t any questions about overstaying, then there’s no harm mentioning it.

Your calculations seem correct.

It’s important that you apply in-time, prior to expiry of leave, perhaps even before the rules changes, on 9 or 10 April. If you satisfy the relevant requirements on the rules in force at the time of the application, on the date of the decision, then you should succeed.

[Thanks4YourHelp]

Thanks Vinny for the kind response.

My current leave to Remain expire 24/05/2025. So I have plenty of time. But I will be making up the 10 year residency, ideally by 7/5/2024 but I got delayed/overstayed 9 days before I renewed my visa in 2017.

I have always been in Leave to Remain Spouse FLR M visa since 2014 when i arrived in the UK.

So my rough calculation is that I submit my application by 19 April 2024. Since you are saying I should apply on 9 or 10 April, do you think this will be ok? Will Home Office not say it is too early and reject?

Plus, what rule is being changed from 11 April 2024? I am still bit unsure about the timing, so please advice what best you think i should submit my application on please.

Thank you so much for your help.

[vinny]

The changes: (for example)

Suitability requirements for permission to stay on the Long Residence route
…
LR 2.2. The applicant must not be:

• (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded (although it will not count towards the qualifying period); or
• (b) on immigration bail.

…

Eligibility requirements for permission to stay on the Long Residence route

Qualifying period requirement for permission to stay on the Long Residence route
…
LR 3.2. The following periods will not count towards the qualifying period for Long Residence:

• (a) time spent on immigration bail, temporary admission or temporary release;
  and
• (b) any period of overstaying between periods of permission before 24 November 2016, even if a further application was made within 28 days of the expiry of the previous permission; and
• (c) any period of overstaying between periods of permission on or after 24 November 2016 even if paragraph 39E applies to that period of overstaying;
  and
• (d) any current period of overstaying where paragraph 39E applies.

It seems that 39E specifies an acceptable time frame of an out-of-time application. However, I think a period of overstay does not stop on the date of an out-of-time application. It stops when an application succeeds. The entire periods of overstay (ending on the date of the approval) may be excluded from the qualifying period for Long residence? So, in your case, this may be more than 9 days, depending on when leave had expired and how long the decision took?

So it may be better if you applied on Tuesday, 9 April 2024 to benefit from the less restrictive current rules and guidance?

[Thanks4YourHelp]

Thanks Vinny for your timely kind response. Much appreciated.

In the application, it doesn't ask about my Accomodation and Financial stuffs which were in my previous visa renewal application. I am unemployed and used by wife's saving (above £63k) in the previous application. The house I live is jointly owned by my wife and her brother.

Should I mention/include my wife's same saving in this ILR application please?

Key document I am including as the application demands are:
- My BRP and Home Office Travel Document
- My wife's UK passport and marriage certificate
- My son's UK passport and birth certificate
- Correspondence on my and wife's name at our address
- My UK Uni degree certificate
- Life in the UK Test passed result

Please enlighten me if I should include further doc and i will prepare them.

As always, my deepest appreciation and thanks for your help.

[vinny]

I don’t see any accommodation and income/maintenance requirements under the current Long Residence rules.