SET(LR) - Non Availability of Super Priority slot

[SeekingILRinUK]

Hi,
I have completed 10 years in 2024, having a continuous visa and lawful residence. I have never been away for more than 180 days "at a stretch" and the total away period is less than 584 days.
But there is a window where I have been away for more than 180 days during 12-month period. So with new ILR rules coming into effect in April 2024, will I be eligible for applying for the ILR? Thanks.

[zimba]

If the period/window of absence started before 11 April 2024, then the old rule applies. So no continuous absences of more than 184 days.
For any period/window of absence started after 11 April 2024, the rolling calculation applies. So you count the number of days you have been absent in ANY 365 day period and they should not exceed 184 days in total.

[SeekingILRinUK]

Thanks a ton, Zimba . This forum and moderators like you have been amazing.
My period of absence started before April 2024 and I don't have a continuous absence of more than 184 days so I should be fine.

A follow-up question, I am applying for ILR in July 2024 after completing 10 years. Between 2014 and 2024, though I am a lawful, continuous resident in the UK (never away, more than 184 days at a stretch), the total number of days away might exceed 548 days. Will this impact my ILR eligibility? Thanks.

[zimba]

Thanks a ton, Zimba . This forum and moderators like you have been amazing.
My period of absence started before April 2024 and I don't have a continuous absence of more than 184 days so I should be fine.

A follow-up question, I am applying for ILR in July 2024 after completing 10 years. Between 2014 and 2024, though I am a lawful, continuous resident in the UK (never away, more than 184 days at a stretch), the total number of days away might exceed 548 days. Will this impact my ILR eligibility? Thanks.

As the 10-year period extends beyond 11 April 2024, there is no 548-day limit.
You can see examples in the official guide: https://assets.publishing.service.gov.u ... idence.pdf

[Teksman]

Thanks a ton, Zimba . This forum and moderators like you have been amazing.
My period of absence started before April 2024 and I don't have a continuous absence of more than 184 days so I should be fine.

A follow-up question, I am applying for ILR in July 2024 after completing 10 years. Between 2014 and 2024, though I am a lawful, continuous resident in the UK (never away, more than 184 days at a stretch), the total number of days away might exceed 548 days. Will this impact my ILR eligibility? Thanks.

Just so you are aware, the Home Office have paused considering Long Residence ILR applications where the applicant has over 548 days absences over the 10 year period. In their own words, "This is because there are outstanding policy issues which need to be resolved which could affect the outcome..." of such applications.

[zimba]

Thanks a ton, Zimba . This forum and moderators like you have been amazing.
My period of absence started before April 2024 and I don't have a continuous absence of more than 184 days so I should be fine.

A follow-up question, I am applying for ILR in July 2024 after completing 10 years. Between 2014 and 2024, though I am a lawful, continuous resident in the UK (never away, more than 184 days at a stretch), the total number of days away might exceed 548 days. Will this impact my ILR eligibility? Thanks.

Just so you are aware, the Home Office have paused considering Long Residence ILR applications where the applicant has over 548 days absences over the 10 year period. In their own words, "This is because there are outstanding policy issues which need to be resolved which could affect the outcome..." of such applications.

I am aware of some of these reports but the advice for now will be based on what currently the guide says.

[Teksman]

I agree that advice for now should be based on what the current guidance says. Just giving a head up that there is a likelihood that the guidance will be updated soon to potentially say that 548 days limit will still apply to absences prior to 11 April 2024. Hopefully, any such change, if made, should not affect those who already applied under the current guidance.

[zimba]

Such a move means the guide will have to contradict the immigration rules in place. This cannot happen without also changes to the rules

[vinny]

I agree that advice for now should be based on what the current guidance says. Just giving a head up that there is a likelihood that the guidance will be updated soon to potentially say that 548 days limit will still apply to absences prior to 11 April 2024.

Are the current Guidance

a 10-year period completed before 11 April 2024 must not have total absences of more than 548 days - for 10-year periods which extend beyond 11 April 2024, there is no 548-day limit

and

CR 2.2A.

Where the application is under Appendix Long Residence, for any qualifying period before 11 April 2024, the applicant must not have been outside the UK for more than 184 days at any one time, and must not have spent a total of more than 548 days outside the UK during that qualifying period, subject to CR 2.3.

a muddle (i.e. non-retroactive)?

[SeekingILRinUK]

After reading Vinny's response, I am thoroughly confused now.

My rolling more than 180 days away in 12 month period started and ended before 11th April 2024. But, yes, I was outside the UK for more than 180 days in 12 month period.

So does CR 2.1 below applies to me
"CR 2.1. To meet the continuous residence requirement the applicant must not have been outside the UK for more than 180 days in any 12-month period"


Or CR 2.2 A applies for me

CR 2.2A. Where the application is under Appendix Long Residence, for any qualifying period before 11 April 2024, the applicant must not have been outside the UK for more than 184 days at any one time, and must not have spent a total of more than 548 days outside the UK during that qualifying period, subject to CR 2.3.

@zimba or @Vinny can you please guide here?

In short, am I eligible under 10 year route with not having continuous 184 days outside UK and not spending overall 548 days outside UK though i have more than 180 days in a rolling 12 month period
Thanks.

[zimba]

The advice given above stands. Ignore the discussion on 548 days above (this was inserted by another user creating confusion above) This is not relevant to you anyway

If the period/window of absence started before 11 April 2024, then the old rule applies. So no continuous absences of more than 184 days.
For any period/window of absence started after 11 April 2024, the rolling calculation applies. So you count the number of days you have been absent in ANY 365 day period and they should not exceed 184 days in total.

[SeekingILRinUK]

Hello everyone,

Is there a rule that states you must have held your current permission for at least one year before applying for ILR? i.e. your have received your current visa at least one year back?
I am applying for Indefinite Leave to Remain (ILR) through the 10-year long residence route. My current Global Mobility visa was extended last December. Does this mean I have to wait until December 2025 to apply for ILR, even though I have already completed 10 years of lawful residence?

[vinny]

If you extended and are in the same route for at least a year, then I think you should be okay. Problems may arise if you had switched to another route/category. For example, student to graduate route.

[zimba]

Hello everyone,

Is there a rule that states you must have held your current permission for at least one year before applying for ILR? i.e. your have received your current visa at least one year back?
I am applying for Indefinite Leave to Remain (ILR) through the 10-year long residence route. My current Global Mobility visa was extended last December. Does this mean I have to wait until December 2025 to apply for ILR, even though I have already completed 10 years of lawful residence?

Refrain from starting new posts!
Nothing to do with the current visa. You just need to have been under the same ROUTE for 12 months

[SeekingILRinUK]

Thanks Vinny and Zimba. Will continue on the same post. Can you please guide on standard set of documents needed for LR ILR application? Thanks.

[zimba]

Thanks Vinny and Zimba. Will continue on the same post. Can you please guide on standard set of documents needed for LR ILR application? Thanks.

Minimal documents are needed. Passports over the 10 years, LIUK, proof of English language

[SeekingILRinUK]

The advice given above stands. Ignore the discussion on 548 days above (this was inserted by another user creating confusion above) This is not relevant to you anyway

If the period/window of absence started before 11 April 2024, then the old rule applies. So no continuous absences of more than 184 days.
For any period/window of absence started after 11 April 2024, the rolling calculation applies. So you count the number of days you have been absent in ANY 365 day period and they should not exceed 184 days in total.

Hi Zimba / everyone, do I need to provide "justification" of any "long absences" while submitting the application? These are ofcouse less than 180 days but still significant like 170 days at one go? Will this have impact on my ILR applicaiton? Thanks.

[zimba]

No

[SeekingILRinUK]

Hi,

While completing LR ILR application online, it does not ask for any supporting documentation. Just the dates of entry and exit.
Do we need to upload these documents separately, after taking an appointment and not with the online application?
thanks.

[zimba]

Which supporting documents? You do not need to send supporting documents for your absences

Thanks Vinny and Zimba. Will continue on the same post. Can you please guide on standard set of documents needed for LR ILR application? Thanks.

Minimal documents are needed. Passports over the 10 years, LIUK, proof of English language

[SeekingILRinUK]

I am referring to address proof, passport, existing BRP etc. While submitting the online application, all these details were not asked, maybe after making an biometric appointment, I need to upload??

[zimba]

I am referring to address proof, passport, existing BRP etc. While submitting the online application, all these details were not asked, maybe after making an biometric appointment, I need to upload??

You do NOT need to send proof of address. Refrain from inventing your own requirements. I already covered what you need to send.

[SeekingILRinUK]

Hi,
In the required documents to be submitted, there is a ask for
A letter of consent that confirms:
the relationship between you and your parent(s)/legal guardian(s)
consent from your parent(s)/legal guardian(s) to the application
consent from your parent(s)/legal guardian(s) to the living arrangements in the United Kingdom and the address where you will be staying
whether one or both of your parent(s)/legal guardian(s) have responsibility for you
Both parents/legal guardians must sign the letter of consent, except where only one parent/legal guardian has sole responsibility for you.

Can someone please help with any format for this letter of consent? Thanks

[zimba]

How old are you ? The list suggest someone below 18 is applying

[SeekingILRinUK]

I am applying on behalf of my child who is below 18 years old. (or I thought that's what I was doing )
Is there any problem with the option I have selected? Throughout the form, its asking as if child is completing the form on its own.
Should I not be getting these questions asked if I am as an adult applying on behalf of a child?
Sorry I am bit confused now