ILR Application Date (10 Years Long Residence)

[IAN24]

Hi,

Please can anyone help me to establish the date to apply for my ILR via LR.
I was granted my first spousal visa on 10.10.14. I earned above the 18.6k at the time, but was ill-advised I had to stay on the 10 yr. route, I had no idea I could've switched to 5 years.

Anyway, I'm eligible to apply in 6 months time i.e. roughly mid September, but as fate may have it, I have just separated with my wife whom is my visa sponsor.
Please I have few questions as per how to progress:

1) Should I wait after 3 months and apply for ILR(LR) - hopefully the processing/decision time would extend this within the 28 days threshold.
2) Play safe and switch to apply as a parent of a British child under 18? Which would be expensive with IHS and app. fees. then accrue more time, before applying for ILR.
3) Report to the HO and perform 1 or 2 above, however the visa validity would be reduced to 60 days and face such heavy fees within a short period of time.
4) Delay reporting it whilst trying to work on my marriage... then apply if nothing changes.

I'm confused and desperate for assistance.
Any kind advise would be greatly appreciated.

[IAN24]

Please can anyone advise

[meself2]

You can possibly report the breakdown, then in a month or so apply as a parent of British child, delay biometrics and apply for ILR, while also delaying biometrics?

Other members will advise further.

[zimba]

I do not see any reason why you should extend by moving to any other route unless your visa is curtailed and you have no other option. Otherwise delay the report and go for ILR

[IAN24]

Apologies my previous post above was locked mysteriously and I couldn't reply to the thread.

Reply @ Zimba - Thank you for your reply. Please could you advise what ILR form I should fill,i.e. ILR spouse or ILR long residence. Lastly, should I inform them of the separation before I apply or apply & inform them. We are actively working on our relationship.
Please your swift response would be greatly appreciated as I'm already eligible.

Other Inputs are highly welcome

[zimba]

https://visas-immigration.service.gov.uk/product/set-lr

Your relationship breakdown has no bearing on a long residence application at all.

[IAN24]

Reply @ Zimba: Hi Zimba, thank you so much for replying swiftly.
I'm only worried if they bring up the following:
* The separation - as to why it wasn't reported and would they say I have breached the terms of my leave.
Can I plead my case if I use ignorance as an excuse as per why it wasn't reported.
*

{{ 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.}}

As per above clause, and having been on the 10 yr spousal route, if I use the SET LR form, would it be wise to attach a note explaining that we're currently separated, and working on our relationship. this would be to justify using the said form.

Please understand my dilemma, for the SET LR continuous legal years to be tenable, you'd need not breach the terms of the LTR. So as per the separation, should I inform them, then apply, or apply and inform them, or attach it on the form notifying them?

Please don't be offended about my questions, I just want to get it right once and for all.

[zimba]

You can choose to inform the UKVI. There is no restriction or breach at all. You do NOT need to worry about this.

Also, you can apply under the long residence without any issues. You seem to have incorrectly interpreted the note on the form SET(LR). That note simply says to avoid using form SET(LR) if you intend to apply for ILR under the FAMILY ROUTE rules (i.e. the 10-year FAMILY route) as you should use a different form. However, it does NOT talk about your current visa or tell you that you cannot use SET(LR) if you happen to be on the family route. Under the long residence, your current visa route is irrelevant.

[IAN24]

@Zimba thank you so much!
I will keep you posted on the outcome.

[IAN24]

@Zimba : If someone has had a successful previous application using the B1.1 Grade 5 CEFR English language test, upon their settlement application, can they use it if the above test is beyond two years?

[zimba]

@Zimba : If someone has had a successful previous application using the B1.1 Grade 5 CEFR English language test, upon their settlement application, can they use it if the above test is beyond two years?

In that case, the English language requirement is previously met anyway

[IAN24]

ILR application was successful!
Thank you so much @Zimba, I'm so grateful!

[zimba]

Congratulations