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Inquiry About Eligibility for Indefinite Leave to Remain (ILR) – 10-Year Route

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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BailaUk
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Inquiry About Eligibility for Indefinite Leave to Remain (ILR) – 10-Year Route

Post by BailaUk » Fri Mar 14, 2025 3:02 pm

I hope you are well. I have been residing in the UK for 10 years under spouse visa, and I am considering applying for Indefinite Leave to Remain (ILR) based on 10 years of continuous residence ?

My first visa was 10/06/2024 and i got granted 30 months 2017 and 30 months 2020.

I had always spouse visa my partner and me we have a kid we live in same house.

I could not apply before 5 years route ILR because financial situation was not good but now i am working and i have that salary.

Should i do my application under long residency(ILR) 10 years or spouse visa 10 years.

I would like to confirm my eligibility and understand any potential issues that may affect my application.

Looking forward to your response.

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zimba
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Re: Inquiry About Eligibility for Indefinite Leave to Remain (ILR) – 10-Year Route

Post by zimba » Fri Mar 14, 2025 4:07 pm

Were you issued a visa under the 5-year family route or the 10-year family route ??
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

BailaUk
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Re: Inquiry About Eligibility for Indefinite Leave to Remain (ILR) – 10-Year Route

Post by BailaUk » Fri Mar 14, 2025 4:35 pm

10 years route in 2017 i have been granted my first 3 years was 2014 spouse visa so i have completed 10 years under spouse visa

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Re: Inquiry About Eligibility for Indefinite Leave to Remain (ILR) – 10-Year Route

Post by zimba » Fri Mar 14, 2025 5:40 pm

So why didn't you apply in 2024 ?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

BailaUk
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Re: Inquiry About Eligibility for Indefinite Leave to Remain (ILR) – 10-Year Route

Post by BailaUk » Fri Mar 14, 2025 7:33 pm

I had leave so waited a bit more so i have completed 10 years so can am i eligible now to make ILR application should do i need to do under family or long residency ?

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Re: Inquiry About Eligibility for Indefinite Leave to Remain (ILR) – 10-Year Route

Post by zimba » Sun Mar 16, 2025 1:16 pm

BailaUk wrote:
Fri Mar 14, 2025 7:33 pm
I had leave so waited a bit more so i have completed 10 years so can am i eligible now to make ILR application should do i need to do under family or long residency ?
You were granted leave in 2014. How did you not complete the 10 years in 2024 ?? Did you incorrectly assume (like many) that time spent waiting between visas do not count ??? You can apply under either routes, but note that each route has different criteria !!
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

BailaUk
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Re: Inquiry About Eligibility for Indefinite Leave to Remain (ILR) – 10-Year Route

Post by BailaUk » Sun Mar 16, 2025 3:50 pm

Hi I have granted 30 months first my application when i was in Turkey

My first spouse visa 2014 to 2017 (30 Months)
My second spouse visa 2017 to 2020 (30 months)
My third spouse visa 2020 to 2023 (30 months)

So overall it needs to be 120 months(Continues leave in the UK) but waiting times sometimes were really long so i was in total i am over 10 years period but my visa times not reached to 120 months my question is am i eligible because once i make application i will pay £2885 ILR fee.

It states below 120 months but i could not be sure the time spent in the UK or all visa times needs to be 120 months. That leads me to confusion.

https://www.gov.uk/guidance/immigration ... ly-members

Section D-ECP: Decision on application for entry clearance as a partner
D-ECP.1.1. Except where paragraph GEN.3.1.(2) or GEN.3.2.(3) of this Appendix applies, an applicant who meets the requirements for entry clearance as a partner (other than as a fiancé(e) or proposed civil partner) will be granted entry clearance for an initial period not exceeding 33 months, and subject to a condition of no recourse to public funds, and they will be eligible to apply for settlement after a continuous period of at least 60 months in the UK with leave to enter granted on the basis of such entry clearance or with limited leave to remain as a partner granted under paragraph D-LTRP.1.1. (excluding in all cases any period of leave to enter or limited leave to remain as a fiancé(e) or proposed civil partner); or, where the applicant is a fiancé(e) or proposed civil partner, the applicant will be granted entry clearance for a period not exceeding 6 months, and subject to a prohibition on employment and a condition of no recourse to public funds.

D-ECP.1.2. Where paragraph GEN.3.1.(2) or GEN.3.2.(3) of this Appendix applies, an applicant who meets the requirements for entry clearance as a partner (other than as a fiancé(e) or proposed civil partner) will be granted entry clearance for an initial period not exceeding 33 months, and subject to a condition of no recourse to public funds unless the decision-maker considers, with reference to paragraph GEN.1.11A., that the applicant should not be subject to such a condition, and they will be eligible to apply for settlement after a continuous period of at least 120 months in the UK with leave to enter granted on the basis of such entry clearance or of entry clearance granted under paragraph D-ECP.1.1. or with limited leave to remain as a partner granted under paragraph D-LTRP.1.1. or D-LTRP.1.2. (excluding in all cases any period of leave to enter or limited leave to remain as a fiancé(e) or proposed civil partner); or, where the applicant is a fiancé(e) or proposed civil partner, the applicant will be granted entry clearance for a period not exceeding 6 months, and subject to a prohibition on employment and a condition of no recourse to public funds.

My partner is british citizen

BailaUk
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Re: Inquiry About Eligibility for Indefinite Leave to Remain (ILR) – 10-Year Route

Post by BailaUk » Sun Mar 16, 2025 4:19 pm

I have checked my documents my last application for 2022 i got an other extention which 30 months until 2025 so i think i have completed all the period right?

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Re: Inquiry About Eligibility for Indefinite Leave to Remain (ILR) – 10-Year Route

Post by zimba » Sun Mar 16, 2025 4:29 pm

You have been eligible since 2024 as I said. Time waiting is also lawful residence as per section 3C. You made an incorrect assumption that you did not have 10 years.

Apply under 10-year family route: https://visas-immigration.service.gov.u ... t-relative
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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