Query on my upcoming 10 year ILR application

[Mani_10_ilr]

Hi all,

I’d like some clarification on whether I’m better to apply the 10-year route or the 5-year route for ILR. appreciate some advice. Here’s my situation:

I entered Uk October 2015 with ICT short term visa.
Stayed till October 2016 and went back to India for 1 month to do the ICT long term visa and came back in NOV 2016.
My spouse came to UK December 2016 in ICT Long term dependent visa and both continued to stay here.My son was born on August 2017 here.
During Jun 2021 I switched to Skilled work visa from ICT long term and my spouse and wife changes to Skilled worked dependent visa.

Now, my view is I think I will become eligible for long term continuous residency 10 years route ILR on coming October 2025 but my wife needs to wait till next year June to complete 5 year in skilled worked dependent to become eligible for ILR.

My queries are:

1. Is the Intra Company Transfer (ICT) short term visa also counts for the 10 year route ILR?

2. Based on my above situation is there any other problems might come if I apply my ILR for October.
I have already checked my entry exit dates and all are in place for the criteria of days allowed outside uk for 180 days in any 12 month period.

3. Will it be better to wait till my wife becomes eligible to do it together in 5 year route instead doing my case in 10 year this year October and for her next year june?

4. For my son born here in August 2017, can I apply for citizenship as soon as one parent gets ILR?

Any additional complication in the scenario if you guys can help us with some suggestions

[zimba]

1. Yes

2. Long residence rules have specific absence rules now: Lawful and continuous residence changes to Long Residence route from 11 April 2024

3. I suggest that both of you apply together under the skilled worker rules, if you are not in a rush

4. Yes. The child can be registered using form MN1 when one parent settles

[Mani_10_ilr]

Thanks @zimba for the reply.
As I have to spend the whole cost so trying to break the cost over 2 years and so thinking of progressing the 10 year route for my self in October.

Regarding the lawful and continuous residency changes what are the key points I need to keep in mind?

For information from my side I have already calculated :
1.There is no single absence of more than 180 days for me over this time
2.The total days outside uk for me in the last 10 years is coming around total of 164 days.

One additional query I have is when I went back to India to do my ICT long term visa after completing ICT short visa during October 2016, for those 5 weeks I didn't have any valid uk visa..will that be a problem for my application?

[zimba]

If you left with a valid visa an returned within 6 months, then you do not have to worry

[Mani_10_ilr]

Thanks for your reply.

What are the main documents you need to have ready before your 10 year long stay application route,apart from the life @uk test?

[zimba]

Passports over the last 10 years, LIUK and proof of English

[Mani_10_ilr]

I am writing to seek your professional advice regarding my upcoming Indefinite Leave to Remain (ILR) application under the 10-year long residence rule.

I initially entered the UK in October 2015 on an ICT Short-Term visa. I stayed until October 2016, then returned to India for one month to switch to an ICT Long-Term visa, re-entering the UK in November 2016.

In June 2021, I switched from the ICT visa to a Skilled Worker visa in UK. My spouse also switched at that time to a Skilled Worker dependent visa.

My eligibility for ILR based on 10 years of continuous residence is due soon. However, a recent incident has caused me some concern:

I hold a valid Schengen visa. Recently, I took a day trip to Dublin with my family via Ryanair. The airline issued our boarding passes in Glasgow after checking our documents. Upon landing in Ireland, a border officer informed me that my Schengen visa was not valid for entry into Ireland (as it is not part of the Schengen area) and that I required a separate Irish visa. The officer allowed me entry but issued a warning in my passport.

I am very worried about whether this entry warning could negatively impact my ILR application.

My key questions for you are:

1. Could this incident with Irish immigration affect the outcome of my ILR application?

I look forward to hearing your advice.

[zimba]

No. This has no relevance to your ILR

FYI
There is a common travel area (CTA) between the UK and the Republic of Ireland, that is why there is no land border between the Northern Ireland and the republic. However, the rules for free travel within the CTA only apply to Irish and British citizens, not other citizens. Also the UK and Ireland are not signatory of the Schengen agreement, so a Schengen visa has no validity within the CTA.

[Mani_10_ilr]

Thanks @zimba.

Do I need to mention this incident during my ILR application as this is mentioned to be me as one warning in my passport.

[pravyna]

Thanks for your reply.

What are the main documents you need to have ready before your 10 year long stay application route,apart from the life @uk test?

Hi.. have you applied for ILR?? what is your status now. My husband also in the exact same situation . Please respond

[zimba]

Thanks zimba.

Do I need to mention this incident during my ILR application as this is mentioned to be me as one warning in my passport.

Again, this has no relevance to your ILR