10 year ILR 2 days short HELP

[Ukstudent25]

Hi,
I cam to uk as phd student on 19 sept 2015, got 7 years visa for my research and then 3 years graduate visa. Total 10 years visa.
My current visa expires on 17th sept 2025. I am short of 2 days i guess for 10 years ILR.
QUESTION:
Can I apply ILR within 28 days of being eligible even if I am short of 2 days?
If yes, is it okay to apply super priority visa in 1st week september?
I have 2 uk born kids as my graduate dependant visa. Do they need to apply ILR with me or can they register directly?

[zimba]

You do not need to have 10 years to become eligible and get ILR. There is a 28-day concession which allows you to get ILR early.

Read: Applicants can benefit from the date of the ILR decision
Also read: Lawful and continuous residence changes to Long Residence route from 11 April 2024

Your UK born kids can be registered as British directly after you get ILR. They do not need to ILR

[Ukstudent25]

Thank you zimba for your comment. I could understand that from the documents listed by government that I can apply 28 days prior the eligibility but solictor said to me that I cannot apply prior as i am 1 day short. I was hoping to apply super priority so that once I get my ilr then i can register my kids as british.
Question:
Do i need to give home office proof of my last 10 years in any form of documents?

[zimba]

Thank you zimba for your comment. I could understand that from the documents listed by government that I can apply 28 days prior the eligibility but solictor said to me that I cannot apply prior as i am 1 day short. I was hoping to apply super priority so that once I get my ilr then i can register my kids as british.
Question:
Do i need to give home office proof of my last 10 years in any form of documents?

Solicitor is talking nonsense. You do not need a solicitor to apply.
You do not need to provide proof of anything. Needless to say that the date of entry is irrelevant too as appendix continuous residence applies now.

[Ukstudent25]

Thank you Zimba, I will then prepare my application for 1st week of September.
Question:
My husband is on my dependant but he will complete his 10 yrs ILR on Nov 8th 2025. His visa expires on 17th sept along with me. How can we apply for him? Do I need to apply for ILR dependant or apply for his ILR and delay biometric ?

Thank you

[zimba]

He will apply for ILR on their own before visa expiry and delay the biometrics until eligible

[Ukstudent25]

Hi Zimba,

Question:
If there is a bracket in rule for me to apply 28 days earlier does that mean I can even apply for super priority visa service? In long residence route do they count date of first visa issue or date of Entry?

As my biggest hurdle is that even though I am short of 1 or 2 days - my kids need to apply their registration once i get my ilr.
In my case I am not sure if I apply standard ILR application as my kids wont have any legal status in between the time.

[zimba]

I provided extensive advice on all those points above. Click on the links above and read them. All your queries are answered above.

Kids do not need any lawful residence if they are entitled to be registered

[Ukstudent25]

Hi Zimba,
Question:
Date on my first sticker 14th sept 2015
BRP date visa valid from 8th sept 2015
Entry to UK 19th Sept 2015
Current visa expires 17th Sept 2025

Does that mean I am already eligible to apply for ILR? I have filled SET LR form already but wanted to make sure if I can already apply?

Also, in the form the documents require to submit- it is asking me to provide my dependants (husband and kids) visa status and 2 years address proof with my husband plus married certificate. Is that normal ?

aAso asks,
Do you have any other reasons for wanting to stay in the UK?
(Required)
For example, include any information you wish to be considered about the welfare or best interests of any children who will be affected by the decision or medical evidence such as evidence of serious ill health.

[zimba]

Yes you are.

You do NOT need to provide anything regarding your family at all. This is a known error on the SET(LR) form. Under the long residence, you apply on your own and you must qualify on your own. Your relationships/family do NOT matter. Also you do NOT need to provide additional reasons to stay in the UK. If you answer YES, the form will ask for evidence and you will be confused again. The form should not be treated as a full disclosure

[Ukstudent25]

Thank you.
I will get my application ready to submit next tuesday or wednesday as I will be going for super priority service.
In the documents checklist they have asked for my husband and children visa status, marriage certificate, joing statement/bill to proof that we live together covering last two years. I will be attaching all of these documents even though it does not make any sense why they need it.
They have asked my passport copies - I am not sure do I have provide all the scanned pages or only front back?
Any insight would be great.

I hope everything goes well and I will keep everyone updated here.

[zimba]

As I said, the document checklist is generic. If you provide family details, it mistakenly thinks you need to provide cohabitation evidence and asks for it. It is an error. SET(LR) has nothing to do with your family. You only need to scan biometric pages and those with stamps over the last 10 years.

[Ukstudent25]

Hi Zimba,
There is a question in the form which states

Personal information
How long have you lived in the UK?

Should I states as 9 years and 11 months (as I am applying 13 days before completing 10 years) or 10 years and 0 months?



Thank you

[zimba]

The answer to this question does not matter. 10 years is fine

[Ukstudent25]

Hi Zimba,

I have completd my application and on fee payment page it gives me an option of only STANDARD SERVICE.
I want to apply super priority service.


Standard service : pay 3029.00 GBP, most people get a decision within 6 months of submitting their on-line application


Question:
Will it give me an option of super priority later while booking biometric?

[Ukstudent25]

The answer to this question does not matter. 10 years is fine

Hi Zimba,

Is there any specific time the UKVI opens the portal for super priority service?


Thank you.

[zimba]

There’s a limit on how many people can apply for a faster decision

[Ukstudent25]

Thank you Zimba for your great advice and help.
I have now got my ILR approved today.
I managed to get super priority appointment by refreshing the appointment page at 12.59 am on Monday night and paid for it. Uploaded all my documents yesterday that is tuesday. Today 9.15am gave my biometric and got my ILR approved by 11am.


Thank you so much everyone on this forum as it is great help.

[zimba]

Congratulations

[Ukstudent25]

Congratulations

Thank you Zimba.

I am applying for my husband ILR based on 10 years route.
Date of visa issued - 8th Nov 2015
Date of UK entry - 9th Nov 2015
Current visa expiry - 17th Sept 2025

I will submit his application on 17th Sep 2025 but when can he submit his biometric the latest?
He is short of almost 40 days including the 28 days concession. Can he take super priority appointment 28 days prior to his 10 years completion, even though is won't be having valid visa during that period?
8th Nov - 28 days = around 11th Oct.

[CR001]

I will submit his application on 17th Sep 2025 but when can he submit his biometric the latest?

He has 45 working days to enroll biomtrics.

He is short of almost 40 days including the 28 days concession. Can he take super priority appointment 28 days prior to his 10 years completion, even though is won't be having valid visa during that period?
8th Nov - 28 days = around 11th Oct.

Super priority has absolutely nothing to do with the biometric appointment. Super Priority, if available, is only a UKVI service for a quicker decision AFTER biomtrics have been enrolled. Super priority is also not a guaranteed service.

[Ukstudent25]

That means he can still apply for his biometric in and around mid October 2025 even though he wont have any valid visa then, calculating his 10 years - 28 days concession?

OR
Does he have to delay his biometric until 45 days ?

[CR001]

The date of application is the date you submit and pay online.

The date of biometrics doesn't matter and can be after visa expiry.

[Ukstudent25]

Ok.

My question is - Can my husband still apply ILR before he is eligible for 10 years? Even though he is 50 days short (including 28 days concession)

Or should he apply as my ILR dependant then vary application?
(some new rule that we need one visa status for 12 months before applying ILR?)

[zimba]

Ok.

My question is - Can my husband still apply ILR before he is eligible for 10 years? Even though he is 50 days short (including 28 days concession)

Or should he apply as my ILR dependant then vary application?
(some new rule that we need one visa status for 12 months before applying ILR?)

Yes he can. He will be eligible to get ILR around 10th October. Section 3C continues his lawful residence until then. There is no rule that says you need a visa for 12 months, that requirement is about your immigration route not your visa.

Please read the links I provided in my first response. There is EXTENSIVE detailed explanation there

See item 4: Lawful and continuous residence changes to Long Residence route from 11 April 2024