10 year ILR 2 days short HELP

[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?)

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

Hi Zimba,
We have managed to submit his application on the 17th September 2025 and got biometric for the 17th Oct2025. My question is:
Can we withdraw his application now and resubmit it again if we get super priority service. Or any way we can vary his application? He has been diagonsed with tumour and have got surgery done last week but we want to travel for his medical treatment abroad as NHS has waiting time for further surgery.
Please your advice?

[zimba]

You do not need to withdraw anything, just you need to apply again. The problem is that you cannot know if you are offered super priority service until you pay and submit and apply again.

[Ukstudent25]

You do not need to withdraw anything, just you need to apply again. The problem is that you cannot know if you are offered super priority service until you pay and submit and apply again.

Thank you zimba,

Okay. His visa expired on 17th Sept. So if we apply again new application does it count towards over staying?
Do he have to mention there is additional application already made ?
Do we withdraw current application or refund of previous application?

[zimba]

You apply for a new application. This will be a variation of the previous one automatically. Any refund is given after the decision is made

[Ukstudent25]

You apply for a new application. This will be a variation of the previous one automatically. Any refund is given after the decision is made

Do we have to mention in new application that he has a current active application, although he wont give biometric.
As his visa expired Sept 17th and now he has been waiting for biometric - does his time spend after his visa expiry count towards overstay?

[zimba]

No need to mention anything. I already covered this above. Section 3C continues to apply, so visa expiry is irrelevant. I covered that before as well. Carefully read the advice given above.