ILR for long residence

[stedman]

I'd be really grateful if one of the mods (or anyone!) can answer this. I've searched the boards and there doesn't seem to be any thread that specifically addresses this.

Next year I'd have lived continuously in the UK for 10 years, with a variety of visas (now on HSMP) All legal with no long periods spent outside the UK (no more than 2 weeks on holiday) My total time here is actually well over 10 years but I broke it by leaving the UK for a year after uni - duh!

Although long residence is not considered straightforward, I have all the documents pertaining to this (ie the visa stamps, evidence of gainful emloyment etc)

Based on the above, can anyone tell me approximately how long it'll take to get ILR compared to if I was applying with 4 years WP where it can be done on a same day basis. Just that I'm getting married the month after my ILR is "due" and of course I'd like to go on honeymoon straight after and I'll need my passport for this! I really don't want to waste any time in applying for ILR as it'll then delay my BC application (cos of the 1 year rule) I plan to apply exactly 28 days before the 10 year anniversary of my entry to the UK.

Any help will be greatly appreciated!

[John]

Stedman, slow down! It does not work like that!

For a start, can you detail your UK immigration status during all of the 10 years? And why has there been no opportunity to apply for ILR before, or now?

Secondly, 10-year applications cannot be done at a PEO. You can expect it to take months, and even then it will not be granted if you have "not been legal" at any time in the UK during those 10 years. Unlike a 14-year application where "illegal time" is allowed to count.

So the comment must be ... only make a 10-year application if you are absolutely certain that you were not in the UK illegally at any time during the 10 years. Otherwise wait for 14 years.

Finally, for 10-year and 14-year applications you don't apply 28 days before those limits. You wait until the right number of years has occurred.

But first, please detail your UK immigration history over the 10 year period.

Another thought .. your spouse (as that person will become) .... nationality or UK immigration status?

[stedman]

Hi John

Thanks for replying!

I initially came here on a student visa to do a post graduate degree in Tropical medicine, then left the UK and lived in France for a year. I left the UK a few weeks before the visa ran out. I came back on a working holiday visa in 1996. I then started working here as a doctor and I changed my working holiday visa to a permit free training one. I was on permit free training until around this time last year when I got HSMP. All my visas have overlapped (apart from the student visa and WHM visa but I was out of the UK then)

I haven't applied for ILR as I wasn't allowed to do so with permit free training, and I've only been on HSMP since last year.

I know 10 year applications can't be done at the PEOs.. I was asking about the time frame. I've never been illegal here, not even for a day!

On the IND website, I could have sworn they say I can apply a month before the anniversary of my entry 10 years ago... I've always applied to renew my various visas a month before and it's never been a problem. But I'm sure you're right!

My spouse to be is English.

Hope this all makes sense!

[John]

Stedman, I think it is always useful to read the instructions given to IND staff. Have a read through THE LONG RESIDENCE CONCESSION which makes the situation quite clear.

Accordingly your short absence of one month is no problem, and neither are any short holidays abroad. But it is a 10-year concession ... not a 10-year less 28 days concession ... so you really need to wait until the 10 years are up. Just to make sure, wait until 10 years and 1 day at least.

On the form SET(O), which you will use to make the application, there is a reference to 28 days but I don't think that is very well written. Certainly I think that anyone applying for ILR because their existing visa is just about to run out can apply in the last 28 days of validity of the near-expired visa. But you are not applying because your visa is just about to expire .... you are applying because of the 10 year concession, so I certainly think you need to wait until the 10 years are up.

Final point .... relevant to your honeymoon next summer. As made clear in the IND instructions the concession applies where "a person has 10 years or more continuous lawful residence". (my emphasis) So there is no need to rush your application in as soon as the 10 years are up. Why not have your honeymoon, presumably another short absence from the UK, and then apply for your ILR when you get back. Isn't that the answer to your little problem?

After your marriage to a British Citizen, and after you actually get your ILR, it would seem to be the case that you will be able to apply for your naturalisation as British immediately. No need to wait a year.

[stedman]

Thanks John - that was very helpful.

If anyone has got ILR from long residence, I'd love to know how long it took/the timelines