Will application merit 10 years lawful residence?

[kamsi]

I would be extremely grateful if anyone would be kind to answer these questions for me in regards to my immigration status in the UK.


I had arrived to the UK in 2004 on a visiting visa and overstayed. In 2005 I started a relationship and in 2008 I married my partner. In 2010 I made an application on the basis of Article 8. This application was refused and a reconsideration request was made. The application was reconsidered and in June 2013 Leave was granted on the 10 year route to settlement on Article 8 ground. Whilst that leave was still valid, in June 2014 I made FLR(M) application to switch into the 5 year partner route and the application was successful and Leave was granted to expire December 2016.
The marriage broke down and we separated in June 2015.

In September 2016 curtailment letter was sent to me by the Home Office and I was given up to November 12, 2016 to make application for further Leave to remain or to leave the country. On 7th November I made a FLR(FP) application relying on a new relationship that I had started after the breakdown of my marriage and the birth of a child from that relationship. My new partner and our child are both British citizens. The application was approved and leave was granted on the 10 year path to settlement to expire in 2019. This leave was specifically granted because of the parental relationship I’ve with my child. In order to qualify for ILR I would have to make three more applications.


a). Will it be possible to apply for ILR in 2023 by combining previous leaves granted from 2013?

b). Is there a possibility that the 10 years lawful residence rule could be abolished in future?


c). If I do decide to switch into the 5 year partner route can I then apply for ILR once I’ve completed 10 years lawful residence by combining previous leaves granted from 2013?


Thank you for your assistance.

[secret.simon]

The application was approved and leave was granted on the 10 year path to settlement to expire in 2019. This leave was specifically granted because of the parental relationship I’ve with my child. In order to qualify for ILR I would have to make three more applications.

Just to clarify, you did not get FLR(FP). That application failed. You got LOTR, which is a different type of leave. Keep that in mind.

a). Will it be possible to apply for ILR in 2023 by combining previous leaves granted from 2013?

Yes, assuming no change in rules, assuming that there is no change in your relationship status and assuming that you meet the absence requirements.

b). Is there a possibility that the 10 years lawful residence rule could be abolished in future?

My crystal ball was badly damaged last year, with Brexit, Theresa May becoming Prime Minister, the Labour Party leadership election, the whole US electoral spectacle. So, I will pass on this question.

It is worth keeping in mind that legitimate expectations does not apply to the Long Residence route.

In 2012, the 14 years (legal and illegal) Long Residence route that used to lead to ILR was changed to a 20 years route that led to further FLR(FP), not ILR. So, it is possible that the 10 year ILR route is changed or even abolished by 2023.

c). If I do decide to switch into the 5 year partner route can I then apply for ILR once I’ve completed 10 years lawful residence by combining previous leaves granted from 2013?

I presume that 5 year partner route means FLR(M). You need to complete five years on FLR(M) itself to qualify for ILR. You can't combine time on any other leave with the leave on FLR(M) to get to the five years point. Time spent on FLR(M) does count towards ILR(LR) 10 years.

[kamsi]

Thanks secret.simon for your comments which I find elucidating. I think the best way to go would be to switch into 5 year partner route and then apply for ILR once I've completed 10 years lawful residence.

I am aware that 5 year partner route resets the clock to zero and previous leave can not be combined to reach the 5 year point.

Much appreciated.