switch Leave to remain article 8 human rights

[hopeuk13]

hi everyone, i really need help, i will explain my situation

my husband came to uk in 2004 on a student visa

i came to uk in 2005 with my 3 old son on a dependant visa.

we have overstayed, and in 2006 our visa was cancelled

in i applied to stay in uk by human rights, my son is now 16 years old and is studying since always been in uk.

in 2012 we applied and it was granted 2.5 years leave to remain, and we renew that one in 2015 for another 2.5 years.

my question is, is it possible to switch for other category , meaning i could apply for ilr outside the rules of human rights?

because soon our visa will expire, so i would like to know if is it possible to apply like everyone else for ILR?

meeting the criteria of finance and so one?

thank you in advance

[physicskate]

It would appear that you were probably put on a 10 year path to ILR from when your visa was granted in 2012. This is when your legal residence resumed, so you will be able to apply for ILR sometime in 2022.

[secret.simon]

Five years (or shorter) ILR is primarily for people who have been in the UK on an economic immigration stream (PBS, HSMP, etc) or their dependents or the dependents of a British citizen or somebody already settled in the UK.

People in the UK on asylum or DLR normally are normally eligible after six years.

However, people on multiple streams or those granted LR after an earlier overstay normally only qualify after 10 years of long residence.

[Obie]

That is not quite correct . Pepole who qualify under parent route or partner route, can at anytime qualify under the 5 year route if they pas's English language and show sufficient resource or the financial requirements.

Reason why OP can't do that is because she was issued leave outside the rules, due to her and the child''s father being in a relationship.

Therefore waiting time will be 10 year as she will never qualify under parent route.