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Previous Overstayer + 3rd FLR FP application All granted

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Previous Overstayer + 3rd FLR FP application All granted

Post by L_board » Mon Jan 15, 2024 4:48 pm

Hey guys,

I've trawled the forum before posting and also been through the numerous threads and links posted in response by other individuals. Unfortunately was not able to find anything related to my case.

I was born in the UK (stayed for about 3 months I believe - have a British birth certificate), brought up outside the country (17 years).

Arrived in the UK in 2003 December on a visitor visa when I was 17 years. Mum made an application at that time that was deemed incomplete.
Overstayed my visa - big time :(. Oblivious to the rules etc...

Was studying and working at the time - doing A-Levels, and Uni. Met my wife (she's British) in college 2005 - got married in 2014. Had 1 child at the time in 2015.

made an FLR FP application via solicitors 2015 (1st application).
Was granted a 2.5 year visa on a 10 year route.
I made a further FLR FP application by myself on the 10 year route and was granted a further 2.5 years which expired on 4th Feb 2021 (2nd application). Made a further application, again by myself and was granted another 2.5 years expiring March 2024 (3rd application).

3 x FLR FP applications.
1st application was made on 21st Oct 2015 but was granted in Feb 2016 -

I'm about to make my 4th FLR FP application - hopefully granted and within this visa I intent to apply for ILR.

Now on to my question - to apply for ILR - does the qualifiying period start from when my first submitted (21st oct 2015) OR from when my leave was granted (11th Feb 2016)



Thanks for taking the time out to read my context.

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CR001
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Re: Previous Overstayer + 3rd FLR FP application All granted

Post by CR001 » Mon Jan 15, 2024 4:57 pm

From the date your leave was granted. The date you submitted is completely irrelevant.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Previous Overstayer + 3rd FLR FP application All granted

Post by L_board » Tue Jan 16, 2024 10:47 am

Thank you so much. Appreciate your input.

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Re: Previous Overstayer + 3rd FLR FP application All granted

Post by L_board » Mon Jan 22, 2024 11:46 am

CR001 wrote:
Mon Jan 15, 2024 4:57 pm
From the date your leave was granted. The date you submitted is completely irrelevant.
Hey CR001 (or anyone else) - On my visa grant letter it states:

Future Applications

You should apply for further leave in the prescribed manner prior to the expiry of
your current leave. Please note you must continue to meet the requirements of
the Immigration Rules, including at the time of all future applications. If you
meet the criteria set out in the Immigration Rules, you will be given a further
period of up to 30 months limited leave to remain.
Following a continuous period of lawful leave to remain in the UK of at least ten
years (120 months), and subject to meeting the requirements of the Immigration
Rules at the time, you may be eligible to apply for indefinite leave to remain in
the UK.
You must apply before the end of your authorised stay in the UK, but not more
than 28 days before completing that period.
If you apply earlier than that, your
application may be refused.


My current visa expires on March 9th. Trying to apply early to avoid the IHS rise. If this visa is granted I will have the 10 years required for ILR.
My question is around the underlined section - it says my application maybe rejected? Can they do that?

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Re: Previous Overstayer + 3rd FLR FP application All granted

Post by L_board » Mon Jan 22, 2024 12:14 pm

oh wait - re-reading that. Is the above 28 days wording for the final ILR application and NOT the FLR FP app?

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Re: Previous Overstayer + 3rd FLR FP application All granted

Post by CR001 » Mon Jan 22, 2024 12:29 pm

L_board wrote:
Mon Jan 22, 2024 12:14 pm
oh wait - re-reading that. Is the above 28 days wording for the final ILR application and NOT the FLR FP app?
The 28 days concession applies to all immigration applications
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Previous Overstayer + 3rd FLR FP application All granted

Post by L_board » Wed Jan 24, 2024 6:10 pm

Hey CR001 - just seeing your reply.

My visa expires on the 9th March 2024 - does that mean I can do it now or not? I've just paid the IHS etc...just need to make the payment for the visa.

I'm on the 'Choose a service' page - only the standard service is showing :( was hoping to do the super fast one.

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Re: Previous Overstayer + 3rd FLR FP application All granted

Post by zimba » Wed Jan 24, 2024 7:11 pm

L_board wrote:
Wed Jan 24, 2024 6:10 pm
Hey CR001 - just seeing your reply.

My visa expires on the 9th March 2024 - does that mean I can do it now or not? I've just paid the IHS etc...just need to make the payment for the visa.

I'm on the 'Choose a service' page - only the standard service is showing :( was hoping to do the super fast one.
Your visa expiry is irrelevant. You need to find the earliest date of eligibility which is within 28 days of completing your qualifying period, so you will make sure your date of decision would be on that date or onwards.

You can apply early: How to apply early and benefit from the date of the ILR decision ?

Also see: Online Application - Why there is no Super Priority Service Option ?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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