ILR ON 5YEARS ROUTE BEST TIME TO SUBMIT

[akanbi11]

please am concern on my case with the new rule on fm
i got first 2.5year on 10year route on renew I move to FM 5years route is due for renew in months time for last 2.5years due to my clock reset but with the new rule state that one can combine both together and remove of [ clock reset ] can you advise me on this matter more because i'm thinking i don't need to go for 2.5yrs again instead i will apply for ILR now with new rule
please bro advice me on this matter

Thank house

[zimba]

As far as I see the changes proposed in HC1118 do not affect the people under the 5 year route. It only proposes changes for people under the private life and 10 year partner route. People under the 5 year route still cannot combine their previous stay under the 10 year route to qualify under the 5 year partner route as Appendix FM rules will continue to apply to them.

The requirements for ILR on the 10 year family route are being put into two other new appendices: Appendix Settlement Family Life and Appendix Relationship with Partner. This only allows people under the 10 year route to combine their stay under different routes (e.g private life, Article 8, etc) to qualify for ILR after 10 years, under the new Appendix Relationship.

Appendix Relationship with Partner replaces the relationship requirements in Appendix FM. Although initially applying only to those seeking ILR on the ten-year partner route, the explanatory memorandum expresses an intention to extend it to “other routes” in future.

https://web.archive.org/web/20220317123 ... ife-rules/

[akanbi11]

I have read articles of memoranda it say clear you can combine family life and private life together, it state no more reset clock but it will come to effect from June 22nd 2022

[zimba]

I have read articles of memoranda it say clear you can combine family life and private life together, it state no more reset clock but it will come to effect from June 22nd 2022

As I pointed out the new rules do not change anything for people under the 5 years route for now

[akanbi11]

That is not true please go back and read articles of memoranda always read it state clearly that if you have renew you have to use 1year before apply
I also contact solicitor on it and he clear state it include 5year

[akanbi11]

HC 1118 Articles of memorandum it there and state clear wait till it start on June 22nd 2022

[zimba]

It is up to you to provide evidence of your claims. The HC1118 document does not change the requirements of immigration rules Section E-ILRP: Eligibility for indefinite leave to remain as a partner which still requires 60 months of leave under D-LTRP.1.1. You need to show where and how you make such a claim.

The paragraph below is copied from HC1118:

“E-ILRP.1.3. (1) Subject to subparagraph (2), the applicant must, at the date of application,
have completed a period of continuous residence in the UK of at least 5 years (60 months)
with the following:
(a) leave to enter granted on the basis of entry clearance as a partner granted under
paragraph D-ECP.1.1; or
(b) limited leave to remain as a partner granted under paragraph D-LTRP.1.1; or
(c) a combination of leave under (a) and (b).

[akanbi11]

Reset clock have be remove which only affect FLM application from FLR, which does not allow combination of both to count toward 5year when move from FLR TO FLM , NOW with new regulations HC 1118 both can be count together toward 5years to gain indefinite
From the letter issued from home office reason have be state there clearly for FLR and FLM for grant it , some can be due to financial or not having statue
My point is clock reset or reset clock have be remove that combination is allow from June 22nd for those on 5years FLM that initial on FLR before switch to it insert of start all over count toward 5years

[akanbi11]

Introduction of the new Appendix Settlement Family Life and new Appendix Private Life
7.27 Appendix Settlement Family Life and Appendix Private Life replace existing provisions. Changes are being made to how these routes deal with validity of applications. The requirements currently set out in paragraph 34 of the Immigration Rules will now be in part replaced by validity rules in Appendix Private Life and Appendix Settlement Family Life which state:
• The application must be made on the specified form on GOV.UK;
• Any fee and Immigration Health Charge must have been paid;
• The applicant must have provided any required biometrics;
• The applicant must have provided a passport or other document which
satisfactorily establishes their identity and nationality; and
• A person applying for settlement must meet specified rules as to the current or
previous permission held.
7.28 These validity rules do not represent significant policy change. Validity requirements for dependants are being aligned with other routes (see administrative changes in paragraph 7.43 and 7.44).
7.29 Changes are being introduced which affect applications for settlement under Appendix Private Life and Appendix Settlement Family Life:
•
• • •
•
leading to a custodial sentence of
, use
Minor and technical changes are being made to ensure
cross references are consistent with the new appendices.
Applicants will be able to combine time on family and private life routes
towards the qualifying period rather than having to ‘reset the clock’ on the
qualifying period if their circumstances change, though they will need to
complete at least a year in their current route;
Applicants will be able to count time on other routes to settlement where
certain conditions are met;

[akanbi11]

7.29 Changes are being introduced which affect applications for settlement under Appendix Private Life and Appendix Settlement Family Life

Applicants will be able to combine time on family and private life routes
towards the qualifying period rather than having to ‘reset the clock’ on the
qualifying period if their circumstances change, though they will need to
complete at least a year in their current route;
Applicants will be able to count time on other routes to settlement where
certain conditions are met

[zimba]

You clearly have not read that document properly. Appendix Settlement family life does NOT include the 5-year route, it is a separate new appendix covering the people under the 10 year route. The 5 year route rules will remain under Appendix FM

2.3. The changes being made primarily deliver:
• Introducing Plan for Growth changes, including the launch of the High Potential
Individual (HPI) route and Scale-up route and the new Global Business Mobility
routes.
• Introducing a new Appendix Settlement Family Life. This puts the rules for
settlement by partners and parents who must complete a 10-year qualifying period
in the UK into the new simplified format.
• Introducing a new Appendix Private Life which replaces the current private life
rules in Part 7 and puts the rules into the new simplified format. In addition to
simplification this new appendix introduces a number of changes for children and
young people, including bringing the concession on early settlement, introduced
on 20 October 2021, into the rules.
2
• Introducing a new Appendix Relationship with a Partner, which will provide
greater consistency in the way applicants prove a relationship with a partner.
Initially it applies only to Appendix Settlement Family Life.

Appendix Settlement Family Life
7.31 New rules are being introduced for those partners and parents on the family route who
must complete a qualifying period of 10 years before they, and their dependent children, can settle.
7.32 Appendix Settlement Family Life replaces some of the current rules in Appendix FM
which relate to settlement as a partner or parent after 10 years, so the equivalent rules
are being deleted from Appendix FM. In addition, the rules for child dependants in
Appendix FM are being updated so that where a parent is settled, but a child does not
qualify for settlement at the same time, the child can be granted permission to stay.

Here then it tells you that people can settle under the 10 year routes without resetting their clock, effectively allowing them to combine time spent under both family and private routes without starting the 10 year from scratch. The people under Appendix FM cannot. This is what I already covered above:

7.29 Changes are being introduced which affect applications for settlement under
Appendix Private Life and Appendix Settlement Family Life:
• Applicants will be able to combine time on family and private life routes
towards the qualifying period rather than having to ‘reset the clock’ on the
qualifying period if their circumstances change, though they will need to
complete at least a year in their current route;
• Applicants will be able to count time on other routes to settlement where
certain conditions are met;

https://assets.publishing.service.gov.u ... sible_.pdf

[akanbi11]

I will not argue with you but I will send prove in July to prove am right and you wrong because previous FLR year spend can be combine together once change to FLM 5years
it will start in June 22nd
I will send you prove after that date let leave like that

[zimba]

I will not argue with you but I will send prove in July to prove am right and you wrong because previous FLR year spend can be combine together once change to FLM 5years
it will start in June 22nd
I will send you prove after that date let leave like that

I am happy to be proven wrong however the rules as they stand and considering the new proposed changes do not support your claim that the qualifying 5 years for ILR can include time from other routes.

[akanbi11]

Interpretation of law matter because no reset clock on 10 year route

[vinny]

The Changes

SETF 11.3. The applicant must not have been convicted of an offence in the UK or overseas for which they have been sentenced to imprisonment for less than 12 months, unless the applicant has completed a qualifying period of 10 years with permission as set out in SETF 11.6 and the applicant has spent at least 5 years continuous residence with such permission since the end of their sentence.

SETF 11.4. Where any of the following occur during the applicant’s qualifying period for settlement, the applicant must be refused settlement unless the applicant has completed a continuous qualifying period of 10 years with permission as set out in SETF 11.6 and has completed 5 years continuous residence with such permission after the date of the first grant of permission after the suitability ground came to the attention of the decision maker:

• (a) involvement in a sham marriage or civil partnership (grounds for refusal under 9.6.1 of Part 9); or
• (b) use of false documents or information or deception (S-ILR.2.2 and S-ILR.4.2 and S-ILR.4.3. of Appendix FM); or
• (c) litigation debt owed to the Home Office, unless the debt has been paid (S- ILR.4.4 of Appendix FM); or
• (d) debt to the NHS, unless the debt has been paid, or the total value of outstanding charges is under £500 (S-ILR.4.5. of Appendix FM); or
• (e) the applicant has breached the conditions of their permission

SETF 11.5. Unless the applicant is a child or young adult who was granted on the basis of private life under PL 3.1. or PL 4.1. of Appendix Private Life, if the applicant has entered the UK illegally they must be refused settlement unless the applicant has completed a qualifying period of 10 years with permission under SETF 11.6.

SETF 11.6. Where an applicant must complete a qualifying period of 10 years (under SETF 11.3. to SETF 11.5.), they must have had permission as one or a combination of the following for that 10 year qualifying period:

• (a) entry clearance or permission granted as a partner or parent under Appendix FM (except for permission as a fiancé(e) or proposed civil partner); or
• (b) permission described in the Home Office grant letter as "family permission as a parent" or "family permission as a partner"; or
• (c) permission on the private life route under paragraph 276ADE or 276BE(2) before 20 June 2022 or Appendix Private Life; or
• (d) entry clearance or permission as a child of a person with limited leave as a partner or parent under Appendix FM; or
• (e) permission granted outside the rules as a partner, a parent or child or because of private life on the basis of Article 8 of the Human Rights Convention.

of combinations appear to apply to some 10 year routes.

However, doesn’t the normal 10 years Long Residence provisions make these changes redundant for an adult?

[zimba]

The 120 months requirement for ILR has always been part of the family rules so maybe they have always been redundant Maybe the difference is in the absence requirements given that long residence has strict absence limits and family route has none ?

[zimba]

Interpretation of law matter because no reset clock on 10 year route

There is no magical interpretation. You need to show how the new changes affect paragraph E-ILRP.1.3. of the rules (the 5 year requirement for ILR under family route) The new changes do not affect that

[akanbi11]

“E-ILRP.1.1. To meet the eligibility requirements for indefinite leave to remain as a partner after a 5 year qualifying period all of the requirements of paragraphs E-ILRP.1.2. to 1.6. must be met.”.
APP FM5. For E-ILRP.1.3, substitute:
“E-ILRP.1.3. (1) Subject to subparagraph (2), the applicant must, at the date of application, have completed a period of continuous residence in the UK of at least 5 years (60 months) with the following:
(a) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1; or
(b) limited leave to remain as a partner granted under paragraph D-LTRP.1.1; or (c) a combination of leave under (a) and (b).
R-ILRPT.1.1. The requirements to be met for indefinite leave to remain as a parent after a 5 year qualifying period are that:
(a) the applicant must be in the UK; and
(b) the applicant must have made a valid application for indefinite leave to remain as
a parent; and
(c) the applicant must not fall for refusal under any of the grounds in Section S-ILR: Suitability-indefinite leave to remain; and
(d) the applicant must meet all of the requirements of Section E-ILRPT: Eligibility for indefinite leave to remain as a parent.”.
APP FM8. For E-ILRPT.1.3, substitute:
“E-ILRPT.1.3(1) The applicant must, at the date of application, have completed a continuous period of residence of at least 5 years (60 months) with the following:
(a) leave to enter granted on the basis of entry clearance as a parent granted under paragraph D-ECPT.1.1.; or
(b) limited leave to remain as a parent granted under paragraph D-LTRPT.1.1.; or
(c) a combination of leave under (a) and (b).

Changes are being introduced which affect applications for settlement under Appendix Private Life and Appendix Settlement Family Life:
Applicants will be able to combine time on family and private life routes
towards the qualifying period rather than having to ‘reset the clock’ on the
qualifying period if their circumstances change, though they will need to
complete at least a year in their current route;
Applicants will be able to count time on other routes to settlement where
certain conditions are met

[akanbi11]

show me reset the clock on 10years route where it say clock will be reset to 0 on previous rule FLM OR FLR

[akanbi11]

Where it was mention that clock will be reset to 0 on 10years route on previous rule send it to me

[vinny]

For example, cannot combine
E-ILRP.1.3.(1) (partner route)
with
E-ILRPT.1.3.(1) (parent route).

Nor with routes from outside Appendix FM.

[zimba]

Where it was mention that clock will be reset to 0 on 10years route on previous rule send it to me

You clearly have no understanding of the rules but keep posting the same thing without even reading it. Paragraph E-ILRP.1.3 literally does not allow the combination of leave under the 10-year. The changes proposed regarding Appendix Private Life and Appendix Settlement Family Life have nothing to do with the 5 year qualifying period. I already showed you how and why.

You need 60 months of continuous leave under D-ECP.1.1 or D-LTRP.1.1. If you held periods of leave under another paragraph then you are not able to combine them and hence must start your continuous qualifying period from scratch, hence the expression 'clock being reset'.

[akanbi11]

The first was grant on D-LTRP 1.2 and second was granted on D-LTRP 1.1

[zimba]

Section E-ILRP: Eligibility for indefinite leave to remain as a partner
E-ILRP.1.1. To meet the eligibility requirements for indefinite leave to remain as a partner all of the requirements of paragraphs E-ILRP.1.2. to 1.6. must be met.

E-ILRP.1.2. The applicant must be in the UK with valid leave to remain as a partner under this Appendix (except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded).

E-ILRP.1.3. (1) Subject to sub-paragraph (2), the applicant must, at the date of application, have completed a continuous period of either:

(a) at least 60 months in the UK with:
(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1.; or
(iii) a combination of (i) and (ii);
or
(b) at least 120 months in the UK with:
(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1. or D-ECP.1.2.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1. or D-LTRP.1.2.; or
(iii) a combination of (i) and (ii).

https://www.gov.uk/guidance/immigration ... ly-members

[akanbi11]

You are missing thing up, I told you before wait I will prove you wrong