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What route to apply after visa granted on long residence

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Annieng
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Posts: 4
Joined: Tue Aug 31, 2021 4:29 pm
Vietnam

What route to apply after visa granted on long residence

Post by Annieng » Fri Feb 25, 2022 9:16 pm

Hi, my friend was granted a leave to remain (work permitted) on the basis of continuous long residence after 20 years in the UK. The visa was for 2.5 years and expiring in a few weeks.
Now he has a two year British born son with his settled wife who he's been married to for over 5 years.
Which visa route can he apply now that will give him the best chance of settlement?
Or can he go straight to applying for settlement given his long residence history?
Thanks.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: What route to apply after visa granted on long residence

Post by vinny » Sat Feb 26, 2022 12:35 am

Annieng wrote:
Fri Feb 25, 2022 9:16 pm
Which visa route can he apply now that will give him the best chance of settlement?
Private life
Annieng wrote:
Fri Feb 25, 2022 9:16 pm
Or can he go straight to applying for settlement given his long residence history?
No.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Annieng
Newly Registered
Posts: 4
Joined: Tue Aug 31, 2021 4:29 pm
Vietnam

Re: What route to apply after visa granted on long residence

Post by Annieng » Sat Feb 26, 2022 8:00 am

Thanks Vinny. Can he apply for the first 2.5 years leave as a parent of a british child?

Or does it have to be private life? If it's private life, how many years does he need to be on this route before settlement?

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: What route to apply after visa granted on long residence

Post by vinny » Sat Feb 26, 2022 8:44 am

He is currently on a ten year private life route to settlement. However, with a settled wife, he may be able to switch to the partner 5-year route, starting from grant of switch, if he satisfies all the requirements, including English, financial, accommodation requirements, etc.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: What route to apply after visa granted on long residence

Post by secret.simon » Sun Feb 27, 2022 11:49 am

Annieng wrote:
Fri Feb 25, 2022 9:16 pm
my friend was granted a leave to remain (work permitted) on the basis of continuous long residence after 20 years in the UK.
If your friend was issued a leave to remain based on 20 years of presence in the UK, that indicates that at least a part of the presence in the UK was illegal/that he was an overstayer for a period of time. That may have knock-on implications for any fuuture naturalisation applications as well.

He would be eligible for ILR after either 10 years of continuous legal residence OR five years of residence in the UK after being granted an FLR as the partner of a settled person. Is the settled spouse an EEA citizen or a person on ILR?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Annieng
Newly Registered
Posts: 4
Joined: Tue Aug 31, 2021 4:29 pm
Vietnam

Re: What route to apply after visa granted on long residence

Post by Annieng » Sun Feb 27, 2022 3:35 pm

Hi, his wife was settled on ILR.
Is he able to apply as parent of his British born son though?

secret.simon
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Posts: 11528
Joined: Thu Feb 21, 2013 9:29 pm

Re: What route to apply after visa granted on long residence

Post by secret.simon » Mon Feb 28, 2022 8:23 pm

Annieng wrote:
Sun Feb 27, 2022 3:35 pm
Hi, his wife was settled on ILR.
Is he able to apply as parent of his British born son though?
To the best of my knowledge (and @vinny may be able to advise more in this field), if he is eligible to apply for both the partner and the parent route, he is required to take the partner route.

He can only apply for the parent of a British citizen route if he is not eligible to apply as a partner.

But wait for others to advise further.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: What route to apply after visa granted on long residence

Post by vinny » Mon Feb 28, 2022 11:12 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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