10 Year Route

Hi,

I hope someone can help me with some advice.

My mother has been in the UK since 2006, we were here legally from 2006 to 2008 and then we were tricked by my father who said he applied for an extension visa but had not so we lived illegally in the UK from 2008 to 2012 (Unknowingly).

On 13th June 2013, my mother was given a limited leave to remain visa again as a partner, another visa was given on 4th April 2016 titled 'Grant of Leave to Remain 10-year partner route'. Other visas were granted legally from that point onwards until now.

My question is, did my mother's 10 years of continuous and legal stay in the UK begin in 2013 or 2016? I am confused as the letter for limited leave to remain from 2013 is not labeled as a 10-year route visa on the letter but was still given on grounds that she has a British partner.

If this started in 2013, is she able to apply for indefinite leave to remain from June 2023?

All of my siblings and my father have British citizenship.

Any help would be appreciated, thank you!

Sley2001 wrote: ↑

Sun Nov 06, 2022 3:23 pm

Hi,

I hope someone can help me with some advice.

My mother has been in the UK since 2006, we were here legally from 2006 to 2008 and then we were tricked by my father who said he applied for an extension visa but had not so we lived illegally in the UK from 2008 to 2012 (Unknowingly).

On 13th June 2013, my mother was given a limited leave to remain visa again as a partner, another visa was given on 4th April 2016 titled 'Grant of Leave to Remain 10-year partner route'. Other visas were granted legally from that point onwards until now.

My question is, did my mother's 10 years of continuous and legal stay in the UK begin in 2013 or 2016? I am confused as the letter for limited leave to remain from 2013 is not labeled as a 10-year route visa on the letter but was still given on grounds that she has a British partner.

If this started in 2013, is she able to apply for indefinite leave to remain from June 2023?

All of my siblings and my father have British citizenship.

Any help would be appreciated, thank you!

Would say 2013 if she had no break by the time the 2016 10yr route was granted.
ILR on the basis of LR

Hi,

Thank you for your reply.

I have another question which I would like to ask. My Father has acknowledged that my mother would be eligible for indefinite leave to remain soon but has already said that he refuses to provide any of his documents for her to apply for indefinite leave to remain in June/July. (He is using her immigration status as a way to control her)

Her most recent visa was labelled 'granted under the immigration rules for a family member as a partner on the 10-year route to settlement'.

My question is, would she be able to apply for IRL without any of his documents?

AmazonianX wrote: ↑

Mon Nov 07, 2022 5:08 am

Sley2001 wrote: ↑

Sun Nov 06, 2022 3:23 pm

Hi,

I hope someone can help me with some advice.

My mother has been in the UK since 2006, we were here legally from 2006 to 2008 and then we were tricked by my father who said he applied for an extension visa but had not so we lived illegally in the UK from 2008 to 2012 (Unknowingly).

On 13th June 2013, my mother was given a limited leave to remain visa again as a partner, another visa was given on 4th April 2016 titled 'Grant of Leave to Remain 10-year partner route'. Other visas were granted legally from that point onwards until now.

My question is, did my mother's 10 years of continuous and legal stay in the UK begin in 2013 or 2016? I am confused as the letter for limited leave to remain from 2013 is not labeled as a 10-year route visa on the letter but was still given on grounds that she has a British partner.

If this started in 2013, is she able to apply for indefinite leave to remain from June 2023?

All of my siblings and my father have British citizenship.

Any help would be appreciated, thank you!

Would say 2013 if she had no break by the time the 2016 10yr route was granted.
ILR on the basis of LR

Hi,

Thank you for your reply.

I have another question which I would like to ask. My Father has acknowledged that my mother would be eligible for indefinite leave to remain soon but has already said that he refuses to provide any of his documents for her to apply for indefinite leave to remain in June/July. (He is using her immigration status as a way to control her)

Her most recent visa was labelled 'granted under the immigration rules for a family member as a partner on the 10-year route to settlement'.

My question is, would she be able to apply for IRL without any of his documents?

Hello,

I am posting here on behalf of my mother and I am in desperate need of legal advice.

My mother has been in the UK since 2006, we were here legally from 2006 to 2008 and then we were tricked by my father who said he applied for an extension visa but had not so we lived illegally in the UK from 2008 to 2012 (Unknowingly).

On 13th June 2013, my mother was given a limited leave to remain visa again as a partner, another visa was given on 4th April 2016 titled 'Grant of Leave to Remain 10-year partner route'. Other visas were granted legally from that point onwards until now.

She will complete her 10 years of legal residence on 13th June 2023, my father knows this and has already said that he will not provide any of his documents to her for the application and does not want her to be able to gain indefinite leave to remain. He uses her visa status as a way to control her.

My question is, can my mother still gain IRL without my father's documents?

Her most recent 2.5-year visa was granted on the basis of 'Immigration rules for Family Member as a partner on the 10-year route to settlement'. She has 4 children who are all British citizens, the youngest being 11, 15, 18 and the eldest (myself) being 21.

There's a way to apply for ILR in person's own right after 10 years in the UK - long residence.
If we're looking at the guidance for FLR(FP), it allows for that:
https://www.gov.uk/guidance/immigration ... amily-life

Alternatively, partners, parents and their dependent children may qualify for settlement on the basis of 10 years Long Residence in the UK, under paragraphs 276A to 276D or 298 of the rules.

However, since I'm unsure, you're better off waiting for another forum member to confirm or deny my statement.

She would need to satisfy English and Life in the UK requirement, so that's something to get ready before the application.

The long residence ILR application requires NOTHING from a partner. If someone resides lawfully and continuously in the UK for 10 years, they will be eligible to apply for ILR on their own. Your mother needs NOTHING from your father. She applies on her own and needs to qualify on her own

AmazonianX wrote: ↑

Mon Nov 07, 2022 5:08 am

Sley2001 wrote: ↑

Sun Nov 06, 2022 3:23 pm

Hi,

I hope someone can help me with some advice.

My mother has been in the UK since 2006, we were here legally from 2006 to 2008 and then we were tricked by my father who said he applied for an extension visa but had not so we lived illegally in the UK from 2008 to 2012 (Unknowingly).

On 13th June 2013, my mother was given a limited leave to remain visa again as a partner, another visa was given on 4th April 2016 titled 'Grant of Leave to Remain 10-year partner route'. Other visas were granted legally from that point onwards until now.

My question is, did my mother's 10 years of continuous and legal stay in the UK begin in 2013 or 2016? I am confused as the letter for limited leave to remain from 2013 is not labeled as a 10-year route visa on the letter but was still given on grounds that she has a British partner.

If this started in 2013, is she able to apply for indefinite leave to remain from June 2023?

All of my siblings and my father have British citizenship.

Any help would be appreciated, thank you!

Would say 2013 if she had no break by the time the 2016 10yr route was granted.
ILR on the basis of LR

Stated in earlier reply that ILR LR is way to go. With this she qualifies in her own right I.e. does not require father providing documents to support her application.
Also ILR LR requires minimum documentary evidence to be supplied.

Hi,

I have posted in this forum a lot and received some great help from people.

My mum has been in the UK continuously since 2006 but due to the issue of overstaying (unknowingly due to my abusive father) she was granted a limited leave to remain on June 13th 2013 as a partner under the reason that she has British children so it would be unreasonable for her to leave the UK.

I have continuously renewed her visa and made sure no more overstaying has occurred, in 2016 she was granted a 10 year partner route visa. Again this is something I have renewed for her continuously.

In October 2022 she was granted another 30 months extension to her visa under the same 10 year partner settlement route and her visa expiration date showed as the end of December 2024.

The problem now is, would she qualify to apply for indefinite leave to remain in June 2023 under the long residence route? and is so does that mean her current visa which was granted for 30 months expires when she completes these 10 years of continuous stay? or does the visa remain valid for the whole 30 months.

I also have another issue, my father is both mentally and physically abusive of my mother, I support her and my siblings financially and my father does not give her or us any money, we do however live with him in the same household. Recently, he has take my mother's biometric card and national insurance number and hidden them from her. He has also threatened to call the home office to cancel her visa to get her deported from the UK.

He has always been abusive and this has gone on since 2006 but he has trapped my mother with the idea of sending her away from her children through deportation if she speaks. She has 4 British children including myself (2 are under 18).

What are our options? I am too poor to seek legal advice and I need to resolve this issue.

zimba wrote: ↑

Mon Feb 06, 2023 1:35 am

The long residence ILR application requires NOTHING from a partner. If someone resides lawfully and continuously in the UK for 10 years, they will be eligible to apply for ILR on their own. Your mother needs NOTHING from your father. She applies on her own and needs to qualify on her own

I understand but I just need answers to a few of my other questions.

I hope someone may be able to help.

Sley2001 wrote: ↑

Tue Apr 18, 2023 1:21 pm

I understand but I just need answers to a few of my other questions.

I hope someone may be able to help.

She qualifies for ILR when she has 10 years, under the long residence. That does not mean her visa magically expires when she gets there. Her visa remains valid until the expiry date or until she is granted ILR. Your abusive father and his threats cannot prevent her from getting ILR as explained to you previously, even without a BRP. That is not important

Is it possible for him to request the home office to cancel her current visa?

Will the home office notify us if this happens?

I am attempting to get an exemption for her from the KOLL as she is severely mentally impaired as a result of years of abuse. The doctor has refused to fill the form out citing that it is not their responsibility to fill out forms like this, is there any guidance you can give me on this?

Your father has no power to do anything. The rules do not work like that. You do not get to call up UKVI and cancel someone's visa. The doctor needs to fill out the waiver form or else she will face issues.

Thank you so much Zimba!

You have helped me so much! if there is any way I could return the favour please let me know.

I will probably switch her doctor surgery as they are refusing to do any forms, they said it is not down to the belief that does not have a long term mental illness but it is down to the fact that they simply do not think it is their place to fill this form out which is odd.

Hello,

I recently submitted an application for ILR for my mum who has been in the UK since 2006 and suffers from long term mental health issue including serve depression and anxiety.

She unknowingly illegally overstayed in the UK between 2010 and 2012 due to my abusive father and was granted a limited leave to remain in 2013 again, after that in 2016 she was put on the 10 year spouse visa route which would complete in 2026 but in June 2023 she completed her 10 years continuous and legal stay in the UK so we could submit for IRL on the long term route which we did.

The KOLL form was filled in by a private GP who assessed her thoroughly and determined that she was unfit to sit the test, the application was sent through a lawyer and we chose super priority service to get a quicker decision.

She submitted her fingerprints on Thursday 27th July and on Friday 28th July we received an email saying that the application would take longer than expected. I am very worried about the outcome of the waiver, if it is not granted then what would happen to my mum's ability to reside in the country? She has two British Children under the age of 18 and on the application for ILR we put that she has separated from my father.

Is anyone able to share some insight with me on this? Is it usual for these types of applications to be delayed or is this a bad sign?

Sley2001 wrote: ↑

Sun Jul 30, 2023 10:38 am

what would happen to my mum's ability to reside in the country?

She can still extend her spouse visa, ILR application doesn't cancel current leave.

Sley2001 wrote: ↑

Sun Jul 30, 2023 10:38 am

Is it usual for these types of applications to be delayed or is this a bad sign?

It's not even delayed, really - just put back on the Standard service route. There's a lot for caseworker to process/make sure/etc, so no surprise they couldn't make the decision in one day.

at the time of application, she had a valid spouse visa which was granted in October 2022 and would run until 2024. We put down in the ILR application that she was separated from my father, would she still be able to extend the visa then?

Sley2001 wrote: ↑

Sun Jul 30, 2023 10:38 am

Hello,

I recently submitted an application for ILR for my mum who has been in the UK since 2006 and suffers from long term mental health issue including serve depression and anxiety.

She unknowingly illegally overstayed in the UK between 2010 and 2012 due to my abusive father and was granted a limited leave to remain in 2013 again, after that in 2016 she was put on the 10 year spouse visa route which would complete in 2026 but in June 2023 she completed her 10 years continuous and legal stay in the UK so we could submit for IRL on the long term route which we did.

The KOLL form was filled in by a private GP who assessed her thoroughly and determined that she was unfit to sit the test, the application was sent through a lawyer and we chose super priority service to get a quicker decision.

She submitted her fingerprints on Thursday 27th July and on Friday 28th July we received an email saying that the application would take longer than expected. I am very worried about the outcome of the waiver, if it is not granted then what would happen to my mum's ability to reside in the country? She has two British Children under the age of 18 and on the application for ILR we put that she has separated from my father.

Is anyone able to share some insight with me on this? Is it usual for these types of applications to be delayed or is this a bad sign?

You started a new post again which removes the context of her situation and previous advice you have received. I have now merged this with your previous post and the advice given to you. Please keep posting ONLY in this thread to keep the history of this case very clear and to receive proper advice.

You should not catastrophise. An application being delayed is not a bad sign and you should wait to hear back. The fact that she has separated from your father is irrelevant for ILR under the long residence, as I previously told you several times. Her visa remains valid until 2024, unless her ILR is approved which then changes her status. For now, do not worry about the extension

Hello Zimba,

The part about separating from my father would surely affect her status if her ILR is rejected by the home office, that is why I have mentioned this again.

Sley2001 wrote: ↑

Sun Jul 30, 2023 5:46 pm

Hello Zimba,

The part about separating from my father would surely affect her status if her ILR is rejected by the home office, that is why I have mentioned this again.

For now, that is not important as she has a visa until 2024. Unless she gets a divorce, the visa is largely unaffected. Simply being separated does not render her visa invalid

Thank you so much for the knowledge you have given me on this topic.

Sley2001 wrote: ↑

Sun Jul 30, 2023 5:52 pm

Thank you so much for the knowledge you have given me on this topic.

No worries. She has a valid visa and that is all that matters.

Hi Zimba,

Just got news back that the application for ILR was rejected because my mother is undergoing medication and may be well enough to do the KOLL test within the next two years even though the doctor put down that there is uncertainty that she will be able to do the test in the future.

The home office have said that they are treating her ILR application now as a Limited leave to remain and are asking us to pay the NHS surplus charge again even though it was paid on her last application of limited leave to remain which had not run out yet.

My solicitor gave contradicting advice to you and said that the ILR application cancels out her previous Limited leave to remain. Do you think there is anything we can do in this situation?

The exemption under KoLL is only granted if the mental or physical illness is long-term and totally debilitating. Otherwise, it will not be accepted. As I said her current visa remains valid as there is no such retrospective effect under the rules. Your solicitor is flat-out wrong and giving you incorrect advice. I would certainly pressure the solicitor to point out the immigration rules he is basing such rubbish and nonsensical advice on.

This may be the opportunity where you pay the IHS and get her another 2.5 years visa and hope she manages to sit the tests if she gets well enough. IHS must be paid in full for any period of visa being granted. The overlap with her current visa is irrelevant. Also, note that the home office does not have to be flexible to grant ILR (even under human rights claims) as remaining in the UK and protecting people's human rights does not necessarily require ILR. ILR status is only granted if the applicant can satisfy all the requirements.