Settlement - which route?

[coco__nutty]

Hi everyone,

Looking for some guidance and would really appreciate your input.

Right now I am in a position to apply for ILR under either the spouse visa (I’ve completed two ‘cycles’ of applications following our wedding in 2013) or the Long Residence route.

Am I correct in understanding that the LR route is a much easier and straight-forward way to apply or am I being misled by how easy it appears?
The price is the same, so it’s just going to be about the easier of the two.

If I can answer any questions about our circumstances to establish, which actually is the more straightforward way, I’ll gladly do so.

Thanks in advance!

[CR001]

Long residence has no financial requirement and requires less documents if you meet all the requirements.

[pmetliam]

Long residence has no financial requirement and requires less documents if you meet all the requirements.

Sorry but what is long residence route ?

[CR001]

Long residence has no financial requirement and requires less documents if you meet all the requirements.

Sorry but what is long residence route ?

10 year long residence ILR. An applicant must have 10 years of legal stay.

[coco__nutty]

Long residence has no financial requirement and requires less documents if you meet all the requirements.

Great!

Thanks, looked everything out today and I’m going for the LR route.

I came here on a study visa in 2003, unfortunately, decided to leave the country to apply for ‘extension’ in 2008 - as I wanted to have a summer holiday instead of waiting on a decision in the UK - which re-set my clock.
So anyway, back to student visa from 2008, which is when my ‘10 years’ starts from, the PSW, then spouse. I reached 10 years in February and have all my passports for the duration of stay here.

Am I correct in thinking all I need is:
Passports for the 10 years showing legal stay
Life in The UK
Uni Degree (language element)

Thanks!

[CR001]

How long was your absence in 2008 between visas?

[coco__nutty]

How long was your absence in 2008 between visas?

I left here on the last day of validity - 31.10.2007 and was back 01.02.2008 (first day of validity)
It was a new visa application and I have been told by HO that this had restarted my LR term...

[CR001]

No it hasn't. If you left with a valid visa and applied for a new visa abroad and re entered the UK within 180 days, there is no break in continuous residence.

[coco__nutty]

So I was advised incorrectly at the point of applying for my FLR(M) extension in 2015 and could have applied for SET(LR) then!

Guess, this only makes my ‘case’ stronger?...
Very frustrating though

[CR001]

Was it the call centre that advised you??

Home office caseworker guidance in link below., clearly explains the scenarios where residence is not broken.

https://www.gov.uk/government/publicati ... -residence

[coco__nutty]

It was!

I called because I’d requested the Freedom of Information pack - to back up my lack of extensive absences from the country - and when the file came in, it only started in 2008.

When I enquiries why, this was the explanation given...
I’ll put this in my covering letter and include the passport that covers that period too. This means I have continuous 15 years here now

[CR001]

Call centre is outsourced, often giving out incorrect information. The link I provider explains continuous residence well.

[coco__nutty]

Thanks so much for your help and your time - wish I’d mentioned this back in 2015

[CR001]

We learn as we go, life's little mistakes.

Feel free to ask anything further.

[coco__nutty]

Hiya,

I am completing the form now and B12 has me puzzled - I am married to a British citizen, what evidence would be applicable here and is it at all required, given I am applying based on LR?..

[coco__nutty]

A respectful *bump*

Same question for the child - he is a 2 year old British National, born here, in the UK. His father/my husband is a British National by birth also.
Do I need to provide evidence of co-habitation?...
I have provided a recent letter from our mortgage provider as part of the ‘Additional’ documentation pack, also a marriage and birth certs and both their passports.

[CR001]

Page 63 and 64 of the FLR(M) spouse visa form gives good examples of cohabitation documents.

https://assets.publishing.service.gov.u ... -04-18.pdf

[coco__nutty]

Thank you - I just wondered how applicable this is in this case, where I am not applying based on my marriage?..
So I still need to submit evidence of cohabiting over the 10 year period, or since the start (we moved in together in 2007...
And also for our son - at 2 he doesn’t have any mail sent to our address, so we couldn’t really ‘prove’ he lives with us...