ILR Long Term Residence Route

[Vin2020]

Hi Admin,

My case is also similar.
1. I came to UK on tier2 ICT on 05th Dec 2010 and my wife and my first Son on 12th March 2011.
2. Now all 3 of us will complete 10years and I have visa till Nov 2021.
3. My wife along with first son went to India for 2nd kid in India for almost 300 days but visited back here for 3 weeks to break that 180 days continuous stay outside UK. Now if we calculate they were out of country for almost 650 days including all holidays to India, but their visa is always continuous. Will they get ILR?
As they have completed 10 years continuous, can I apply for ILR based on absense reason for pregnancy or will they be able to apply for extend option in Long residence if we don't meet that 540 days? If possible explain what's this extend in LR, they say if you dont have anyone you can extend is it we have stayed 10 years and dont have that 540 days, life in UK or B1 English test?
4. In case if only I apply for ILR, as my first son completed 10 years and with 650 days gap can he apply with me if his mom cant apply?
5. Also suggest options for my second son.

Thanks

[CR001]

Your dependents don't qualify for ilr until march 2021 IF they meet the requirements, which they don't. They don't have enough visa to get to that even if they qualified.

They have exceeded the 10 year limit for absence of 540 days in the whole 10 years. Any single absence of 180 days also breaks continuity.

Reason of pregnancy for absences won't be accepted as exceptional or compassionate unfortunately.

Your some cannot apply as a dependent with you. Each applicant applying for 10nuears long residence must meet the ILR requirment individually and apply on their own.

Your second son born abroad will qualify for ilr on form set f only once both parents have ilr.

[Vin2020]

Thanks Admin any idea on ILR extend can be applied for my family? As in 2022 they will reduce the absence to 540 days. I need one year extension, then can apply for ILR. If I apply for FLRM then the clock will reset and I need to shell out huge amount for 3 dependents.

[CR001]

FLR(M) only resets the 5 year ILR clock and NOT the 10 year long residence ILR clock.

[Vin2020]

Thanks.

What's this Apply to extend in ILR LR, can my wife and kids apply on that? As they have completed 10 years and only need to reduce the absence to 540 days?

Cheers,

[CR001]

Yes, they could apply for FLR(LR), each submitting their own application individually if all your dependents have 10 years long stay but don't meet the requirements for ILR.

It is a two year visa.

[Vin2020]

Ohh thanks that's a big relief. My wife and elder Son have 10 years of visa. But my younger son is 2 years this month, what should I apply for him? By the time I would have applied ILR and my wife on this FLR(LR) can I apply ILR for my second son?

Just one more clarity on FLR LM(Apply to Extend)
In UKBA website below the requirement Life in UK and English they say if you dont meet any of these 2 you can Apply to extend. Is it only for life in UK or English, Or is it even for we have 10 year visa and either we're out for more than 540 days or more than 180 days continuous (180 days is not my case it may be useful to others)

Cheers

[Vin2020]

Hi Admin,

Any update on the above query please.

Cheers

[Vin2020]

Hi Admin, Can you please answer me this questions.
1. My wife and elder Son have 10 years of visa. But my younger son is 2 years this month, what should I apply for him? By the time I would have applied ILR and my wife on this FLR(LR) can I apply ILR for my second son? Or same visa with my wife or FLR(M)

2. Clarification required on FLR LM(Apply to Extend)
In UKBA website for FLR(LR) requirement Life in UK and English they say if you dont meet any of these 2 you can Apply to extend. Is it only for life in UK or English, Or is it even for we have 10 year visa and we're out for more than 540 days?

Cheers

[zimba]

Yes, they could apply for FLR(LR), each submitting their own application individually if all your dependents have 10 years long stay but don't meet the requirements for ILR.

It is a two year visa.

Also:
https://www.gov.uk/government/publicati ... form-flrlr

Use form FLR (LR) to apply online if you have permission to stay in the UK and want to extend your stay on the basis that you have lived in the UK lawfully for a minimum of 10 continuous years.

[Vin2020]

Thanks it will be eligible for my spouse and elder son, what visa for my younger son who's 2 years old? Can he apply for same visa with his Mom or should we apply FLR(M)

[zimba]

Thanks it will be eligible for my spouse and elder son, what visa for my younger son who's 2 years old? Can he apply for same visa with his Mom or should we apply FLR(M)

I would say FLR(FP) then SET(F) for ILR

[CR001]

Thanks it will be eligible for my spouse and elder son, what visa for my younger son who's 2 years old? Can he apply for same visa with his Mom or should we apply FLR(M)

He can apply for ILR on form SET(F) once both parents have ILR.

[Vin2020]

My second son visa will complete 3 years by next year. I will apply ILR and my wife will apply FLR(LR).
Can he still apply for ILR on for for SET(F). If so then it will not be same for my elder son also?

Cheers

[zimba]

Did you miss this ??!!!! SET(F) only applies when both parents have ILR

Thanks it will be eligible for my spouse and elder son, what visa for my younger son who's 2 years old? Can he apply for same visa with his Mom or should we apply FLR(M)

He can apply for ILR on form SET(F) once both parents have ILR.

[Vin2020]

I did get the point both should have ILR.
My doubts was on FLR(LR) which says ILR extend on the gov.uk, so is FLR(LR) is also considered as settled/ILR?

[CR001]

so is FLR(LR) is also considered as settled/ILR?

No it is not! It is simply another 2 year visa.