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Settle under Long Residence or Family route?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Alex88
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Settle under Long Residence or Family route?

Post by Alex88 » Sat Oct 17, 2020 2:31 pm

Hi folks,

I hope someone can help me to clarify which route for settlement am I eligible for: Long Residence or Family route?

My visa history:
- moved to UK as a student in September 2009 on Tier 4
- Got Post-Study Work visa in 2011
- Got Tier 2 general from employer in 2013
- Switched to Tier 2 PBS dependant in 2015 (due to the loss of employment)
- Switched to ECAA (Turkish Worker) dependant in 2016
- Switched to dependant of Settled person in 2019. (currently valid)

As you can see I've already reached an eligibility to apply for Long Route settlement by Sep 2020, However I've also been dependant on the same person for the last 5 years but under three different categories, and here I get confused.

In my last letter from Home Office (issued in Oct-19) it's clearly mentioned:"You may be eligible to apply for settlement after completing at least 5 years under this route ( dependant of Settled person)". Obviously I've been dependant on my wife only for 1 year under this route.

:?: Does it mean that my dependant route re-set to zero after I've got my last visa or there is still some way all these three dependant categories of mine can counted towards Family or some other route? :?:

On some old post from here: immigration-for-family-members/dependan ... 43881.html

I've found the following:
"Effect of changes to immigration rules introduced on 06-Apr-14 and qualifying residence period for settlement

PBS dependants of such migrants cannot apply for settlement without switching to FLR(M). Anyone switching to FLR(M) route on or after 06-Apr-14 will be required to spend 5 years on FLR(M) leave with the same partner to be eligible for settlement. In other words, any time spent in the UK prior to grant of such FLR(M) leave will not contribute towards qualifying residence period for the purpose of settlement. More simply, the dependant's ILR count is reset to zero."

I just want to confirm that Long Residence is the only eligible way for me to settle in Oct-2020 and home office won't reject me with wording 'You've selected the wrong route'

I would appreciate all opinions!

Thank you :D

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CR001
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Re: Settle under Long Residence or Family route?

Post by CR001 » Sat Oct 17, 2020 4:03 pm

All visas count for ILR based on long residence. You simply need 10 years of legal stay/residence.

FLR(M) visa reset your 5 years ILR clock.
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seagul
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Re: Settle under Long Residence or Family route?

Post by seagul » Sat Oct 17, 2020 4:08 pm

All visas are counted towards acquiring the ILR under 10 years of long residence route. Therefore, if you had been kept applying in timely (before expiry), and maintained your absence level as per mentioned in below link, then nothing stop you to apply for it.

https://www.gov.uk/long-residence/eligibility
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Alex88
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Re: Settle under Long Residence or Family route?

Post by Alex88 » Sun Oct 18, 2020 6:07 pm

CR001 wrote:
Sat Oct 17, 2020 4:03 pm
All visas count for ILR based on long residence. You simply need 10 years of legal stay/residence.

FLR(M) visa reset your 5 years ILR clock.
Thanks CR! Yeah, I thought the same just wanted to hear more opinions. :)

Alex88
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Re: Settle under Long Residence or Family route?

Post by Alex88 » Sun Oct 18, 2020 6:14 pm

seagul wrote:
Sat Oct 17, 2020 4:08 pm
All visas are counted towards acquiring the ILR under 10 years of long residence route. Therefore, if you had been kept applying in timely (before expiry), and maintained your absence level as per mentioned in below link, then nothing stop you to apply for it.

https://www.gov.uk/long-residence/eligibility
Thanks for your comment seagul! I don't breach any conditions for long residence route application, I just wanted to be 100% sure that I can't be considered for 'Family Route' yet. As home office gives warning on the application form for Long Residence:

If you are the spouse or partner of someone who is settled and currently living in the UK and you have completed the relevant period of continuous leave in the UK using the 'Family Route', you cannot use this form.

but as I found in older answers and CR001 confirmed in the post above my Family Route has been re-set after I got my last visa in 2019, so I can't be eligible for it yet.

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