When to Apply for Long Residence ILR

[SC7423]

Hi Team,
We need a suggestion on applying for ILR under SET(LR).

Our initial Visa Start date is 10/02/2011 and I have travelled to UK on 24/02/2011.
My current Visa end date is 28/02/2021 and we are in ICT visa only in all these years.

Q1. My dependants (Spouse and Kids) travelled after few weeks initially 14/04/2011.
But all of our Visa had start date as same and Current Visa end date is 28/02/2021.

Can they apply considering 11/02/2011 as start of 10 year period as per the guidance saying -
Your 10-year qualifying period starts from either:

when you arrived in the UK with a visa
when you were given permission to stay in the UK

Q2. In the application there is a question asking ' When did you first enter the UK?' - By going guidance can this be Visa Start date or actual entry date i.e entry stamp in passport?

Q3. I am not sure as of now but can all of us apply in one online application ( while paying total fee for all)?

Could you please help me about above queries.

Thanks in advance

[CULLINAN]

For SET(LR) every one qualifies on their own merits mainly when one completes 10 years lawful residence in UK.

You have to note, once you apply ILR via the LR route, your dependents can not settle via the PBS route. Either they have to switch to FLR(M) and meet the visa specific requirements OR qualify on their own for LR (completing 10 years lawful residence).

Since, your dependents are short of 1 month, they will have to switch to FLR(M).

Now, one can argue that they can apply for FLR(M) before visa expiry and later on VARY application to LR when they hit the 10 year mark (if no decision is made on FLR(M) till then).

However, I would not suggest that. Note, once you vary an application in this case, the date of varied application will be taken as the date of initial FLR(M). The CW could argue that they did not meet the 10 years lawful residence on that date (not always but there is a possibility).

Safest would be for them to apply for FLR(M) and then apply for LR once FLR(M) is approved and they hit the 10 years lawful residence. Obviously this is not a cost effective way but the safest.

1) They qualify from 14/4/2011 (first entry date) minus 28 days.

2) Entry date.

3) Everyone applies for SET(LR) on their own right. No one can be added as a dependent.

[SC7423]

Thanks a lot for the reply

This would be very costly approach way. So, Do I have any other option here ?

- This was the actual reason for delay in family's travel is due to some medical condition and was undergoing some tests and treatment.

We have proos like - Doctor report (dated before Visa start date ) indicating on medication and some tests to be done and followed by tests done in those days.

Is there anyway I could take above into consideration ?

Thanks

[poper]

@SC7423,
what's unclear from your post is how long your dependents have been away

[SC7423]

Hi Poper

Visa Start date was 10/02/2011 and enterd UK on 14/04/2011.

After entry into UK only twice they were away (28 + 32 ) and total of 60 days.

Will that help ?

Thanks

[SC7423]

Hi Team

Could you please reply to my latest query ...

Visa Start date was 10/02/2011 and enterd UK on 14/04/2011.

After entry into UK only twice they were away (28 + 32 ) and total of 60 days.

Will that help ?


Thanks

[CULLINAN]

For SET(LR), the time starts from first UK entry. There are other residence requirements also which can be found in the guidance.

https://assets.publishing.service.gov.u ... 6.0ext.pdf

[poper]

If you all are within the absence requirements, then you may all apply under SET(LR).
Remember for SET(LR), each person applies individually. There is no dependent concept in the application.

[CULLINAN]

If you all are within the absence requirements, then you may all apply under SET(LR).
Remember for SET(LR), each person applies individually. There is no dependent concept in the application.

How when OP’s dependent’s current visa expires before they qualify for LR?

[poper]

If you all are within the absence requirements, then you may all apply under SET(LR).
Remember for SET(LR), each person applies individually. There is no dependent concept in the application.

How when OP’s dependent’s current visa expires before they qualify for LR?

Oops... Yes, the dependents fall short by a few weeks.
However, can they apply SET(LR) just before visa expiry and book biometrics after a lag of 30-40 days, in such a way that it falls within the qualification period(28 days before completion of 10 year anniversary counted from the date of entry)
The case worker should then pick "date of decision" as the beneficial date by the below?

https://assets.publishing.service.gov.u ... 2.0ext.pdf

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

[CULLINAN]

The above guidance you quoted applies to 5 year route only. LR guidance specifically states about 10 years lawful residence on the date of application (or within a 28 days concession period).

https://assets.publishing.service.gov.u ... 6.0ext.pdf

[SC7423]

Thansk Poper

That was one big relief to see the explanation on booking Bio metrics after 28 days .
Actually considering Visa end date and 10years -28 days we are short by 20 days only.

But as Cullinan mentioned this guidance is reated to generic ILR and also somewhere it is mentioned as "This guidance does not apply to the continuous period requirement in long residence
cases. See long residence guidance"

So, now I am back to the same confusion .

Also, I tried calling UKVI contact centre to calrify the Guidance --
Your 10-year qualifying period starts from either:
when you arrived in the UK with a visa
when you were given permission to stay in the UK.

But they mentioned we couldn't advice you , do as per your understandign of the guidance

I am looking for a correct explanation of this line in guidance -- > 'when you were given permission to stay in the UK.

Is this not related to Visa start date ?

Thanks

[CULLINAN]

when you were given permission to stay in the UK.

It applies to someone who entered UK illegally without a visa for example and was given permission to stay. So 10 years lawful residence from permission was granted to stay in UK.

PS: UKVI helpline is outsourced to third party and they do not know anything about immigration rules. You may consider to seek legal professional advice.

[SC7423]

Thanks CULLINAN,

If applying for Bio metric dates with 28 days gap is not an Option in our case ... then I think the only way I could see is ..
me applying SET(LR) and by using the Application reference (assuming I may not have a BRP before 28/02) apply for my dependents FLR(M).
and
Apply for their ILR via SET(LR) ... After 1 month.

My only worry now is moving to FLR(M).. will that have any Problem when we calculate SET(LR) ?
As per my understanding it shouldn't impact .

Thanks

[CULLINAN]

There is no doubt your dependents will have to switch to FLR(M) before visa expiry (as they do not qualify for LR on date before visa expiry) once you apply for your own ILR via LR.

I have already explained what could go wrong if you VARY their FLR(M) later on once they complete 10 years to LR. The CW could argue that the date of varied application is the date of initial application when they did not qualify for LR (not always but possible).

In my opinion the safest option is to wait till FLR(M) is approved first and only then apply for SET(LR). Obviously as I said, this is not a cost effective approach unfortunately.

Their FLR(M) will be approved only if your own SET(LR) is approved first.

The above is my personal opinion/understanding. Others may or may not agree and may offer other options.

You have to make your own informed decision.

[SC7423]

- Posting this on my Thread as earlier I was asking this on some others thread -

HI,

My situation is- I am applying for SET(LR) applicaton and as my family is short of 1 month to LR qualifying period as per suggestions from this forum , I would be applying FLR(M) for my family.

I have following questions -

1. Will this FLR(M) reset their ILR qualification to 0 ? I mean can they apply ILR using SET (LR) once they receive their FLR (M) decission , as by then they qualify for 'Long residence ' ?

2. Once we apply for FLR(M) , looking at the timelines it will take if we don't receive a decission in 2 months ... as by then they qualify for SET(LR) .. is it possible to VARY the FLR(M) Application to SET(LR)?

If Yes, how could we do that ? Also, the fee amounts are different in both cases .

3. Though it was answered in earlier thread for me (thanks for that) - Once again if the difference to qualifying period (i.e 10 Years -28 days ) is 24 days short , what is the best option to follow.

Thanks A Lot for all the information in this forum

[zimba]

1. Switching to FLR(M) does NOT affect ILR under the long residence as ALL visas count.

2. Yes. You should pay in full for the new ILR application and you'll receive a refund for your previous application later

3. Apply early and book your appointment when you are within the qualifying period

[SC7423]

Thanks Zimba,

One additional question -

For FLR application - DO we need to complete Biometrics ? As the plan is to submit SET(LR) once we complete/ reach qualifying period and complete Biometrics .

[zimba]

Thanks Zimba,

One additional question -

For FLR application - DO we need to complete Biometrics ? As the plan is to submit SET(LR) once we complete/ reach qualifying period and complete Biometrics .

Biometrics must be enrolled within a given timeframe to prevent an application from being returned as invalid

[SC7423]

Thanks Zimba, for all the guidance.

[SC7423]

While applying FLR application for my family following are questions we have, I want to know is it correct to enter as below or not -

Question - What is your partner's basis for living in the UK? -- Chosen --> Settled in the UK

Question - What type of visa or leave did your partner use as the basis of their settlement?

Entered as ---> ILR - Long residence Route


Question - Date settlement obtained

Enter date in the format DD MM YYYY --- Entered Application submission date.

Please suggest, Thanks in advance.

[CR001]

You should post your FLR M questions in the family immigration sub forum, link below. These questions are not relevant to the ilr sub forum or your ilr topic.

immigration-for-family-members/