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Eligibility for 10 year ILR - and days short

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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jrs1984
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Posts: 70
Joined: Mon May 09, 2016 10:03 pm
Mood:
United Kingdom

Eligibility for 10 year ILR - and days short

Post by jrs1984 » Tue Feb 23, 2021 3:09 pm

Hi Members,

I am finding my eligibility for ILR via 10 year long residence route, and have query around the date of eligibility and 10 days short in completing full 10 year.

Visa 01 Category: Tier 2 ICT Short term staff migrant
Visa validity: 25 Jan 2013 to 24 Jan 2014
Stay in UK on this visa: (Entry) 03 Feb 2013 to (Exit) 10 Jan 2014

Visa 02 Category: Tier 2 ICT Long term staff migrant
Visa validity: 18 Feb 2014 onwards
Enter back in UK: 22 Feb 2014

Switched to Tier 2 ICT Long term staff dependent in Dec 2017 from within UK (no break in continuous residence) and have BRP valid till 23rd Jan 2023.

Queries -
- I read on websites that I will be able to apply up to 28 days prior to 10 year completion (i.e. on or after 06 Jan 2023), but I won't have a valid visa for entire 28 days duration, as I fall 10 days short on 23rd Jan 2023 when my leaves expires to complete exact 10 years when I entered UK first (03 Feb 2013)
- Does my current dependent status prevents me applying as main ILR holder? My wife will be completing 8 years at that time.

- No other break in continuous residence (180/540 days clause)
- No conviction etc.

Thanks.

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CR001
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Posts: 87651
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: Eligibility for 10 year ILR - and days short

Post by CR001 » Tue Feb 23, 2021 3:14 pm

- I read on websites that I will be able to apply up to 28 days prior to 10 year completion (i.e. on or after 06 Jan 2023), but I won't have a valid visa for entire 28 days duration, as I fall 10 days short on 23rd Jan 2023 when my leaves expires to complete exact 10 years when I entered UK first (03 Feb 2013)
It doesn't state anywhere that your visa must be valid right up to the 10 year mark of the date of entry anniversary.
- Does my current dependent status prevents me applying as main ILR holder?

All visas count for long residence ilr.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

jrs1984
Junior Member
Posts: 70
Joined: Mon May 09, 2016 10:03 pm
Mood:
United Kingdom

Re: Eligibility for 10 year ILR - and days short

Post by jrs1984 » Tue Feb 23, 2021 3:26 pm

Thank you CR001.
So does that mean if I apply for super priority visa (1-2 day) on 07 Jan 2023, won't the ILR application be having any issue as when the application is processed, I wont be ready with 10 years, nor I can demo to home office that I can legally stay for 10 year based on my current leave?
Thanks

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CR001
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Posts: 87651
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: Eligibility for 10 year ILR - and days short

Post by CR001 » Tue Feb 23, 2021 4:08 pm

Your overthinking. It's fine.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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