ILR eligible?

[corasson]

Evening everyone,

Please need some advices.

A good friend of mine was first given 30 months leave to remain on 5 years parent route. Then at extension he was given another 30 months under 10 years parent route (we didn't understand the reasonwhy he was given under 10 years, he met all the criteria for the 5 years route but still was granted under 10 years route. Last year at extension he was given another 30 months under 5years parent route.

Now my query is , can he apply for indefinite leave to remain at the end of his last extension since he has completed 2×30 months in both 5 years route, despite the 10 year route that was given aswell.

Thanks in advance.
C

[TODMATT]

Evening everyone,

Please need some advices.

A good friend of mine was first given 30 months leave to remain on 5 years parent route. Then at extension he was given another 30 months under 10 years parent route (we didn't understand the reasonwhy he was given under 10 years, he met all the criteria for the 5 years route but still was granted under 10 years route. Last year at extension he was given another 30 months under 5years parent route.

Now my query is , can he apply for indefinite leave to remain at the end of his last extension since he has completed 2×30 months in both 5 years route, despite the 10 year route that was given aswell.

Thanks in advance.
C

No he can't because when he was granted under the 10 years route, his clock was reset which means he will need to complete 10 years in the UK under that route to be granted ILR through SET LR however since he was granted under the 5 years route again, he will need to complete 5 years in the UK to apply for ILR but at this stage it won't make any difference since he was give 2.5(5 years route) + another 2.5(10 years route) + 2.5(5 years route) = 7.5 years spent in the UK so therefore will need to be granted another 2.5 to complete 10 years residence in the UK so it can be either be granted under 5 years or 10 years route doesn't matter as you will qualify for ILR under SET M OR SET LR depending on which route the future leave was granted.

[corasson]

Oh well,

Very ennoying and costly.

Thanks

[vinny]

(we didn't understand the reasonwhy he was given under 10 years, he met all the criteria for the 5 years route but still was granted under 10 years route.

He should have questioned them on why they had granted him leave under a ten year route.