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ILR long residence - eligibility and when to apply

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

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seeweare
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Posts: 45
Joined: Tue Apr 01, 2014 1:40 pm
India

ILR long residence - eligibility and when to apply

Post by seeweare » Wed May 04, 2022 8:44 pm

Hi,

My wife first came to UK on 2nd June 2012 as Tier 2 dependant. Recently she moved onto FLR (M) visa from Jan 2021. She completes her 10 years in UK this year by 2nd June 2022. Could you please help with the following queries:
1) When is the earliest she can apply for long residence ILR? Can she apply 28 days before 2nd June, i.e. 5th May?
2) Is FLR(M) stay counted towards her 10 years stay in the UK?

Thank you.
Regards,
CVR

ywlgy
Senior Member
Posts: 650
Joined: Mon May 03, 2021 5:05 pm
United Kingdom

Re: ILR long residence - eligibility and when to apply

Post by ywlgy » Wed May 04, 2022 10:04 pm

1. Yes
2. Yes
DISCLAIMER: Advice given is based on my past experience and/or my interpretation of Immigration Rules and UKVI documents.

seeweare
Newbie
Posts: 45
Joined: Tue Apr 01, 2014 1:40 pm
India

Re: ILR long residence - eligibility and when to apply

Post by seeweare » Fri May 06, 2022 9:06 am

Thank you.
If applying 28 days earlier.. what should be the answer to the question 'how long have you stayed in the UK' - Is it 9 year 11 months or 10 years?

My wife has spent 530 days outside UK overall in the last 10 years. There is only 10 days left, and I am a bit unsure whether it will have an impact if we put 9 year 11 months as the answer.

Any guidance will be greatly helpful.

Thank you.
Regards,
CVR

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zimba
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Re: ILR long residence - eligibility and when to apply

Post by zimba » Fri May 06, 2022 12:19 pm

You need to apply within 28 days of completing the 10 years. Staring from the first date of entry to UK
The answer to that question is not important. As long as your absences are below 540 days in total you should be ok
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

vinny
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Re: ILR long residence - eligibility and when to apply

Post by vinny » Fri May 06, 2022 12:45 pm

seeweare wrote:
Fri May 06, 2022 9:06 am
There is only 10 days left
If her leave expiring within 10 days, then she should apply before expiry of leave. If she satisfies the requirements on the date of decision, then she should be okay.
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seeweare
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Posts: 45
Joined: Tue Apr 01, 2014 1:40 pm
India

Re: ILR long residence - eligibility and when to apply

Post by seeweare » Fri May 06, 2022 5:01 pm

vinny wrote:
Fri May 06, 2022 12:45 pm
seeweare wrote:
Fri May 06, 2022 9:06 am
There is only 10 days left
If her leave expiring within 10 days, then she should apply before expiry of leave. If she satisfies the requirements on the date of decision, then she should be okay.
Hi, No, her leave not expiring in 10 days. I was just referring to the fact that she has used up 530 days of leave out of 540 limit. Thanks.

seeweare
Newbie
Posts: 45
Joined: Tue Apr 01, 2014 1:40 pm
India

Re: ILR long residence - eligibility and when to apply

Post by seeweare » Fri May 06, 2022 5:01 pm

Zimba wrote:
Fri May 06, 2022 12:19 pm
You need to apply within 28 days of completing the 10 years. Staring from the first date of entry to UK
The answer to that question is not important. As long as your absences are below 540 days in total you should be ok
Thanks a lot for the confirmation :)

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