From 10 year route to 5 year route

[kambohg]

Good afternoon

I was asylum seeker i applied asylum December 2013

And i got status in may 2022

So i am going to complete 10 year this year December 2023

We are 5 3 kids me and my wife

My son is going to be british next year march

Another son going to be british in 2025 apr

One is too young 2 year old

Am i still able to apply for ILR



Kindly advice me

Already spent 10 year on asylum

And now have to spent again 10 yr for ILR


Cant do Uniform jobs bcoz of 2 and half year visa cant get uni loan cant get house please need help thanks

[zimba]

It is not about living here for 10 years. You must have 10 years of continuous and lawful stay. What was your status between 2013 and 2022 ??

[kambohg]

I was student from 12may 2012 to 15 august 3013

Then December 2013 to may 2022 asylum seeker

Now we get status from may 2022 to onward on 7 year child route thanks

One of our family got ILR even they were asylum seeker

After 4 years they applied and got it

Thanks

[zimba]

Did you apply for asylum before your student visa expiry ?? Did you get rejected at any time or ever re-applied ?? Were you given an immigration bail ?? As I said you need continuous lawful residence for ILR under the long residence, excluding any time spent under an immigration bail or any temporary permission

[kambohg]

Thanks for your reply

Nop i was over stayed from august to December
4 months

Then i applied for asylum
Refused so many times

Did fresh claim too

So fight for 8 years on asylum


I was on temporary admission since i was on asylum



But my friend they were too on temporary admission but they got it just 1 month back

Thanks

[zimba]

You do not qualify for ILR under the long residence as you do not have continious lawful residence for 10 years. You can apply for ILR after 5 years under the refugee route

[kambohg]

Thanks Zimba

Can you tell me please what's that route is refugee route

My wife have mantel health issues so she is on pip and i am her carrer and doing 20hrs a week

Am i still able to apply under refugee status after 5 year please kindly share your wisdom with me

It would be your greatness thanks

[zimba]

After you are granted leave under the refugee or humanitarian route, you can settle after 5 years. People who get Discretionary Leave need 10 years to settle. What is your status on your current BRP ?

https://www.gov.uk/settlement-refugee-o ... protection

[kambohg]

We got status on 7 year old child route

Which i think are humanitarian grounds

Do you think ?

Thanks for your time

[zimba]

That is the parent route under the family rules if I am not mistaken,so it is not humanitarian protection. That one requires 10 years of residence for ILR

[kambohg]

Thanks for your help

What other routes i can take on this parents route so we can get ILR any advice

As i explain in my past comment my wife she is getting Pip and i am her carrer too doing 20 hr

Any 5 year route which is for me in this situation

If i am self employed will it help or not tl

Please guide me any shorter route on parents route yo get ILR

Thanks you so much you are an angle

[zimba]

I think it is unlikely that you were granted under the 5-year parent route, so there is no 5 years route for you to apply. Can you provide any details like the information on your latest decision letter ?

[kambohg]

Sure how i can send you that letter can i pm you or just type please advice thanks

[CR001]

You can't pm it. Just type the contents taking out all personal identity type information.

[kambohg]

Dear
Your ASL claim has been carefully considered

However it has been refused

The reason for this can be found in the enclosed reason for refusal latter

It has been decided that you sould be granted leave to remain in the UK on the bases of your family life

Your clim was decided 14.4 2022

You have been granted leave to remain for 30 months

Your leave have to end 10 2024

Here is content of front decision page thanks

Kindly can you please let me know what i can do for what option i have for ILR

[zimba]

I cannot say for sure unless I see the exact paragraphs of the rules they based this decision on. But it is very likely the 10 year family route

[kambohg]

Thank you so much

I will look for it today and update board soon

Thank you so much

[kambohg]

Good evening guys

Sorry for late reply i am sorry i wasn't able to find my paper work as i moved to new house everything was upside down

I have no words to say thanks to you for helping me and guiding me

Here i found paper work and i attached them please have a look thanks

[zimba]

By looking at the rules currently, we can deduce that your leave was granted under the 10-year route:
Here is what paragraph 326B of the immigration rules part 11, says under the procedures for asylum applications:

326B. Where the Secretary of State is considering an application for asylum and/or a claim for humanitarian protection under this Part, she will consider any Article 8 elements of that claim in line with the provisions of Appendix FM (family life) and, for applications made before 20 June 2022, in line with paragraphs 276ADE(1) to 276DH (private life) or, for applications made on or after 20 June 2022, Appendix Private Life (private life) of these Rules which are relevant to those elements unless the person is someone to whom Part 13 of these Rules applies.

source: https://www.gov.uk/guidance/immigration ... -11-asylum

Here is what the 'Guidance on Family life (as a partner or parent) and exceptional circumstances' says:

Asylum/Humanitarian Protection claims
Where a person has made a claim for asylum or humanitarian protection, the Immigration Rules in paragraphs A277C of Part 8 and 326B of Part 11, and paragraph GEN.1.9. of Appendix FM, provide that any Article 8 claim will be considered in line with the 10-year partner or parent routes in Appendix FM and the private life routes in Appendix Private Life (or paragraphs 276ADE(1) to 276DH of the Immigration Rules before 20 June 2022), or the private life route under Appendix Private Life.

source: https://www.gov.uk/government/publicati ... accessible

[kambohg]

Thanks for your reply

Yes we are on 10 year route

Do you think anything letting us for ILR soon or latter but not 10 yr

2nd i got my and my wifes immigration history too

[zimba]

No. You need 10 years of lawful continuous residence to qualify unless you switch to another route like the skilled worker route or any route that allows ILR after 5 years.

[kambohg]

Thank you so much

What if i am doing full time and work as i am allowed to work without any restriction

Do i a have to switch the visa for that or if i can work now full time and earn 18000£ a year and can apply ilr after 5 year

Please advice

[meself2]

Thank you so much

What if i am doing full time and work as i am allowed to work without any restriction

Do i a have to switch the visa for that or if i can work now full time and earn 18000£ a year and can apply ilr after 5 year

Please advice

If you want to apply for ILR after 5 years, you first need to switch to a relevant visa category, for example, for a Skilled Worker visa you need a sponsor (employee which would give you a certificate he'll take you on) and such, apply with a CoS to switch, pay fees and so on.

I'm not sure where did you get 18600 - that's a requirement for someone who wants to be on a British spouse route to be earning and if I understand it right, your spouse isn't British, so bir relevant at all.

If you keep at it, you'll have to get ILR via 10 year route at the moment.

[kambohg]

Thanks for your reply

My son is going to be british Next year
Eldest one
Other one is going to be british in 2025

So does i have to wait for my son's british nationality then home office is going to considered us a British national's dependent am i right ?

[zimba]

Thanks for your reply

My son is going to be british Next year
Eldest one
Other one is going to be british in 2025

So does i have to wait for my son's british nationality then home office is going to considered us a British national's dependent am i right ?

No. There is no path for you to move to a 5-year family route unless your spouse is settled in the UK (granted ILR) or you end up as a parent of a British child with sole responsibility for such child. You were simply granted leave under family rules due to Article 8 considerations as I showed you which puts you under the 10-year path.

You have to switch to other routes like the skilled worker route that offers a path to a 5-year ILR. The disadvantage of such a route is that you will not be allowed to work for anyone other than your sponsor (unlike your current visa)