ILR date for eligibility confusion

[harpreet1316]

Hi
Members
I have 4 questions
1. I have 2 months left for my passport to expire
Can I apply my indefinite leave to remain with this short
Validity passport
2 can we apply indefinite leave to remain with expired passport
3, I apply naturalisation with expired passport
4 can I apply British passport with expired passport
Thanks

[alterhase58]

For Naturalisation:
#3 - you can apply with an expired passport, however you will need to supply documents covering the part of the residency period since expiry date.
#4 - for British passport it will be ok - note that a foreign passport is not a statutory requirement for the BP application, it's the naturalisation document which proves you are a British citizen. HMPO want to see foreign ID documents to ensure that you don't have documents with different names.

[harpreet1316]

Hi
Thanks for the reply really appreciate,
Now coming back to the question 1 - 2 months remain before the passport expires is the validity enough
Question-2 can we apply with the expired passport/0r if the
Application is inside and the passport expires ?
Kindly please some help me this forum have been my
Backbone for the last 15 years now the last leg it’s again
My lifeline

[zimba]

You need a valid passport to apply as per paragraph 34 of the immigration rules. UKVI can exercise discretion as long as 'the applicant' provides a good reason beyond their control why they cannot provide proof of their identity'.

Also, an expired passport is not an issue for Biometrics enrolment as the UKVCAS accepts different ID documents :

Alternative forms of photographic ID may include:

National ID card
Expired (but not cancelled) passport or biometric residence permit or card
Government issued photographic ID such as UK photographic driving licenses (full or provisional)
Convention travel document (CTD), Certificate of identity document (CID) or Stateless person document (SPD).
If you do not have alternative photographic ID:

Bring any other official document that contains your personal details, such as an immigration status document from the Home Office or a full birth certificate

https://www.ukvcas.co.uk/faq

[harpreet1316]

Hi thanks Zumba

Just kindly clearify just the last thing
I have 2 months validity remaining in the passport while I will be making the application with the valid passport.what happens if the passport expires after application is made ,while the application is still pending with home office ?

[Ticktack]

Hi thanks Zumba

Just kindly clearify just the last thing
I have 2 months validity remaining in the passport while I will be making the application with the valid passport.what happens if the passport expires after application is made ,while the application is still pending with home office ?

That doesn't matter. What matters is that the passport was valid when you made the application.

[lolo2]

For your own peace of mind, why you just don't get a new passport before applying for ILR?

[harpreet1316]

Hi
Thanks for all the responses really appreciate that
Now regarding why I can’t apply new passport before renewal
My country of origin have denied my passport as i ma not being able to provide sufficient evidence . It’s complicated I am in this country for 20 years and I have no documents left back home all my previous documents are lost .
Any ways I’ll be applying for indefinite leave to remain with short validity passport as long it’s valid at the time of application
Any further advice is welcome
Thanka

[harpreet1316]

Write brief immigration history
2005 came visitor visa
14-05-2014 granted visa flr fp 10 year route
23-11-2017 2nd extension flr fp route 10 years
30-11-2020 switch flr m five year route
24-05-2023 second flr m extension done

1 I think I have completed 10 year long residency which is the earliest date I can apply
2 set lr form got stuck with this

Date you first entered the UK
When did you first enter the UK?
(Required)
This is the date you entered the UK when the period of stay you are basing this application on started.
Which date should I use 2005 OR 14-05-2016 ?

3 lost my first passport which I entered since 2014 so the new passport issued 2014 don’t have entry stamp

[zimba]

That question is not important and has no effect on your ILR, enter the first date you entered the UK

[harpreet1316]

Hi
I was granted visa on 10 year flr fp route on 14-05-2014
Successfully renewed my last extension on 24-05-2023
Complete my 10year legal stay 14-05-2024

Can I make an application on 10 year long stay on 29-04-2024
As 28 days earlier than as anyway I complete my 10 years on
14-05-2024 my visa is still valid till 2025
Kindly let me know and I have no gaps in my visa all were submitted on time it’s just on of my applications extension home office took one year to respond as usual they do. On for flr fp application

[zimba]

You will be eligible to apply within 28 days of completing your 10 years.
I suggest to apply under 10 year family route: https://visas-immigration.service.gov.u ... t-relative

[harpreet1316]

Hi Zimba
I can’t apply for 10 year family route as I have initial 2 flr fp
2 flr fm last 2 extension were flr fm so it have reset the clock
So I need to apply on 10 year legal stay .
Does the 28 days discretion apply on 10 year legal stay as well as I have still valid flr fm till 2025

[zimba]

Hi Zimba
I can’t apply for 10 year family route as I have initial 2 flr fp
2 flr fm last 2 extension were flr fm so it have reset the clock
So I need to apply on 10 year legal stay .
Does the 28 days discretion apply on 10 year legal stay as well as I have still valid flr fm till 2025

You're mistaken. Clock reset is only relevant if you want to apply for ILR under the 5-year route. The 10-year route can be a combination of ANY provision of the family route. The 28-day concession applies to ALL the ILR applications regardless of the route

[harpreet1316]

Hi Zimba
Double checking do I need to fill set LR or Set M

Write brief immigration history
2005 came visitor visa
14-05-2014 granted visa flr fp 10 year route
23-11-2017 2nd extension flr fp route 10 years
30-11-2020 switch flr m five year route
24-05-2023 second flr m extension done

29-04-2024 apply for indefinite leave to remain which for
Set LR or set M ?
Thanks

[harpreet1316]

Hi Zimba
Immigration board was having some technical problems befor
With all due respect I want to understand few things
Yu gave me a link which is on family route
But looking at present I’m on flr m route which qualifies me
To indefinite leave to remain in 2025 complete my 5 years
But 14-05-2024 I complete my 10 years legal stay
Combining flr fp and flr fm don’t I fall under the category of
Long residence rather than 10 year family route
As when i switch flr fp to flr fm i automatically got transferred into 5 year route ?
Hope any of these makes sense
Should I apply set LTR or 10 year family route (basically which is flr fp which I’m not in at the moment)

[zimba]

FLR(M) and FLR(FP) are just immigration forms !
BOTH lead to the grant of leave under different provisions of the family rules, normally D-LTRP.1.1 for the 5 year route and D-LTRP.1.2 for the 10 year route. If you spent 10 years under the family route in total, you should be able to get ILR under the 10 year FAMILY route. As you will see below the 5 year route is limited but the 10 year route covers ALL provisions for settlement.

The 5-year route is when entry clearance is granted under D-ECP.1.1 or limited leave granted under D-LTRP.1.1 or combinations of the two:

D-ECP.1.1. Except where paragraph GEN.3.1.(2) or GEN.3.2.(3) of this Appendix applies, an applicant who meets the requirements for entry clearance as a partner (other than as a fiancé(e) or proposed civil partner) will be granted entry clearance for an initial period not exceeding 33 months, and subject to a condition of no recourse to public funds, and they will be eligible to apply for settlement after a continuous period of at least 60 months in the UK with leave to enter granted on the basis of such entry clearance or with limited leave to remain as a partner granted under paragraph D-LTRP.1.1. (excluding in all cases any period of leave to enter or limited leave to remain as a fiancé(e) or proposed civil partner); or, where the applicant is a fiancé(e) or proposed civil partner, the applicant will be granted entry clearance for a period not exceeding 6 months, and subject to a prohibition on employment and a condition of no recourse to public funds.

Here are the rules for ILR under the 5-year route:

E-ILRP.1.3. (1) Subject to subparagraph (2), the applicant must, at the date of application, have completed a period of continuous residence in the UK of at least 5 years (60 months) with the following:
(a) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1; or
(b) limited leave to remain as a partner granted under paragraph D-LTRP.1.1; or
(c) a combination of leave under (a) and (b).

The 10-year route is when entry clearance is granted under D-ECP.1.2 or D-ECP.1.1 or limited leave is granted under D-LTRP.1.1 or D-LTRP.1.2.
This means combinations of all these, so under the 10-year route ALL provisions will count:

D-ECP.1.2. Where paragraph GEN.3.1.(2) or GEN.3.2.(3) of this Appendix applies, an applicant who meets the requirements for entry clearance as a partner (other than as a fiancé(e) or proposed civil partner) will be granted entry clearance for an initial period not exceeding 33 months, and subject to a condition of no recourse to public funds unless the decision-maker considers, with reference to paragraph GEN.1.11A., that the applicant should not be subject to such a condition, and they will be eligible to apply for settlement after a continuous period of at least 120 months in the UK with leave to enter granted on the basis of such entry clearance or of entry clearance granted under paragraph D-ECP.1.1. or with limited leave to remain as a partner granted under paragraph D-LTRP.1.1. or D-LTRP.1.2. (excluding in all cases any period of leave to enter or limited leave to remain as a fiancé(e) or proposed civil partner); or, where the applicant is a fiancé(e) or proposed civil partner, the applicant will be granted entry clearance for a period not exceeding 6 months, and subject to a prohibition on employment and a condition of no recourse to public funds.

https://www.gov.uk/guidance/immigration ... ly-members

[harpreet1316]

Hi Zimba
I don’t want to be irratating but just want to to be assure
As you have seen I have spent 10 years legally on familyroute
So will it makes any difference if I use SET LR or 10 years on family route both are same or does it makes any difference?
Kindly let me know plz

[zimba]

The long residence is a separate route with separate requirements. The choice is yours

[harpreet1316]

Hi zimba
I tried checking both forms online unfortunately I don’t find
Any difference in both I fortunately qualify in all aspects in regards of financial or relationship
I switched from flr fo to flrm was that home office was treating flr fp applicants as criminals they extended my visa after a year so I switched on to flrm
Now lastly without being annoying thanks for your patience
I qualify in both categories and I’ll will be applying for super priority (regardless I have to wait)
Which would route will be more straightforward ( not be treated like flr fp time)
Set Lr or family route
And lastly even if I choose any route I’ll be choosing
Right approach
Thanks

[zimba]

Again, the choice is yours. Neither route has financial requirements at all. Note that the long residence rules have recently changed and if you do NOT have full 10 years of lawful residence, your ILR will be refused

[harpreet1316]

Hi zimba
I made an application on 10 year route using Set LR
Just wanted to be assured that the new rules below if it’s applied to me or not
My last visa flrm was issued on 24-05-2023 so seems I’m exempt from 12 months restrictions can you let me know
I’m bit stressed I have already paid the fees


Appendix Long Residence includes a policy change whereby applicants must have had their current permission for one year (or have been exempt from immigration control within the 12 months immediately before their application) to qualify for settlement on this route. This aligns the requirements of this route with wider requirements for settlement.

Since 11 April 2024, the following rule has therefore been introduced into the Long Residence Immigration Rules:

LR 11.3. Subject to LR 11.4, the applicant must have had permission on their current immigration route for at least 12 months on the date of application, or have been exempt from immigration control in the 12 months immediately before the date of application.

LR 11.4. If the applicant’s current permission was granted before 11 April 2024, LR 11.3. does not apply.

[zimba]

That requirement does not apply to you