10 years long residence ILR

[Ranvir]

Entered in UK in 2008 and left by 2012 via ICT Work permit.

Re-entered UK in Nov2014 via ICT Work permit
Changed to Spouse dependent visa on May 2015.
Applied in Mar 2018 after 5 yr based on child 7 year old route (Article 8)
Initially rejected however appealed and all family granted FLR FP.

The Home office letter mentioned they gave us leave to remain on 10 year partner route.

Mean while, wife and kids got ILR through 10 year route of their stay .

Am still on FLR FP visa expiring in Jul 2024 and am eligible for ILR in Nov 2024.

Am working with more than 40,000£ in all my years in UK in a permanent job legally with proper job.

Mom is quite sick back in home country and am nervous if anything happens when I give a long application which would take more time and restricts travel.

Kindly advice :

 The new rule states that FLR 10 years to 5 years. Should I pay for FLR 10 to 5 year switch and pay again within 3 months ?. Basically a new application for FLR. I have english eligibility as I did my masters study.

 My legal entry completes only in Nov 2024 i.e, 10 years stay , is there any way to apply earlier – i.e, 4 months in advance in JUL 2024 when my leave to remain changes.

 Since am 3/4 months short ? can I save on IHS Fees when I apply in Jul 2024.

 I can only legally be eligible for ILR one month in advance i.e, Oct 2024 via 10 Long route.

[zimba]

You will apply for another FLR(FP) before visa expiry using the standard service and delay your biometrics as long as possible (max of 45 working days), hopefully, you get no decision by October and then you can vary your application to SET(LR). This way you may get a refund on the IHS and application fee paid for your FLR(FP).

It might even be possible to apply directly for SET(LR) in July, assuming the gap between the date of your application and the date when your 10 years completed is less than 45 working days + 28 days: How to apply early and benefit from the date of the ILR decision ?

[Ranvir]

Thank you zimba.

My 10 year period completes on 23nov24.

My ict visa from company started on 06nov14 but landed uk on 23nov14.


Can I apply an SET LR application. Even if I calculate 28 days +45 days am still less than the qualifying period.

Can you please advice on this.

As my mom is unwell and I have spent a lot of time travelling being the only and only son it's a challenge for me to spend for flr fp and ilr.

Solicitors are asking me to pay £2299 as there are two applications.

Ideally I would have spent on priority visa as it calms my anxiety and passport is with me in case of any emergency but this is really troubling me . Please do advise.

[Ranvir]

Thank you zimba.

My 10 year period completes on 23nov24.

My ict visa from company started on 06nov14 but landed uk on 23nov14.


Can I apply an SET LR application. Even if I calculate 28 days +45 days am still less than the qualifying period.

Can you please advice on this.

As my mom is unwell and I have spent a lot of time travelling being the only and only son it's a challenge for me to spend for flr fp and ilr.

Solicitors are asking me to pay £2299 as there are two applications.

Ideally I would have spent on priority visa as it calms my anxiety and passport is with me in case of any emergency but this is really troubling me . Please do advise.

[zimba]

Do not waste any money on solicitors. Apply for FLR(FP) and vary the application to SET(LR). You will get a refund for FLR(FP) application.

[Ranvir]

Thanks zimba.

Would it okay if I can apply for SET LR with 5 day priority service . Am 104 days less than the qualifying period.

Will this a huge rejection for SET LR or home office asking to vary my application to FLR FP.


Am keen to have my passport in hand due to my situation back home.

[zimba]

For SET(LR), the UKVI does not offer a 5-day priority service. If you do not qualify as explained above, you should not apply for an ILR application

[Ranvir]

I did check Zimba , I can see there is super priority option for SET LR.

I was thinking as i have 107 days less than qualifying period if they reject and ask for appeal ?. what if they approve. i would be very glad and attend to mother who may undergo an opertion back home in august.


Do i do not have atleast 30% chances of getting ILR ?. Would be a straight refusal ?.

Thanks.

[zimba]

I was not talking about super priority service but the 5-day normal priority service which is not offered for SET(LR). You will have no chance of getting ILR unless you qualify on the date of decision. An appeal right will not be useful at all as the decision to refuse would be correct. This is not a matter of haggling so apply for an extension using standard service and maybe then vary to ILR. The advice remains the same

[Ranvir]

Hi Zimba,

Thank you for your advice.my mom is severely ill and being only son with the family is both killing me with guilt and torn between family spouse and kids here and back home to keep visiting the ailing mom.

I will be applying FLR M this week as my travel is imminent.
I would write to them if they can give me ILR although am 5 months short and also if possible give me ihs refund if that's possible

Am not sure if they will consider these two options but am very very torn and don't know what can I honestly do given the situation back home and finances.

May God have grace on me.

Please respond when you have given some thought about Mom as well. Thank you again.

[zimba]

They will not grant ILR, even if you are eligible. No FLR application leads to ILR. For that, you need to apply for ILR using the relevant form and that could only happen if you qualify. Also why FLR(M) ? You said above you are under the 10-year route.

[Ranvir]

Applying FLR(M) because last time around I have applied for ILR but they gave FLR leave to remain as a partner so I applied FLR (M).

Can I request IHS refund for 6 months. Am not working for NHS. Please let me know .

[Ranvir]

Thanks Zimba. I applied FLRM as my wife is British and we fulfill financial and other criteria. Last time I applied SetLR O, and they gave me leave to remain as partner, which I think was FLRM. I have requested them if not ILR then to grant me visa only for 6 months, to save on IHS fee. This will cover me till Nov2024 and then I can apply for setLR on 10 year?

[CR001]

There is no 6 month visa to save ihs. The visa rules state duration of each visa category.

You CANNOT apply for a visa extension and ask for ILR to be granted instead. They are two completely separate applications. It does NOT work like that!!

[zimba]

Thanks Zimba. I applied FLRM as my wife is British and we fulfill financial and other criteria. Last time I applied SetLR O, and they gave me leave to remain as partner, which I think was FLRM. I have requested them if not ILR then to grant me visa only for 6 months, to save on IHS fee. This will cover me till Nov2024 and then I can apply for setLR on 10 year?

You are again just making assumptions, it is very likely that you are under the 10-year route if you were granted leave after a failed ILR application. Applying now using FLR(M) requires you to meet the appropriate salary/financial requirements as per the rules or you will be back again under the 10-year route. Your application could also be delayed as UKVI needs to give you such an offer.

I repeat that the immigration system and the rules are not open to haggling or requests. You cannot request a 6-month extension or ILR, no such visa or paths are possible. FLR leads to a 2.5-year visa (if eligible) and you need to pay the appropriate IHS fees covering 2.5 years. Soon you will be back here saying your application was delayed and then being confused You need to follow the procedure as they are.

[Ranvir]

Thank you zimba. Am weighing my options here as my mom is declared terminally ill .

It is challenging with finances as am short of only 3-4 months and pay twice both for FLR and ILR . I do need my passport in hand to travel .

My salary got increased recently as well I do meet financial requirements, English test, I have naric certificate ( 3 years ago), IELTS ( 5 yrs ago with band .

[CR001]

Applying for ILR is not mandatory at exactly 10 years. You can apply at any time once you meet the requirements.

I do need my passport in hand to travel .

You cannot travel while you have an application pending with ukvi.

[Ranvir]

Thanks CR001 for my response. I wanted my ILR and also submit my British passport as spouse and kids are British.

Am planning to take a long sabbatical to take care of my ailing parents. Hence I was looking for options and applying for the priority visa.

[zimba]

Thank you zimba. Am weighing my options here as my mom is declared terminally ill .

It is challenging with finances as am short of only 3-4 months and pay twice both for FLR and ILR . I do need my passport in hand to travel .

My salary got increased recently as well I do meet financial requirements, English test, I have naric certificate ( 3 years ago), IELTS ( 5 yrs ago with band .

Extending under the 10-year route is the best and safest option for you.