questions regarding 10 year ILR application

[bb03aav]

Good afternoon,

I have a question regarding ILR application based on 10 years.

I came to the UK in September 2001 and did apply for ILR in September 2011. My application was rejected due to the time spent outside the UK (630 days instead of allowed 540). However, since everything else in my application was fine, I was granted a discretionary leave to remain until November 2014 allowing me full rights to work here.

As of now, my days away are well under 540 and in May I will also be married for 2 years to a BC.

The question is, should I wait until November to reapply for ILR or would it be OK to do so now.

Thank you

[oocha]

My suggestion is to take a PEO appointment in May and apply for ILR under partner of BC and you will have enough time left to apply under 10 years rule in case if your application gets rejected.
If you are married to BC since 2 years and have all the proofs that you are living together than you should not be worried about your ILR, just take PEO appointment.
Remember under 10 years rule you will won't be able to apply same day as they only accept postal applications which can take months.

[robertholdon]

Hi. I have a question for the application.

I am the same like you that i have spent about 640 days outside of this country and would like to apply ILR on the basis of Long Residence. What do i need to prove and get discretionary as i am aware that i am only allowed to spend 540 days. How did you get your discretionary?

Your reply is much appreciated
Thank you

Rob