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is there an ILR eligibility exception

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Star15
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Joined: Fri Apr 24, 2015 6:17 pm

is there an ILR eligibility exception

Post by Star15 » Fri Apr 24, 2015 6:47 pm

Hello,

I am currently on Tier 2 sponsorship visa which expires end of this year but by then I have been in the UK for 9 years and one month.
Things are not going well at work and I am looking for a job before the company goes bust. I like to know in case I cannot find a job can I still apply for ILR under exceptional bases.
Basically my life is here, I have my own flat and have built my life in this country. My 3 month old boy was born in here. Basically I have nothing in my country as I have been educated and worked in this country and not my own.

Would appreciate if someone can let me know if there is an exception to the main 10 years residency criteria.

Thanks

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CR001
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Re: is there an ILR eligibility exception

Post by CR001 » Fri Apr 24, 2015 7:32 pm

No, unfortunately there is no exception. It has to be 10 years legal stay from date of original entry and you cannot apply any earlier than 28 days before reaching 10 years. The guidance is clear that if applications are sent early they face likely refusal.

Can you not find another Tier 2 sponsor?
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Zee ali
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Joined: Sun Jan 26, 2014 12:42 am

Re: is there an ILR eligibility exception

Post by Zee ali » Fri Apr 24, 2015 7:40 pm

Star15 wrote:Hello,

I am currently on Tier 2 sponsorship visa which expires end of this year but by then I have been in the UK for 9 years and one month.
Things are not going well at work and I am looking for a job before the company goes bust. I like to know in case I cannot find a job can I still apply for ILR under exceptional bases.
Basically my life is here, I have my own flat and have built my life in this country. My 3 month old boy was born in here. Basically I have nothing in my country as I have been educated and worked in this country and not my own.

Would appreciate if someone can let me know if there is an exception to the main 10 years residency criteria.

Thanks
Try Flr fp. tell this to home office

my life is here, I have my own flat and have built my life in this country. My 3 month old boy was born in here. Basically I have nothing in my country as I have been educated and worked in this country and not my own.

If refuse than go to appeal process and try to drag it long enough so u complete 10 years.

But this should be the last option. First try to search tier 2 sponsor
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

Star15
Newly Registered
Posts: 6
Joined: Fri Apr 24, 2015 6:17 pm

Re: is there an ILR eligibility exception

Post by Star15 » Fri Apr 24, 2015 7:54 pm

Thanks for your responses.

I was reading the long residency application page and I saw the exception part which made me think there might be

https://www.gov.uk/long-residence

"You can apply to settle in the UK if you’ve been in the UK legally for 10 continuous years (known as ‘long residence’).

Settling (known as ‘indefinite leave to remain’) means you can stay in the UK without any time restrictions.

You must meet all the eligibility requirements.

Exceptions
You may be able to extend your stay for another 2 years (known as ‘leave to remain’) even if you don’t meet all the eligibility requirements."

Star15
Newly Registered
Posts: 6
Joined: Fri Apr 24, 2015 6:17 pm

Re: is there an ILR eligibility exception

Post by Star15 » Fri Apr 24, 2015 8:42 pm

Thanks for your responses.

I was reading the long residency application page and I saw the exception part which made me think there might be

https://www.gov.uk/long-residence

"You can apply to settle in the UK if you’ve been in the UK legally for 10 continuous years (known as ‘long residence’).

Settling (known as ‘indefinite leave to remain’) means you can stay in the UK without any time restrictions.

You must meet all the eligibility requirements.

Exceptions
You may be able to extend your stay for another 2 years (known as ‘leave to remain’) even if you don’t meet all the eligibility requirements."

aliarmughan
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Posts: 13
Joined: Tue Jan 20, 2015 10:24 pm

Re: is there an ILR eligibility exception

Post by aliarmughan » Sat Apr 25, 2015 1:38 am

Exceptions
You may be able to extend your stay for another 2 years (known as ‘leave to remain’) even if you don’t meet all the eligibility requirements."[/quote]

In my opinion, this exception is for those who already completed 10 years legally, but unable to meet the KOLL Requirements.Its not applicable in your case. Seniors,please correct me if I'm wrong.

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