short of 78 days for ILR 10 years

[NohaH_86]

Hi all,

I would appreciate some advice on our situation please, I'v read some similar ones over here but I'm still a bit confused.

My husband is the main applicant and will complete his 10 years in October 2018 his history is as follows:

- Student visa issued on 06/10/2008 and entered 10/10/2008 and it was valid till 31/01/2010
- in 2010 he got an extension for his student visa and applied for PSW in 30 November 2010
- Got the PSW which was valid from 12/1/2011 till 12/1/2013.
- We got married in January 2012 and I applied for a PSW dependant visa in February and got it within a week and I entered on 1/04/2012
- He got a sponsored job so we applied for tier 2 general visa valid from 19/01/2013 till 26/01/2016
- He got a new job with a new employer and we applied for same visa valid from 08/07/2015 till 21/06/2018

Now my question is if we to consider applying through 10 yrs, what type of visa should he needs to apply to complete the gap? I know the 28 days rule applies on him but even we're still short of 78 days.

Any help will appreciated.

Thanks a lot!

[tckraju]

Hi,

You have three options here to go for ILR. (Assuming that the rules stay the same)

Option 1 (This can be chosen only if you husband's salary will be be greater than or equal to £35,500 at the time of ILR application and his employer is willing to employ him) :

Get a Tier-2 Visa Extension before 21/06/2018. The Tier-2 VISA will be granted for a maximum of 6 years. This means you will get a VISA valid until 18/01/2019. Both you and your husband will qualify to apply for ILR based on 5 year T2 G on 21/12/2017. You can also apply for ILR along with your husband. You can go for a PEO application.

Option 2 : He still goes for Tier-2 Extension which will be valid until 18/01/2019. When he qualifies for ILR based on 10 years, he can apply for one. But your time will be reset and you have to be on FLR (m) for another 4 - 5 years before you will qualify for an ILR. You can go for a PEO application.

Option 3: You do a postal application for 10 year ILR just before you VISA expires. Hoping that the Home Office takes about 4-6 months to process the ILR postal application, you take a chance but could be tricky. Even in this scenario your time will be reset and you have to be on FLR(m) for another 4 -5 years.

For Option 2 and 3 you still have to pay for IHS fee for your application since you will not qualify for ILR.

The safest option is option 1. If not, go for option 2. (These two are the most safest)

I wouldn't advise Option 3 as you are taking a chance. (But I have also seen cases on the forum where people have also chosen this path)

[NohaH_86]

Thank you very much tckraju I really appreciate it.

[NohaH_86]

Hi tckraju, thanks for your reply, really appreciate it. Can you please advise what are the documents needed for the 10 years route?

[tckraju]

1.) Passport. (both old and new if you have any)
2.) BRP.
3.) 2 X Passport Photos.
4.) Life in the UK.
5.) Proof of English Language (Since you said he was on PSW, I would assume he had a degree/masters taught in the UK. )

If you have all the passports covering the 10 year period, the above documents are more than enough.