ILR after 18 years?

[rk_2011]

After a long wait, today my sister was granted her discretionary leave to remain for 3 years on ECHR Article 8 grounds (right to respect for private and family life).

On her leave letter, it states the following:

In order to qualify for settlement you must have completed a continuous period of at least 120 months in the UK with limited leave to remain granted because of your family life

She entered the UK in 2008 as a student. She has never broken any immigration rules. Under these circumstances, would she be eligible for ILR in 2018 (10 year route)?

If the above statement on the letter is followed to the word, she would need to spend an additional 10 years (2027) on her DLR.

[Casa]

10 years residence on her leave granted under DLR family life.

[rk_2011]

Do you mean an additional 10 years residence?

In 2008, when she entered the UK, the rules were that anyone in continuous residence for 10 years would be eligible to apply for ILR. Can't she apply in 2018 under those rules?

[secret.simon]

Legitimate expectations does not apply to the Long Residence route. It is not a specific immigration route, such as Tier 1 Entrepreneur or Tier 2 General, with specific rules. PeckhamPelican's explanation in the thread linked to above is a clear and lucid explanation.

As an example, the 14 year (illegal+legal) long residence route that originally led to ILR was altered in 2012 to a 20 year route that did not lead to ILR, but to a further 10 years of FLR(FP).

Provided that your friend has maintained continuity of residence, I think that she should be able to apply for ILR(LR) in 2018. But that is provided the Rules haven't changed by then.

[rk_2011]

Thank you for the detailed explanation. PeckhamPelican's example and explanation of legitimate expectation is quite useful. Hopefully the long residence route is still in place when she becomes eligible in 2018. There are no transitional arrangements in her case due to the legitimate expectation situation, from what I have understood.