ILR-LR GUIDANCE, FURLOUGHED BECAUSE OF COVID-19

[opti21]

Hi there,
I am in UK since 8 SEPT 2010 (T2 ICT visa from SEPT 2010 to OCT 2017 & T2 GEN visa from OCT 2017 to till date) so I should be eligible to apply for ILR from 12 AUG 2020. Currently I am on furlough leave since 1st week of APRIL (because of unprecedented situation of COVID-19) & I heard inside news from my company that my company (employer) is not willing to keep me on furlough leave for long time for some reason & may cancel my Leave anytime soon.
Suppose in worst case if my employer cancels my sponsorship this month & if I get the curtailment letter early JUNE. So considering 2 months of curtailment leave I might get leave to remain until early AUG 2020. In this case -
1. If I am short by 1 or 2 weeks to be eligible for 10 years residence, is there any way/concession to apply for ILR?

2. if not eligible then suppose I leave UK before 10 years legal residence & come back within 2 months on a visitor visa. Would I be eligible to apply ILR in that case?

In best case If all goes well & suppose I get ILR by mid or end of AUGUST (assumed super priority service). In this case -
3. My spouse is currently on T2 GEN dependent visa (valid until NOV 2020) can she switch to FLR (M) anytime before her current leave expires? I mean even if I get ILR my T2 GEN visa & her T2 GEN dependent visa remain valid, am I right?

4. Also I have 2 children (both born in UK) I can apply for their registration(MN1) which I think will be decide in 6-8 weeks & then I can apply their British passports, correct?

Many thanks in advance.

[CR001]

1 & 2. Curtailment letters are not sent out instantly. It takes a few months.

3. If you get ILR,the YOUR tier general is cancelled and not valid. Your spouse must switch to FLR M sooner rather than later, especially if she plans on traveling.

4. Yes once you have ilr. Citizenship approval can take up to 6 months.

[opti21]

Thanks CR001 for swift response.
1. So can my spouse apply for FLR (M) along with my ILR-LR application? or can she only apply after my ILR decision has been made. What's the deadline for her FLR application? She is not planning any travel outside UK.
2. Also what are the requirements to apply for my spouse FLR (M), she is currently full time employed. What if I am unemployed at the time of her FLR (M) application? (I think there is no salary requirement for ILR-LR application but not sure for FL (M) application)

Thanks.

[CR001]

1. Safer to apply once you have ilr. The reason is that if your ilr fails, her flr m will also fail.

2. You should ask FLR M questions in the family immigration sub forum and not in your ilr topic in the ilr sub forum. She needs english language requirement and must meet the financial requirment if £24,800pa as your children are not yet British. Once children are British, the requirement is only £18,600pa. Either of your incomes can be used.

[opti21]

Many thanks CR001. Understood.

[opti21]

HI, although I am in UK since 8 SEPT 2010 my leave to enter was granted on 28 AUG 2010. so can I apply for ILR in 1st week of AUG & considering the days from 28 AUG to 8 SEPT as 'absence from UK' under the 540 days allowance in 10 years. One of the solicitors is saying this is possible under immigration law 276A and B. I am not sure about these clauses.
Please let me know if I can apply for ILR 28 days before my visa stamping date (i.e leave to enter approval date) & can I consider the gap between leave to enter approval & UK entry as 'absence from UK' as mentioned above. Thanks in advance.

[CR001]

HI, although I am in UK since 8 SEPT 2010 my leave to enter was granted on 28 AUG 2010. so can I apply for ILR in 1st week of AUG & considering the days from 28 AUG to 8 SEPT as 'absence from UK' under the 540 days allowance in 10 years.

No you can't. For ilr based on long Residence, your qualifying residence clock starts counting from the date you ENTERED the UK and NOT the date your visa was issued. Absence limit only counts from the date you entered the uk and you cannot use the time between visa entry clearance and date of entry as "absence"!!

One of the solicitors is saying this is possible under immigration law 276A and B.

That is not what the rules state. The visa issued date would only be relevant IF you were in the UK, as an overstayer for example, and got a visa such as discretionary leave to remain WITHIN the UK.

I am not sure about these clauses.
Please let me know if I can apply for ILR 28 days before my visa stamping date (i.e leave to enter approval date) & can I consider the gap between leave to enter approval & UK entry as 'absence from UK' as mentioned above.

No you cannot. There is NO concept of using the time before physically entering the UK as part of the allowable absence for long residence. That rule ONLY applies to those applying for ilr based on 5 years residence under the pbs route visas.