ILR Long Term Residence Queries

[toofunky2000]

Hi all,

I have a quick question on the ILR please, we are on the first DLR expiring next year May 2021, we will be submitting an extension of the DLR before expiry.

However, in the same year 2021, Oct. We will be completing our 10 years in the UK. There are no illegal stay and no outage for more than designated days from the UK. Circumstances have not been changed from the first DLR granted.

Can we apply for the ILR in Oct 2021 even if we have been granted with a DLR extension?

Or sometime they take time to decide, so can we change the application status from a DLR extension to ILR if we reach to Oct 2021 and they couldn't decide on our application by that time?

Please comment. Thank you.
TAK

[zimba]

Yes, you can apply under long residence. You can vary the extension application to SET(LR) if it was undecided by then

[toofunky2000]

Hi,
I was reading the relevant topic posts, however I am not fully sure if I am eligible for an ILR. Please suggest a way forward.

Initially came in the UK on Business visitor visa on 25 May 2011 with a validity of 6 months till Nov 2011.
Left UK on 5 June 2011.
Got a Tier 4 dependent visa on 22 Sep 2011
Came back to UK on 14 Oct 2011
Since then switching visa categories.
No breach and no overstay during this time.
Visas obtained within validity.

Can I apply for an ILR on 30 Apr 2021?
Can I include my Business visitor visa to gain 10 years long residence?

Thanks and regards
TAK

[CR001]

1. Please do not tag your questions onto othe members topics.

2. Topics merged.

[toofunky2000]

1. Please do not tag your questions onto othe members topics.

2. Topics merged.

Thanks CR001, apologies, I wasn't aware of it.
Can you please guide me through my recent query?
Your response would be highly appreciated.
Best regards
TAK

[toofunky2000]

Yes, you can apply under long residence. You can vary the extension application to SET(LR) if it was undecided by then

Thanks Zimba, much appreciated.

I have one more query please if you could also provide me with some guidance.

Hi,
I was reading the relevant topic posts, however I am not fully sure if I am eligible for an ILR. Please suggest a way forward.

Initially came in the UK on Business visitor visa on 25 May 2011 with a validity of 6 months till Nov 2011.
Left UK on 5 June 2011.
Got a Tier 4 dependent visa on 22 Sep 2011
Came back to UK on 14 Oct 2011
Since then switching visa categories.
No breach and no overstay during this time.
Visas obtained within validity.

Can I apply for an ILR on 30 Apr 2021?
Can I include my Business visitor visa to gain 10 years long residence?

Thanks and regards
TAK

[seagul]

Yes, you can apply under long residence. You can vary the extension application to SET(LR) if it was undecided by then

Thanks Zimba, much appreciated.

I have one more query please if you could also provide me with some guidance.

Hi,
I was reading the relevant topic posts, however I am not fully sure if I am eligible for an ILR. Please suggest a way forward.

Initially came in the UK on Business visitor visa on 25 May 2011 with a validity of 6 months till Nov 2011.
Left UK on 5 June 2011.
Got a Tier 4 dependent visa on 22 Sep 2011
Came back to UK on 14 Oct 2011
Since then switching visa categories.
No breach and no overstay during this time.
Visas obtained within validity.

Can I apply for an ILR on 30 Apr 2021?
Can I include my Business visitor visa to gain 10 years long residence?

Thanks and regards
TAK

Read the following guidance to determine your eligibility. Give a careful thought over the examples in it:

https://assets.publishing.service.gov.u ... 6.0ext.pdf

[toofunky2000]

Thanks for your guidance Seagul. As per the example, I could be eligible for the long residence ILR,
However, the second part of query is still there. Can I use my C business visitor visa to accumulate 10 years residence?
Best regards
TAK

[seagul]

Thanks for your guidance Seagul. As per the example, I could be eligible for the long residence ILR,
However, the second part of query is still there. Can I use my C business visitor visa to accumulate 10 years residence?
Best regards
TAK

All visas are counted.

[toofunky2000]

Thank you Seagul,

I want to clarify one more point given in the 10 year long residence guidance.

"Left the UK and demonstrated clear intention not to return",

What comes under this phrase. For example, how would I prove my intentions when I first left UK on visitor visa and came back within 6 months on different visa?

Please guide.

Best regards
TAK

[seagul]

Thank you Seagul,

I want to clarify one more point given in the 10 year long residence guidance.

"Left the UK and demonstrated clear intention not to return",

What comes under this phrase. For example, how would I prove my intentions when I first left UK on visitor visa and came back within 6 months on different visa?

Please guide.

Best regards
TAK

You don't need to prove such intention.

[toofunky2000]

Hi Seagul, thanks for the confirmation.

However, I have just checked with UKVI by calling them, and they are saying unfortunately I can't include my business visitor visa as they don't count it for the purpose of continuous residence.
Any suggestions please?

Best regards
TAK

[seagul]

Hi Seagul, thanks for the confirmation.

However, I have just checked with UKVI by calling them, and they are saying unfortunately I can't include my business visitor visa as they don't count it for the purpose of continuous residence.
Any suggestions please?

Best regards
TAK

Well it has been thrusted into limelight at several times that UKVI's telephone operators aren't familiar with immigration law rather only are third party outsourced workers I.e security receptionist. Read the examples of previously given guide and just make sure to have built & maintained the continuous residence. All visas are counted.

[toofunky2000]

Hi Seagul, thanks for the confirmation.

However, I have just checked with UKVI by calling them, and they are saying unfortunately I can't include my business visitor visa as they don't count it for the purpose of continuous residence.
Any suggestions please?

Best regards
TAK

Well it has been thrusted into limelight at several times that UKVI's telephone operators aren't familiar with immigration law rather only are third party outsourced workers I.e security receptionist. Read the examples of previously given guide and just make sure to have built & maintained the continuous residence. All visas are counted.

Great, quite encouraging!
Just to make it more clear, I am sure with your kind of experience you must have examples of people got their ILRs with these details.
Is there a way to see such examples or to interact with those people who got their ILR?
Thanks
TAK

[seagul]

Hi Seagul, thanks for the confirmation.

However, I have just checked with UKVI by calling them, and they are saying unfortunately I can't include my business visitor visa as they don't count it for the purpose of continuous residence.
Any suggestions please?

Best regards
TAK

Well it has been thrusted into limelight at several times that UKVI's telephone operators aren't familiar with immigration law rather only are third party outsourced workers I.e security receptionist. Read the examples of previously given guide and just make sure to have built & maintained the continuous residence. All visas are counted.

Great, quite encouraging!
Just to make it more clear, I am sure with your kind of experience you must have examples of people got their ILRs with these details.
Is there a way to see such examples or to interact with those people who got their ILR?
Thanks
TAK

If you Google search or use the forum search facility then will find numerous similar experiences & discussions.

[toofunky2000]

Hi,

Just one more query on my circumstances please.

My current visa is DL 10 year parent route, am I still be eligible for an ILR after completing my 10 year long residence in the UK or I have to wait for 10 year route completion (4x2.5 years).

Please guide.
Thank you,
TAK

[CR001]

Thanks for your guidance Seagul. As per the example, I could be eligible for the long residence ILR,
However, the second part of query is still there. Can I use my C business visitor visa to accumulate 10 years residence?
Best regards
TAK

All visas are counted.

[seagul]

Hi,

Just one more query on my circumstances please.

My current visa is DL 10 year parent route, am I still be eligible for an ILR after completing my 10 year long residence in the UK or I have to wait for 10 year route completion (4x2.5 years).

Please guide.
Thank you,
TAK

You don't need to wait any longer if have competed your 10 years of legal residence and can meet the criteria as defined in previously provided link.

[toofunky2000]

Thanks CR001 and Seagul.

[toofunky2000]

Hello CR001 and Seagul,

I have another query for you please. See below for my details,

Business visitor visa: 6 months validity (expiry 11-Nov-2011)
Landed in UK: 25-May-2011
Left UK: 05-Jun-2011
Came back to UK: Tier 4 dependent visa on 14-Oct-2011 (expiry 03-Feb-2013)
Switched to Tier 4 extension: Applied 29-Jan-2013
Granted LTR: 14-Mar-2013 (expiry 31-May-2015)
Leave curtailed on 05-Sep-2013
Expiry given: 04-Nov-2013
Visa reinstated back: 07-Feb-2014
Old expiry retained (31-May-2015)
Switched visa to Tier 2 dependent: 05-Nov-2014 (expiry 14-Nov-2017)
Switched to DL to remain on Article 8 (parent route): visa applied: 09-Nov-2017
Granted: 29-Oct-2018
Valid till: 04-May-2021

Am I completing my lawful 10 years on 25-May-2021?
Considering my details above, please guide.

Thanks
TAK

[seagul]

Hello CR001 and Seagul,

I have another query for you please. See below for my details,

Business visitor visa: 6 months validity (expiry 11-Nov-2011)
Landed in UK: 25-May-2011
Left UK: 05-Jun-2011
Came back to UK: Tier 4 dependent visa on 14-Oct-2011 (expiry 03-Feb-2013)
Switched to Tier 4 extension: Applied 29-Jan-2013
Granted LTR: 14-Mar-2013 (expiry 31-May-2015)
Leave curtailed on 05-Sep-2013
Expiry given: 04-Nov-2013
Visa reinstated back: 07-Feb-2014
Old expiry retained (31-May-2015)
Switched visa to Tier 2 dependent: 05-Nov-2014 (expiry 14-Nov-2017)
Switched to DL to remain on Article 8 (parent route): visa applied: 09-Nov-2017
Granted: 29-Oct-2018
Valid till: 04-May-2021

Am I completing my lawful 10 years on 25-May-2021?
Considering my details above, please guide.

Thanks
TAK

Yes as it starts from date of entering the UK which in your case was 25th May 2011. You can even apply 28 days before of 25th May 2021.

[toofunky2000]

Thank you Seagul,

I was concerned on my visa curtailment and reinstatement not breaking my continuous lawful residence.

Best regards
TAK

[seagul]

Thank you Seagul,

I was concerned on my visa curtailment and reinstatement not breaking my continuous lawful residence.

Best regards
TAK

For clearing your all doubts You can request your SAR file from the immigration authorities to check your exact immigration history in their system.

https://www.gov.uk/government/publicati ... mmigration

[toofunky2000]

Hi Seagul,

Thanks for providing the link.

Which SAR should I ask for, basic/detailed? Would it also tell us on any deviation from leave in terms of overstay in writing?

Or they just provide the dates of visas and travelling?

Best regards
TAK

[seagul]

Hi Seagul,

Thanks for providing the link.

Which SAR should I ask for, basic/detailed? Would it also tell us on any deviation from leave in terms of overstay in writing?

Or they just provide the dates of visas and travelling?

Best regards
TAK

You can request specific one where you can pacifically ask for their records over your curtailment. Detailed one should also be fine which perhaps would be more comprehensive unveiling other facts about your immigration history as well.