new rule on FM with combination to ILR NO CLOCK RESET

[akanbi11]

My argument with you is combination of it is allow in new HC1118 to complete 5years instead of reset the clock when move from D-LTRP 1.2 to D-LTRP 1.1 which is 5years route

[secret.simon]

The new text of Section E-ILRP.1.3 from the new HC1118 appears to be even less friendly to your assertions.

(page 28)For E-ILRP.1.3, substitute:
“E-ILRP.1.3. (1) Subject to subparagraph (2), the applicant must, at the date of application, have completed a period of continuous residence in the UK of at least 5 years (60 months) with the following:
(a) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1; or
(b) limited leave to remain as a partner granted under paragraph D-LTRP.1.1; or
(c) a combination of leave under (a) and (b).
(1A) In respect of an application falling within subparagraph (1) above, the applicant must meet all the requirements of Section E-LTRP: Eligibility for leave to remain as a partner (except that paragraph E-LTRP.1.2. cannot be met on the basis set out in sub-paragraph (c), (d) or (e) of that paragraph, and in applying paragraph E-LTRP.3.1.(b)(ii) disregard the words “2.5 times”).
(2) In calculating periods of leave for the purposes of subparagraph (1) above, any period of leave to enter or leave to remain as a fiancé(e) or proposed civil partner will be disregarded.”.

All references to D-LTRP.1.2 in that paragraph seem to have been removed.

[zimba]

My argument with you is combination of it is allow in new HC1118 to complete 5years instead of reset the clock when move from D-LTRP 1.2 to D-LTRP 1.1 which is 5years route

And yet you cannot explain how this is possible at all

[akanbi11]

You copy old regulation instead of new HC 1118
Read Well on Hc 1118

[secret.simon]

You copy old regulation instead of new HC 1118
Read Well on Hc 1118

the new HC1118

Read Page 28 of the new HC1118 that I have linked to above.

[zimba]

You copy old regulation instead of new HC 1118
Read Well on Hc 1118

Nonsense. I copied the new modified paragraph E-ILRP.1.3 from HC 1118 previously. I showed you how the 60 month requirement has not changed in the new modified paragraph. You have somehow convinced yourself that the new changes will magically allow you to count time under D-LTRP.1.2 which it does not.

It is up to you to provide evidence of your claims. The HC1118 document does not change the requirements of immigration rules Section E-ILRP: Eligibility for indefinite leave to remain as a partner which still requires 60 months of leave under D-LTRP.1.1. You need to show where and how you make such a claim.

The paragraph below is copied from HC1118:

“E-ILRP.1.3. (1) Subject to subparagraph (2), the applicant must, at the date of application,
have completed a period of continuous residence in the UK of at least 5 years (60 months)
with the following:
(a) leave to enter granted on the basis of entry clearance as a partner granted under
paragraph D-ECP.1.1; or
(b) limited leave to remain as a partner granted under paragraph D-LTRP.1.1; or
(c) a combination of leave under (a) and (b).

[akanbi11]

hello
I specked to this barrister or solicitor in this [ solicitor weblink removed by moderator ] on the matter which he confirm it that you can count both gather to make 5years continue to ILR

[akanbi11]

He post video on tiktok on the system matter

[zimba]

It does not matter what a solicitor says. They should be able to demonstrate it but the new changes do not change the requirements for ILR under the 60 months rule. Note that we have observed many many cases of refusals on the forum due to incorrect advice given by solicitors over the past years. If you need to seek advice from them, you must require them to explain how the new changes allow this. They need to show explicitly that the 60 months required for ILR under the 5 year route can include time spent under other provisions (even after the changes, this won't be possible)

Also, note that solicitors are NOT responsible for your refusal even if they give you incorrect/poor advice. Their services are merely advisory

[akanbi11]

hello

Thank for your concern and advice so far, it may seem like argument back and front on the matter or subject but this will help many people on same path route that move from FLM 10years to FLM 5years seeking to know whether previous time used on FLM 10years counts toward and can be combination toward ILR is possible with remover of RESET THE CLOCK have be remove in the new immigration rule HC1118 that will be coming to effect from 20th June 2022,
I have decided to write to home office for clarification on matter and explanation so to avoiding misinterpretation of law which I will be doing once it come into effect in June and share it

THANK

[Quickresponse]

Any update on it

[akanbi11]

Have write home Office on the matter still waiting for response and also speak to two barrister that prove it stand of law that combination of it is allow to get ILR , he told that he summit same application this month on the case so am waiting to see the prove

[harpreet1316]

Hi
Please update with the news whenever you get it
It will help a lot of people
Thanks

[Highfive]

Check out the gov.uk website on ILR based on private life:

Eligibility

The eligibility criteria you have to meet are different depending on whether you’re applying as an adult or a child.

Children and young adults
If you were born in the UK and have lived here for 7 continuous years since your birth, you can apply immediately for indefinite leave to remain on the basis of your private life.

Otherwise you can apply for indefinite leave to remain on the basis of your private life if all of the following are true:

you were first given a visa on the basis of your private life when you were aged between 18 and 24
you arrived in the UK as a child
you have lived in the UK for 5 continuous years with a visa
You can include time you’ve spent on any other visas which lead to indefinite leave to remain. You must have had a visa based on your private life for at least one year on the day you apply.

Adults
You can apply to settle as an adult on the private life route if you:

are aged over 18
were given a visa on the basis of your private life in the UK
have lived continuously in the UK for 10 years with a visa
You can include time you’ve spent on any other visas which lead to indefinite leave to remain. You must have had a visa based on your private life for at least one year on the day you apply.

[Amz3535]

Hi
Any reply from Home office yet.

[akanbi11]

no reply yet

[simms01]

Hi
What's the update on this issue, any response from HO yet?

[YeshuaLovesU]

Hello everyone,

@Akanbi1.1; I would like to help throw more light on the subject; if your complete 5 years is split up under FLM 10 and FLM 5 and not spent completely under FLM 5 your application will be declined by the HO, if you get a good case worker like the one I recently dealt with you would be advised to withdraw your application and given a chance to put in the correct application to renew your status for another 2.5 years so that you don’t lose your ILR application fee of over £2400 and since the 28 days window opportunity would have been over if application was taken in to be considered within 6 months you would be considered lucky.

Once you move from FLM10 to another leave route, the years start counting afresh!

Email may take a while to get response pls call the HO instead; they would give you that info over the phone, I know because I was told that when I called them in Feb 2022. And as at August HO was adamant that the leaves cannot be mixed up, carried forward to another route or added up.

The request to move to FLM 5 when renewing for the first time under FLM 10 should have been done with your application as it appears not to be automatically converted by the HO for applicants which I fin very cheeky.

If you fail/failed to do the above your next renewal would be treated as you still being on FLM 10 and should you request when you have spent 5 years under FLM 10 it would be pointless as you would still end up spending a total of 10 years defeating the purpose of the move which if done at the right time would save one 2.5years by arriving at ILR in a total of 7.5 years if originally on a 10 years route.

Also worthy to note that if applying for ILR you as an adult would need to provide evidence of having done and passed both the life in the UK test and the English test; the absence of one or all of these conditions would mean a decline on the application.

The only exemption to doing the English test is if one has a degree which is equivalent to a UK degree if done outside of UK, this would need to be evaluated by the then UK NARIC now called UK ENIC

The case I handled was a pretty straight forward one which was made complicated by the HO due to their error in their response years ago, error which I insisted they fix . This is why despite the call and info provided in Feb the application was submitted and their supposedly kind gesture of withdrawal turned down.

I hope this helps you to make a more informed decision, trust me when I say some solicitors don’t know some vital information like this, I have come across a few people who their solicitors did not request for the switch to the 5 years parent route in their application despite qualifying for the same at the correct point which would cost the individuals 2.5 years they could have avoided.

This is a recent case which was resolve on 26th of Aug 2022 so take the advise others have given you seriously if your 5 years spent was not completely done under FLM 5 route.

I wish you all the very best

[AmazonianX]

Hello everyone,

@Akanbi1.1; I would like to help throw more light on the subject; if your complete 5 years is split up under FLM 10 and FLM 5 and not spent completely under FLM 5 your application will be declined by the HO, if you get a good case worker like the one I recently dealt with you would be advised to withdraw your application and given a chance to put in the correct application to renew your status for another 2.5 years so that you don’t lose your ILR application fee of over £2400 and since the 28 days window opportunity would have been over if application was taken in to be considered within 6 months you would be considered lucky.

Once you move from FLM10 to another leave route, the years start counting afresh!

Email may take a while to get response pls call the HO instead; they would give you that info over the phone, I know because I was told that when I called them in Feb 2022. And as at August HO was adamant that the leaves cannot be mixed up, carried forward to another route or added up.

The request to move to FLM 5 when renewing for the first time under FLM 10 should have been done with your application as it appears not to be automatically converted by the HO for applicants which I fin very cheeky.

If you fail/failed to do the above your next renewal would be treated as you still being on FLM 10 and should you request when you have spent 5 years under FLM 10 it would be pointless as you would still end up spending a total of 10 years defeating the purpose of the move which if done at the right time would save one 2.5years by arriving at ILR in a total of 7.5 years if originally on a 10 years route.

Also worthy to note that if applying for ILR you as an adult would need to provide evidence of having done and passed both the life in the UK test and the English test; the absence of one or all of these conditions would mean a decline on the application.

The only exemption to doing the English test is if one has a degree which is equivalent to a UK degree if done outside of UK, this would need to be evaluated by the then UK NARIC now called UK ENIC

The case I handled was a pretty straight forward one which was made complicated by the HO due to their error in their response years ago, error which I insisted they fix . This is why despite the call and info provided in Feb the application was submitted and their supposedly kind gesture of withdrawal turned down.

I hope this helps you to make a more informed decision, trust me when I say some solicitors don’t know some vital information like this, I have come across a few people who their solicitors did not request for the switch to the 5 years parent route in their application despite qualifying for the same at the correct point which would cost the individuals 2.5 years they could have avoided.

This is a recent case which was resolve on 26th of Aug 2022 so take the advise others have given you seriously if your 5 years spent was not completely done under FLM 5 route.

I wish you all the very best

Thank you for the well detailed message.