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ILR long residence - eligibility and when to apply

Posted: Wed May 04, 2022 8:44 pm
by seeweare
Hi,

My wife first came to UK on 2nd June 2012 as Tier 2 dependant. Recently she moved onto FLR (M) visa from Jan 2021. She completes her 10 years in UK this year by 2nd June 2022. Could you please help with the following queries:
1) When is the earliest she can apply for long residence ILR? Can she apply 28 days before 2nd June, i.e. 5th May?
2) Is FLR(M) stay counted towards her 10 years stay in the UK?

Thank you.
Regards,
CVR

Re: ILR long residence - eligibility and when to apply

Posted: Wed May 04, 2022 10:04 pm
by ywlgy
1. Yes
2. Yes

Re: ILR long residence - eligibility and when to apply

Posted: Fri May 06, 2022 9:06 am
by seeweare
Thank you.
If applying 28 days earlier.. what should be the answer to the question 'how long have you stayed in the UK' - Is it 9 year 11 months or 10 years?

My wife has spent 530 days outside UK overall in the last 10 years. There is only 10 days left, and I am a bit unsure whether it will have an impact if we put 9 year 11 months as the answer.

Any guidance will be greatly helpful.

Thank you.
Regards,
CVR

Re: ILR long residence - eligibility and when to apply

Posted: Fri May 06, 2022 12:19 pm
by zimba
You need to apply within 28 days of completing the 10 years. Staring from the first date of entry to UK
The answer to that question is not important. As long as your absences are below 540 days in total you should be ok

Re: ILR long residence - eligibility and when to apply

Posted: Fri May 06, 2022 12:45 pm
by vinny
seeweare wrote:
Fri May 06, 2022 9:06 am
There is only 10 days left
If her leave expiring within 10 days, then she should apply before expiry of leave. If she satisfies the requirements on the date of decision, then she should be okay.

Re: ILR long residence - eligibility and when to apply

Posted: Fri May 06, 2022 5:01 pm
by seeweare
vinny wrote:
Fri May 06, 2022 12:45 pm
seeweare wrote:
Fri May 06, 2022 9:06 am
There is only 10 days left
If her leave expiring within 10 days, then she should apply before expiry of leave. If she satisfies the requirements on the date of decision, then she should be okay.
Hi, No, her leave not expiring in 10 days. I was just referring to the fact that she has used up 530 days of leave out of 540 limit. Thanks.

Re: ILR long residence - eligibility and when to apply

Posted: Fri May 06, 2022 5:01 pm
by seeweare
Zimba wrote:
Fri May 06, 2022 12:19 pm
You need to apply within 28 days of completing the 10 years. Staring from the first date of entry to UK
The answer to that question is not important. As long as your absences are below 540 days in total you should be ok
Thanks a lot for the confirmation :)