ILR and overstay in the past
Posted: Tue Nov 11, 2025 6:26 pm
Hi everyone,
I would like to know if i can apply for my ILR now that i have lived in the UK for 10 years post my overstaying period.
Below is my immigration history:-
January-2010: entered uk with entry clearance as tier 4 student valid from 25/12/2009 to 31/05/2013.
may-2013: i applied leave to remain as tier 4 student.
27/june/2013:the above application was refused with right to appeal.
09/july/2013:i lodged an appeal.
18/02/2014: my appeal was dismissed.(after that i appealed to first tier tribunal.
01/may/2014: i was refused permission to appeal to first tier tribunal.(after that I decided to appeal to upper tier tribunal.
03/june/2014: i was refused permission to appeal the upper tier tribunal.
03/june/2014: i became appeal rights exhausted.
04/july/2014-i submitted a further leave to remain as tier 4 student.
15/august/2014: i send email to homeoffice to provide me some sort of authorisation letter to be able to get CAS from colleges.
16/0ct/2014: the above application was refused.
18/12/2014:following a telephone call from capita,i agreed to leave uk voluntarily and received a letter stating the same.the letter stated not to make any travel arrangement as some one from departure team will contact me to confirm that they have retrieved my passport.i thought they will contact me but they never got back to me.
03/05/15: i wrote to the home office and made a human rights appeal for limited leave to remain in the uk on the basis of my family and private life.however it was rejected.
Waited a while someone from departure team to contact me nobody did so. Until on 12th july 2015, i contacted to volunatry departure myself and made travel arrangements.after that they advised me to send my e ticket which i did via email.
10-August 2015:I went back to my country voluntarily.
After that i applied as a tier 2 spouse visa on september 2015 which was granted.
I Entered the UK on the 3rd of November 2015.
2018- extended my tier 2 spouse visa valid till 21-08-2021
(My partner was granted ilr on feb 2021)
15-08-2021 -i applied for flr(m) granted till 28-march 2024.
26-03-2024- Applied for flrm extension. Granted till 11-Nov-2026.
I have a few questions if i may:-
As i have completed my 10 year legal status on 03/11/2025.
a) can i apply for my ILR under 10 year route?
B) will my past overstay affect my ILR application?
C) The part suitability changes from 11/11/2025. Will this affect me even if i have overstayed 10 years ago and left the country voluntarily?
D) is it wise to apply for ilr under 10 year route or wait till next year to apply next november under 5 year spousal visa route?
Any Feedback on this is much appreciated.
I would like to know if i can apply for my ILR now that i have lived in the UK for 10 years post my overstaying period.
Below is my immigration history:-
January-2010: entered uk with entry clearance as tier 4 student valid from 25/12/2009 to 31/05/2013.
may-2013: i applied leave to remain as tier 4 student.
27/june/2013:the above application was refused with right to appeal.
09/july/2013:i lodged an appeal.
18/02/2014: my appeal was dismissed.(after that i appealed to first tier tribunal.
01/may/2014: i was refused permission to appeal to first tier tribunal.(after that I decided to appeal to upper tier tribunal.
03/june/2014: i was refused permission to appeal the upper tier tribunal.
03/june/2014: i became appeal rights exhausted.
04/july/2014-i submitted a further leave to remain as tier 4 student.
15/august/2014: i send email to homeoffice to provide me some sort of authorisation letter to be able to get CAS from colleges.
16/0ct/2014: the above application was refused.
18/12/2014:following a telephone call from capita,i agreed to leave uk voluntarily and received a letter stating the same.the letter stated not to make any travel arrangement as some one from departure team will contact me to confirm that they have retrieved my passport.i thought they will contact me but they never got back to me.
03/05/15: i wrote to the home office and made a human rights appeal for limited leave to remain in the uk on the basis of my family and private life.however it was rejected.
Waited a while someone from departure team to contact me nobody did so. Until on 12th july 2015, i contacted to volunatry departure myself and made travel arrangements.after that they advised me to send my e ticket which i did via email.
10-August 2015:I went back to my country voluntarily.
After that i applied as a tier 2 spouse visa on september 2015 which was granted.
I Entered the UK on the 3rd of November 2015.
2018- extended my tier 2 spouse visa valid till 21-08-2021
(My partner was granted ilr on feb 2021)
15-08-2021 -i applied for flr(m) granted till 28-march 2024.
26-03-2024- Applied for flrm extension. Granted till 11-Nov-2026.
I have a few questions if i may:-
As i have completed my 10 year legal status on 03/11/2025.
a) can i apply for my ILR under 10 year route?
B) will my past overstay affect my ILR application?
C) The part suitability changes from 11/11/2025. Will this affect me even if i have overstayed 10 years ago and left the country voluntarily?
D) is it wise to apply for ilr under 10 year route or wait till next year to apply next november under 5 year spousal visa route?
Any Feedback on this is much appreciated.