Part suitability Overstay - ILR
Posted: Wed Nov 19, 2025 11:28 pm
My Immigration Background:
Came to the UK: September 2012 on a visiting visa.
Overstay: Stayed until 2019.
No criminal record, no driving offences, no immigration issues apart from the overstay.
First Child: Born in 2019.
Application Submitted: 2019 for family life based on British child and partner.
Status Granted: December 2019 on a 10-year route as a partner.
Switched to 5-year Route: married my wife, Granted FLR(M) on January 19, 2021.
Extensions Granted: Until February 15, 2026.
Next Steps:
My five years will end on January 19, 2026 (based on the first FLRM application date), and I can apply for ILR 28 days before that.
Question: Is it okay to submit my ILR application on December 22, 2025
Part Suitability Concerns:
Is there anything I should worry about regarding my past overstaying? The Home Office approved my stay in 2019 after I explained the overstay. I’m banking on these wordings
“ unless entry clearance or further permission has subsequently been granted in the knowledge of the breach”
Please let me know how best I can prepare myself. Thank you in advance
New Rule (SUI 11.4):
SUI 11.4. An applicant will be treated as having breached immigration laws if, aged 18 or over, they:
(a) overstayed their permission, unless an exception in SUI 11.5. or SUI 11.6. applied to that period of overstaying; or
(b) breached a condition attached to their permission, unless entry clearance or further permission has subsequently been granted in the knowledge of the breach; or
(c) were (or still are) an illegal entrant; or
(d) used deception in relation to a previous application (whether or not successfully).
Came to the UK: September 2012 on a visiting visa.
Overstay: Stayed until 2019.
No criminal record, no driving offences, no immigration issues apart from the overstay.
First Child: Born in 2019.
Application Submitted: 2019 for family life based on British child and partner.
Status Granted: December 2019 on a 10-year route as a partner.
Switched to 5-year Route: married my wife, Granted FLR(M) on January 19, 2021.
Extensions Granted: Until February 15, 2026.
Next Steps:
My five years will end on January 19, 2026 (based on the first FLRM application date), and I can apply for ILR 28 days before that.
Question: Is it okay to submit my ILR application on December 22, 2025
Part Suitability Concerns:
Is there anything I should worry about regarding my past overstaying? The Home Office approved my stay in 2019 after I explained the overstay. I’m banking on these wordings
“ unless entry clearance or further permission has subsequently been granted in the knowledge of the breach”
Please let me know how best I can prepare myself. Thank you in advance
New Rule (SUI 11.4):
SUI 11.4. An applicant will be treated as having breached immigration laws if, aged 18 or over, they:
(a) overstayed their permission, unless an exception in SUI 11.5. or SUI 11.6. applied to that period of overstaying; or
(b) breached a condition attached to their permission, unless entry clearance or further permission has subsequently been granted in the knowledge of the breach; or
(c) were (or still are) an illegal entrant; or
(d) used deception in relation to a previous application (whether or not successfully).