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what are pros/cons getting ILR through 5yrs route and 10 yrs

General UK immigration & work permits; don't post job search or family related topics!

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kumar114
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what are pros/cons getting ILR through 5yrs route and 10 yrs

Post by kumar114 » Thu May 05, 2016 9:25 am

Hi,
Could someone highlight pros and cons getting/having ILR through 5 years route and 10 years route please?
I am planning to bring dependant as well.

Kind regards
kumar

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CR001
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Re: what are pros/cons getting ILR through 5yrs route and 10

Post by CR001 » Thu May 05, 2016 9:33 am

They both lead to the same end result. One is not any better than the other. One route is not checked less (complying with visas, tax, employment, etc) than the other. They both cost the same.

5 years you have to meet the salary requirements set by HO and 'ongoing employment' and whatever stringent rules are in place at the time. Absence allowed is 180 day per 12 month cycle. If dependents don't have 5 years residence, they can continue to extend their PBS dependent visas until they meet the requirement for ILR.

If someone applies for ILR based on 10 years, the dependents have to switch to a new 5 year route of spouse of settled person and will lose the time they have spent in the UK at the time the main applicant applies for ILR long residence. Absence limit is 540 days for the full 10 years and any absence of more than 180 days breaks continuous residence. Dependents cannot apply for ILR with you and as mention, have no choice but to switch to FLR(M) spouse visa and a new 5 year qualifying period. No one knows if this route will still be available at some point in the future.

Unless you have very specific questions, suggest you search the forum for the FAQs etc.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

kumar114
Member of Standing
Posts: 282
Joined: Sat Sep 26, 2015 11:54 am
United Kingdom

Re: what are pros/cons getting ILR through 5yrs route and 10

Post by kumar114 » Thu May 05, 2016 3:56 pm

CR001 wrote:They both lead to the same end result. One is not any better than the other. One route is not checked less (complying with visas, tax, employment, etc) than the other. They both cost the same.

5 years you have to meet the salary requirements set by HO and 'ongoing employment' and whatever stringent rules are in place at the time. Absence allowed is 180 day per 12 month cycle. If dependents don't have 5 years residence, they can continue to extend their PBS dependent visas until they meet the requirement for ILR.

If someone applies for ILR based on 10 years, the dependents have to switch to a new 5 year route of spouse of settled person and will lose the time they have spent in the UK at the time the main applicant applies for ILR long residence. Absence limit is 540 days for the full 10 years and any absence of more than 180 days breaks continuous residence. Dependents cannot apply for ILR with you and as mention, have no choice but to switch to FLR(M) spouse visa and a new 5 year qualifying period. No one knows if this route will still be available at some point in the future.

Unless you have very specific questions, suggest you search the forum for the FAQs etc.
Thank you very much @CR001

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