ILR under 10 or 5 years routes

[Larson2010]

Hi everyone,

Just need a bit of advice from you... I have been in the uk for nearly 10 years from next month and also married to a British citizen,, under 5 years routes which is due next year...

Should I go ahead and apply for ILR next month as I have lived here for 10 years even though I am still under the 5 years route.. or I should wait until next year before applying for a ILR?

To my understanding 10 years means legally in the country

Thank you for your help

[Casa]

You can apply under the 10 year long residence route.

[Larson2010]

Thank you for your reply,

Just wondering whether you will be reimbursed by the HO if you wrongly apply into a category and your application refused?

Thank you

[CR001]

If an application is refused you don't get a refund of the fee.

There is no wrong category based on your circumstances. If you qualify for either ILR route, it is YOUR choice which one you apply through and you must ensute you meet the requirements of whichever route.

[Larson2010]

Thank you for your prompt response,,

Now I have a friend who is very confused he spoke to me about his situation,,, he got married to a BC in August 2012, he then submit his application as spouse and he was refused on the financial ground and after he appeals he was granted his 30 months visas in feb 2014 but under 10 years route,,, after the first 30 months visas run out in August 2016 he then applied under 5 years route in premium service he was granted another 30 months visas until August 2019 he then asked when he will be eligible for ILR, they said After the one that he has just been issued meaning after August 2019.

My question is, it is true that my friend can apply for ILR as they said or just a mistake from the HO agent?

I will appreciate your thoughts and advices

Thank you

[CR001]

Please post your friends queries in another topic to avoid confusion with your query responses. Or ask your friend to register and ask their own questions.

There are different routes of partner visas and depending under what rule it is issued depends on what route to ILR they are on.

Set LR, long residence ILR required 10 years of legal residence combining various visa categories, which we are assuming is what your query is regarding.