Am I eligible for ILR based on Long Residence?

[Kitsune]

Hello, I am new here.
hope someone will give me advice.
My permit expires in early June.
I want to make sure that I'm eligible for indefinite leave to remain based on Long Residence (LR) before I apply and pay the extremely expensive fees.

Eligibility

1.Knowledge of language and life:
- I have a degree from a university in the UK.
- I have passed the Life in the UK test in 2019, and hold a certificate.

2. Continuous residence:
- I looked through Guidance Long residence (accessible) - GOV.UK (www.gov.uk)
　

You must also have been in the UK legally for 10 years without gaps (known as your ‘continuous residence’).

History of my visa:
13/Dec/2011 - 24/Oct/2012 T4 (General) STUDENT
08/Jan/2013 - 05/Oct/2015 T4 (General) STUDENT
28/Oct/2014 - 28/Apr/2017 SPOUSE/PARTNER (5-year partner route)
23/Aug/2017 - 05/Mar/2020 (10-year partner route)
12/May/2021 - 11/Jun/2023 (Family route)

All of these VISAs were applied inside the UK, so I believe I did not have to worry about any gaps, breaking immigration laws.
I did not break Continuous residence without gaps ( I did not leave the UK more than: 184 days at a time, 548 days in total)

My background
Initially I came to the UK for a degree so I had full time student visa (Tier 4 general). After that I switched to spouse/partner visa as I married a British citizen, with whom I have three children (thus our children are British). in 2017, Unfortunately I couldn't renew my spouse visa as 5 years route, and my visa was switched to 10 years partner route. Due to the Pandemic, it took really long to renew, that's why the last visa was renewed in 2021- and this visa will be expire soon.

Then I realised that my residence in the UK has reached 10 years at the year of 2022.

On the guidance, it says

You must have permission to stay (‘leave to remain’). This can be in any immigration category, or a combination of different immigration categories

There are some visa types you cannot include for L R though such as short-time study visa, I understand that my Tier 4 student visa should be included?

Which means, I don't have to renew my spouse/family visa under 10 years route (since 2014 October - 2024 October). Instead, I can apply for Indefinite to Leave to Remain based on Long Residence?

I think my case is quite rare...
I'd appreciate any kind of advice.

Thank you, Kitsune.

[vinny]

( I did not leave the UK more than: 184 days at a time, 548 days in total)

How did you get the 184 number?

What were your absences?

During a 10 year period (counting only whole days):
What was the maximum number of continuous absence days (at a time)? From when to when?
What was the total of absence days (in total)

[Kitsune]

Thank you for your reply vinny,

How did you get the 184 number?

That number is the equates to 6months, which Home office has updated on 13th April 2023. as it says below.

clarifying that 6 months equates to 184 days

clarifying that 18 months equates to 548 days

Quoted from; 1.3 Changes from last version of this guidance (https://www.gov.uk/government/publicati ... -residence)

What were your absences?

During a 10 year period (counting only whole days):

It's 197 days in total from 2012 to 2023, which means I did not break continuous residence as it is less than 548 days. Initially I got confused with counting absence days but did count only whole days...!

What was the maximum number of continuous absence days (at a time)? From when to when?

It's 44 days in 2014 when I went back to my home country to see my family.

What was the total of absence days (in total)

It's 197 days since 2012-2023, all the time I hold a Visa to enter the UK.

Absent days at any one time is less than 184 days (6months) for a holiday around Europe and etc, but I always hold a residence (VISA) in the UK as I share the categories of my VISAs in my first post.


Let me share a part of the Guidance.

5.1 Events that break continuous residence
Continuous residence is considered to be broken if the applicant has:

been absent from the UK for a period of more than 6 months (184 days) at any one time

spent a total of 18 months (548days) outside the UK throughout the whole 10 year period


Thank you very much for your help,
Kitsune

[vinny]

Thanks for highlighting the Guidance update. I think that you are well within the absence limits.

[Kitsune]

Dear vinny, thank you for your view.

May I ask you, what do you think about the visa categories?


Following Eligibility on the website (https://www.gov.uk/long-residence/eligibility), I and my husband believe that I should be eligible to apply ILR based on Long Residence.

You must have permission to stay (‘leave to remain’). This can be in any immigration category, or a combination of different immigration categories.

You cannot count time spent in the UK:

on a Standard Visitor visa or as a visitor without a visa
on a Short-term study visa
on a Seasonal Worker visa
on immigration bail
in a prison, young offender institution or secure hospital
You also cannot count time spent in Ireland, the Isle of Man or Channel Islands.

All of my VISAs are not in any of those categories.
History of my visa:
13/Dec/2011 - 24/Oct/2012 T4 (General) STUDENT
08/Jan/2013 - 05/Oct/2015 T4 (General) STUDENT
28/Oct/2014 - 28/Apr/2017 SPOUSE/PARTNER (5-year partner route)
23/Aug/2017 - 05/Mar/2020 (10-year partner route)
12/May/2021 - 11/Jun/2023 (Family route)

Thank you, Kitsune.

[zimba]

You are good to go. Apply for ILR

[vinny]

If you extended/switched in-time, etc., then looks okay to me.

[Kitsune]

Dear Zimba, vinny,

Thank you for opinion, I will go for it.
also thanks to the link about another topic for Long Residence. I have read it.

Kitsune

[Kitsune]

Hi, May I ask another question just to make sure before I start to apply online.
I opened the page for applying Settlement - Long Residence (https://visas-immigration.service.gov.u ... 1675781021)

This statement makes me worry again.

Use this form if you have lived in the UK lawfully for 10 years continuously and now want to apply to settle in the UK.

If you are the spouse or partner of someone who is settled and currently living in the UK and you have completed the relevant period of continuous leave in the UK using the 'Family Route', you cannot use this form. You must instead apply using the form Apply to settle in the UK - Partner of a person or parent of a child already settled in the UK.

Last 8 years (since Oct. 2014-current) I am on spouse/partner visa though, I have NOT completed the relevant period of continuous leave the UK.
I am currently on 10 years family route.

However, I do not have to stick on this 10 years Family Route, right?
I think it's because I am still eligible for ILR based on Long Residence that completed 10 years residence, which can include any types of visa (with some exceptions and I don't have to worry about this).

Just wanted to make sure this is right, I really would like to get ILR now, without having to wait another 1 year to complete the period of 10 years Family Route.

Kitsune

[zimba]

That note warns people who want to apply for ILR under the family route that they should use a different form. So it is there to prevent those applicants from using an incorrect form. You are applying under the long residence and your current visa type when applying under the long residence does not matter