ILR Eligibility

[ederson231]

A non-British national has lived in the UK legally since March 2015 under the 10-year partner route. He originally entered the UK as a visitor at age 16. Now, he is 35 yrs old and overstayed but regularised his status in 2015 after having a child with his British partner.

He was granted Limited Leave to Remain from 10 March 2015 and has renewed it successfully each time since then. His current leave is valid from 27 November 2023 to 31 May 2026.

He separated from his partner in March 2024 but maintains regular contact with his British daughter, born in December 2014. He has access rights, and his ex-partner supports his role as a parent and is willing to write a letter confirming this.

He now wants to apply for Indefinite Leave to Remain based on the parent route (10-year route), as he has completed over 10 years of lawful residence under Appendix fm since his grant of leave.

Can he apply for ILR now under the parent route, or another route (i.e private life) or does he need to apply for an extension first to switch

[zimba]

I suggest the long residence route so that he can apply on his own and qualify on his own without the need to rely on the family rules.
However they need to be aware of the recent changes to ensure he is eligible.

See: Lawful and continuous residence changes to Long Residence route from 11 April 2024