Indefinite leave to remain if you have family in the UK

[jj809211]

Time in the UK if you’re on the 10 year route

You must have been living in the UK for at least 10 continuous years. You can include time you’ve spent on any other visas which lead to indefinite leave to remain.

You cannot include time you’ve spent in the UK as a fiancé, fiancée or proposed civil partner.

Please can someone help in the matter
This could be different from 10 year long residency not restriction one time spend our side Uk 10
Year route ilr

[jj809211]

Zimba please could you help me in the matter

My wife came to UK 12th July 2015. She was dependent of tier 1 entrepreneur spouse (husband). Later the spouse changed his status to ILR via 10 Years long residency.

Now she has valid visa and legal status under FLR FP 10 year route since March 2019.

One problem she spend around 284 days outside uk, she left Uk 1st June 2017 and returned on 14 feb 2018.

Her 10 year long residency completed on 11th July 2025. but their is breach on her 10 years long residency what is the solution and her FLR FP 10 year will completed match 2029.

I just search the Indefinite leave to remain if you have family in the UK

[zimba]

There are two separate routes: the 10-year long residence route and the 10-year family route. The long residence route has absence limits where the 10-year family route does not, however under the 10-year family route you need to have had 10 years under the family route only.

She could qualify under the long residence route maybe around late 2027 as long as her when she applies, she does not fail the absence limit in her immediate 10 years. However, note that the government is moving to introduce the new “earned settlement” rules for ILR, which means the 10-year long residence route will be scrapped altogether.

Under “earned settlement”, qualifying period for ILR will instead be determined based on many factors (salary, level of contribution, English language level, etc) rather than being just a fixed qualifying period. These changes are yet to be announced

[jj809211]

The date of The continuous residence periods will be calculated by counting back from whichever of the following dates is the most beneficial to the applicant:
(a) the date of application; or
(b) any date up to 28 days after the date of application; or
(c) the date of decision; or
(d) for a person applying for settlement on the UK Ancestry route.

The date of decision by case worker please clear my thought about this.

If we applied before 27th March 2027 and decision reached to September 2027 could be beneficial for us.

[zimba]

The date of The continuous residence periods will be calculated by counting back from whichever of the following dates is the most beneficial to the applicant:
(a) the date of application; or
(b) any date up to 28 days after the date of application; or
(c) the date of decision; or
(d) for a person applying for settlement on the UK Ancestry route.

The date of decision by case worker please clear my thought about this.

If we applied before 27th March 2027 and decision reached to September 2027 could be beneficial for us.

In theory yes. I covered this before.

READ --> All you need to know about applying early, the application date, 28-day concession and more

Again, I doubt that by that time there will be a long residence route at all

[jj809211]

6.5 Calculating the length of absences

The 12-month period
If the applicant’s qualifying period includes permission granted before 11 January 2018, any absences during that period of permission are considered in consecutive 12-month periods ending on the date of application.

Absences from the UK during a period of permission granted on or after 11 January 2018 are considered on a rolling basis over any 12-month period.

The table below shows how absences are considered based on an example of an applicant having permission granted prior to 11 January 2018 which expired on 28 July 2018, and where that person made a settlement application on 30 June 2020

. Any absences during a period of permission from 1 July 2015 to 28 July 2018 Any absences during a period of permission from 29 July 2018 to 30 June 2020
Considered in separate consecutive 12-month periods, ending on 30 June each year. Considered on a rolling basis from the applicant’s date of departure.

[zimba]

Under the long residence, the rule changes put in place since 11 January 2018 are NOT relevant at all. That is because at that time, the rules for long residence route were separate.

The rolling calculation was only introduced after rule changes in 2024 (from 11 April 2024) as the rules for absences were merged as part of the appendix continuous residence. This is important to know so you understand how the absence requirements under the long residence route really work.

For any absence periods started before 11 April 2024, the 184‑day limit applies only to a single continuous absence, as the old rules still applies. The continuous residence guide does not make this clear but the note regarding the long residence route at the end of 6.5 kind of refers to this fact

READ item 2 --> Long Residence settlement route (effective 11 April 2024)

I highly advise against interpreting guides and rules if you do not have any experience with the immigration system or the rules.

[jj809211]

Zimba have A decade of experience and commitment of assistance please if you have time check this this not about 10 year long residency

Immigration Rules Appendix Settlement Family Life (SETF)

And

Appendix Continuous Residence (CR)

Not Appendix Long Residence (LR)

CR 3.2. For any absence from the UK with permission granted under the rules in place before 11 January 2018, the applicant must not have been outside the UK for more than 180 days during any consecutive 12-month period, ending on the same date of their current application unless CR 3.3 applies, and subject to CR 3.4
CR 3.3. Subject to CR 3.4, where the application is under Appendix Long Residence, the applicant must not have:
- [ ] (a) spent a total of more than 548 days outside the UK during their qualifying period, where that 548-day total was reached before 11 April 2024; and
- [ ] (b) been outside the UK for more than 184 days at any one time during their qualifying period, where that absence started before 11 April 2024.
Note. Which means 10 years long residency applicant cannot applied the CR 3.2 rules may be refused. But under the (SETF) rules

Time in the UK if you’re on the 10 year route
You must have been living in the UK for at least 10 continuous years. You can include time you’ve spent on any other visas which lead to indefinite leave to remain.
You cannot include time you’ve spent in the UK as a fiancé, fiancée or proposed civil partner.
Under rules SETF 3.1 (2b) and SETF 3.2.(b)
Applicant can combine 10 year ilr for other visa.

- [ ] SETF 3.1. The applicant must have spent a continuous qualifying period in the UK of 10 years with permission under the following (or any combination of the following):
- [ ] a) entry clearance or permission granted as a partner or parent under Appendix FM (except for permission as a fiancé(e) or proposed civil partner); or
- [ ] b) permission described in the Home Office grant letter as “family permission as a parent” or “family permission as a partner”; or
- [ ] c) permission on the private life route under paragraph 276ADE or 276BE(2) before 20 June 2022 or Appendix Private Life; or
- [ ] d) entry clearance or permission as a child of a person with limited leave as a partner or parent under Appendix FM; e) permission granted outside the rules as a partner, a parent or child or because of private life on the basis of Article 8 of the Human Rights Convention.
- [ ] SETF 3.2. If the applicant does not meet SETF 3.1, the 10-year qualifying period can be met by also counting time on any other route that includes rules allowing an applicant to qualify for settlement, if the applicant:
- [ ]
- [ ] a) did not enter the UK illegally; and


b) has had permission as a partner (if applying as a partner) or parent (if applying as a parent) under Appendix FM for at least one year.

My question is they can will still applied with one long absence 270 days absent and split in connective 12 months periods end with time of ilr application such as 10th Oct 2026
As we known the above question

[zimba]

Under the 10-year family route (Appendix Settlement Family Life) there are NO absence limits at all. This has always been the case and remains the case as the rules stand today. I pointed this out to you previously

Paragraph CR 3.4(g) of Immigration Rules Appendix Continuous Residence, says:

CR 3.4. When calculating the period of absence in CR 3.1., CR 3.2. or CR 3.3., any period spent outside the UK will not count where the absence was for any of the following reasons:
(a)...
(b)...
.......
(g) for an applicant under Appendix Settlement Family Life, absences for work, study or supporting family overseas, so long as the family have throughout the period of absence maintained a family life in the UK and the UK remained their place of permanent residence;

https://www.gov.uk/guidance/immigration ... -residence

[jj809211]

Thank you Zimba for your sufficient information

So is there no restrictions on my wife 10 IlR via settlement family life.

Please let me know accordingly to the paragraph CR 3.4 (g) my wife can apply any time her ten year already completed
She was point base dependent since July 2015 and changed to family setttlement under 10 years dated March 2019 continue

[zimba]

Thank you Zimba for your sufficient information

So is there no restrictions on my wife 10 IlR via settlement family life.

Please let me know accordingly to the paragraph CR 3.4 (g) my wife can apply any time her ten year already completed
She was point base dependent since July 2015 and changed to family setttlement under 10 years dated March 2019 continue

She can only apply when she has 10 years under family route (time spent under other dependant visas will not count)

[jj809211]

Eligibility – partner or parent Appendix Settlement Family Life
Qualifying period and continuous residence – Appendix Settlement
Family Life
The qualifying period for settlement requirements are set out in paragraphs SETF
2.6. and 3.1. to 3.2., and the continuous residence requirements (paragraph SETF

For example, time spent as a skilled worker would count towards the qualifying
period, whereas time spent on the Tier 1 post-study route would not. Anyone granted
permission as a points based system dependant under Part 8 of the Immigration
Rules can count that time towards the qualifying period for settlement, regardless of
whether the person they were a dependent of was on a route to settlement.

If you last leave is under family settlement for one year you can can combine other visa route

[zimba]

The time spent under the part 8 of the rules was never included in the 10 years but it seems the newly introduced paragraph SETF 3.2 goes far beyond the dependant routes and now allows you to include any time spent under any route that leads to settlement.

Qualifying period requirement for settlement as a partner or parent based on a qualifying period of 10 years

SETF 3.1. The applicant must have spent a continuous qualifying period in the UK of 10 years with permission under the following (or any combination of the following):
(a) entry clearance or permission granted as a partner or parent under Appendix FM (except for permission as a fiancé(e) or proposed civil partner); or
(b) permission described in the Home Office grant letter as “family permission as a parent” or “family permission as a partner”; or
(c) permission on the private life route under paragraph 276ADE or 276BE(2) before 20 June 2022 or Appendix Private Life; or
(d) entry clearance or permission as a child of a person with limited leave as a partner or parent under Appendix FM; or
(e) permission granted outside the rules as a partner, a parent or child or because of private life on the basis of Article 8 of the Human Rights Convention.

SETF 3.2. If the applicant does not meet SETF 3.1, the 10-year qualifying period can be met by also counting time on any other route that includes rules allowing an applicant to qualify for settlement, if the applicant:
(a) did not enter the UK illegally; and
(b) has had permission as a partner (if applying as a partner) or parent (if applying as a parent) under Appendix FM for at least one year.

So you are correct to point that your spouse it indeed qualifies now under these rules.

[jj809211]

I am glad that you agree now tension released and we can apply any time before 26 March 2027 to avoid b2 English test