ILR Application in 10 years route

[naveenchalla]

Dear Sir / Madam,

I have been living in U.K. for over 10 years now and below is the summary.

Jan-2015 to Dec-2019 -> ICT Visa (I had completed 5 years hence I had to leave UK)
Jan-2020 to Dec-2022 -> Dependent visa (My wife got skilled worker visa and I have travelled back in a month by applying visa from India )
Jan-2023 to Present -> Skilled worker visa (I have got skilled worker visa in Jan-2023 which is expiring in Jan-2028)

Am I eligible for ILR in 10 years route ?

[zimba]

Yes. Also, make sure to read the following topics very carefully !

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

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

[naveenchalla]

Hi there,

I am currently eligible for ILR in 10 years route. In 2022, I have over stayed in abroad for 21 days which is exceeded 184 days due to the visa delays for my child. I went to India on maternity leave and submitted visa application for child in Mar-2022. The first available appointment for biometric submission was in Apr-2022. I have got the visa after 80 days. I have the below evidences with me to justify the delay.

1) Original travel ticket which outlines that i had planned to travel back within allowed period.
2) Visa related notifications from VFS to outline the timelines.
3) Rescheduled travel ticket.

Unfortunately, I don't have any email or notification from VFS which outlines the delays in processing visa's at that time. I remember it was displayed in the Home office and VFS websites about the delays post COVID pandemic. I didn't took any screenshots hence i cannot provide such evidence.

Can I still go for the application with above listed documents and along with a cover letter explaining the situation ?

Any suggestions will be much appreciated.

Thanks,
Tulasi

[zimba]

The UKVI does not have to exercise discretion to enable you to get ILR. If you do not qualify, then it is very unlikely that you will be granted ILR. Your visa took 80 days but what about the other 100 days ? What exceptional circumstances did you encounter that prevented you from coming back ?

Remember that such discretions are very rarely exercised

[secret.simon]

I am assuming a heteronormative family unit, and if that is not the case, please excuse me, but this thread confuses me a bit.

(My wife got skilled worker visa and I have travelled back in a month by applying visa from India )

I am presuming that this is the husband/non-child-bearing parent in modern parlance.

I have over stayed in abroad for 21 days which is exceeded 184 days due to the visa delays for my child. I went to India on maternity leave

I presume that this is the wife/child-bearing parent.

Are both parents applying on the 10 year pathway, or is it just one or the other?

Did both parents overstay the 184 day limit following the birth of the child or was it just one parent who overstayed?

Would either parent qualify for ILR under another pathway to ILR soon (in a year or so)?

[naveenchalla]

Sorry for the confusion. This application is for the Mother. Her partner already has an ILR and both children are U.K citizens at the moment. She is applying for the ILR in 10 years route and overstayed in 2022 by 21 days. Please let me know if anything else is unclear.