Urgent (ilr refused due to delay in application)

[Binte]

I’m writing to seek your guidance on a deeply distressing situation regarding my immigration status.

For the past 12 years, my family and I have lived lawfully in the UK. We’ve always applied on time, followed every rule, and never claimed any public benefits. We are an educated, stable, and successful family — contributing through taxes.

I completed 10 years of continuous lawful residence, and also spent 5 years as a dependent of an ILR holder. Due to a misunderstanding of the visa rules and some unexpected family circumstances, I submitted my ILR application three months late. The Home Office refused my ILR and instead granted me leave under the 10-year family route, based solely on my British child, who is 8 years old.

My husband is a British citizen, and his income exceeds the financial requirement for the 5-year partner route. Yet, I was not placed on that route. My lawyer submitted a pre-action protocol to challenge the decision, but that was refused. We are now being advised to proceed with a judicial review, which may involve court hearings. My lawyer believes that there are some chances that judge might accept our circumstances.

We’ve already spent a significant amount on the ILR application and the health surcharge. Emotionally and financially, this process has taken a toll on us. I’m now torn between continuing the legal fight for ILR or submitting a fresh application under the 5-year partner route as the spouse of a British citizen. I have already paid heath surcharge on July for the family route visa, if I apply now for a 5 years route, is there any possibility to getting it adjusted by the homeoffice or do I have to pay the health charges again?

I would be truly grateful to have some advice on which path should I choose. Should I continue with my legal battle for Ilr or start a new application for 5 yrs route?

Thank you

[Binte]

Home office gave the decision of granting family route visa on 16th of July,2025.

[secret.simon]

I completed 10 years of continuous lawful residence, and also spent 5 years as a dependent of an ILR holder. Due to a misunderstanding of the visa rules and some unexpected family circumstances, I submitted my ILR application three months late.

As a general rule, you need to have valid leave at the time you apply for ILR. If your leave has expired, as it appears to have in your case, you wouldn't be eligible for ILR.

Did you apply for ILR on the basis of 10 year long residency or on the basis of five year ILR dependant status? Which form did you use?

Also, have you completed 10 continuous years of legal residence in the UK? Note that the question is about legal residence and 10 complete years, not an approximation if that number.