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Part suitability Overstay - ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Davido774
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Posts: 3
Joined: Sat Aug 22, 2020 11:46 pm
United Kingdom

Part suitability Overstay - ILR

Post by Davido774 » Wed Nov 19, 2025 11:28 pm

My Immigration Background:
Came to the UK: September 2012 on a visiting visa.
Overstay: Stayed until 2019.

No criminal record, no driving offences, no immigration issues apart from the overstay.

First Child: Born in 2019.
Application Submitted: 2019 for family life based on British child and partner.
Status Granted: December 2019 on a 10-year route as a partner.
Switched to 5-year Route: married my wife, Granted FLR(M) on January 19, 2021.
Extensions Granted: Until February 15, 2026.

Next Steps:
My five years will end on January 19, 2026 (based on the first FLRM application date), and I can apply for ILR 28 days before that.

Question: Is it okay to submit my ILR application on December 22, 2025

Part Suitability Concerns:
Is there anything I should worry about regarding my past overstaying? The Home Office approved my stay in 2019 after I explained the overstay. I’m banking on these wordings

“ unless entry clearance or further permission has subsequently been granted in the knowledge of the breach”

Please let me know how best I can prepare myself. Thank you in advance

New Rule (SUI 11.4):
SUI 11.4. An applicant will be treated as having breached immigration laws if, aged 18 or over, they:
(a) overstayed their permission, unless an exception in SUI 11.5. or SUI 11.6. applied to that period of overstaying; or
(b) breached a condition attached to their permission, unless entry clearance or further permission has subsequently been granted in the knowledge of the breach; or
(c) were (or still are) an illegal entrant; or
(d) used deception in relation to a previous application (whether or not successfully).

Davido774
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Posts: 3
Joined: Sat Aug 22, 2020 11:46 pm
United Kingdom

Re: Part suitability Overstay - ILR

Post by Davido774 » Thu Nov 20, 2025 11:17 am

CR001 zimba - any feedback or thoughts please?

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zimba
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Re: Part suitability Overstay - ILR

Post by zimba » Fri Nov 21, 2025 2:08 am

There are no concerns as you were granted visa after your overstaying period
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Davido774
Newly Registered
Posts: 3
Joined: Sat Aug 22, 2020 11:46 pm
United Kingdom

Re: Part suitability Overstay - ILR

Post by Davido774 » Fri Nov 21, 2025 8:44 pm

zimba wrote:
Fri Nov 21, 2025 2:08 am
There are no concerns as you were granted visa after your overstaying period
Thank you, I will keep the forum updated on my outcome...

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