Qualifying period for ILR

  • Hiya,

    I am hoping to apply for ILR (10 years long residence) in 2 years time as I've recently received another visa extension. However, I'm just trying to add up my days and not sure if I will be able to qualify in 2 years time.

    1. I arrived in the UK on 01/10/2009 and my latest visa grants me stay til 15/08/2019. I am technically a month and a half short but could I apply for ILR (LR) during Aug 2019?

    2. Also when calculating the number of days away from the UK, I was just wondering, say if I leave the UK on 13/08 and return to the UK on 05/10 - do both days count as days out of the country?

    Thank you!

  • Immigration Adviser

    Dear Jojobon,

    Many thanks for your enquiry to White Rose Visas.

    You can apply for SET(LR) up to 28 days before you are eligible. You are eligible on 1st October 2019 and therefore you cannot apply for SET(LR) until 3rdSeptember 2019.

    An option is to apply through an FLR(HRO) application.

    From the dates you have provided, it will be possible to make the ILR application and ensure that there is no gap in lawful residence. You would need to submit an FLR(HRO) application via post on the last day of your current visa – this application will not succeed however we rely on the fact that it will not actually be considered. Providing that any valid application is submitted in time, you are covered by 3C leave, which means that the conditions of your previous grant of leave are extended whilst the Home Office consider your application.

    As part of the application process you will receive an invitation to enrol your biometrics - this does not come immediately and in some cases, can be delayed by a significant period. Once you receive this invitation you have 15 working days in which to provide your biometrics. Your FLR(HRO) application cannot be considered until your biometrics have been given. This means that there is a high chance that a decision will not be made until the point at which you will be eligible to make the ILR application (28 days before you complete the qualifying 10-year period). At this time, we would submit a SET(LR) application, which has the effect of cancelling the FLR(HRO) application.

    In relation to your absence question, the date that you left the UK and arrived to the UK would not be counted in the absences.

    Please see a link to our absence calculator: http://www.whiterosevisas.co.uk/settlement.html

    If you require any further information or would like to proceed with this option, please do not hesitate to contact us.

    Kind regards,

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