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Thomas, Solicitor
Category: UK Immigration Law
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10 year Long term residence

Resolved Question:

I will have spent 10 years in UK on September 2nd 2012. Currently I am on a Tier 2 visa which will expire on 10th August 2012. I want to make an application for permanent residence on the basis of 10 year long term residence on 10th August 2012, about 3 weeks before my 10 year is complete. Can I still apply for indefinite leave to remain or will I not be eligible?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.


You will see from the following guidance from the UKBA on granting applications based upon long residence that they are permitted to grant ILR to applications which are received 28 days less than when the applicant reaches the 10 year period:-
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/other-categories/long-residence.pdf?view=Binary

Please refer to page 15 of the guidance for entry clearance officers and the heading at the bottom of that page entitled “Applications received 28 days or less before the required qualifying period is Completed”

Provided you otherwise meet the eligilibility criteria then if you apply three weeks before you reach the ten year period then you will be granted ILR.
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Kind regards,


Tom
Customer: replied 2 years ago.
Hi. Thanks for your answer. What I didn't explain very clearly is the fact that I have already taken those 28 days into consideration. My actual 10 year period is over on September 30th 2012. If you deduct 28 days then the qualification period starts from September 2nd. My question is, if I apply 3 weeks earlier, even after taking those 28 days, will there be any problems? Will my application be refused?
Expert:  Thomas replied 2 years ago.
Hi,

I see. Yes, I would expect it to be refused because of the passage immediately above the one I referred you to before:-

"Applications received more than 28 days before the required qualifying period is completed You must refuse applications received more than 28 days before the applicant completes the required qualifying period for long residence. This is because the applicant has not completed the required period of leave in the UK"

There (and I know it's frustrating) you must apply for FLR prior to making the application for ILR. It's unfortunate timing, but the reality is that we are talking about the rest of your life and to prejudice it in these cirucmstances would be a great shame.

Trust this clarifies, please click accept.

Kind regards,

Tom
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Experience: BA (Hons), PgDip, Practising Solicitor
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