10-year Long Residence eligibility with FLR (M) extension looming

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10-year Long Residence eligibility with FLR (M) extension looming


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Old 14th November 2019, 12:22 PM
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Question 10-year Long Residence eligibility with FLR (M) extension looming

Hello,

I have what I feel maybe a stupid question but would like some clarity on my situation, please. I am coming into unknown territory with my immigration status.

I came to the UK with a student visa on 11-9-2011. I have remained in the UK since on a student extension, work visa and now partner visa. I currently meet all the requirements for the 10-year Long Residence route except for the 10 years itself (I am roughly 8 months away from 10 years).

Here comes my quandary:

I am on my first extension of FLR (M) visa. My current visa expires January 2020, around 8 months before I will be eligible to apply for the 10-year Long Residence route.

I am currently in the process of preparing my FLR (M) extension application. I was checking the gov.uk site today to see if any changes had been made to the 10-year route for documents, etc. and noticed this section:

"Exceptions

You may be able to extend your stay for another 2 years (known as 'leave to remain') even if you do not meet all the eligibility requirements.

Fees

What you're applying for
Settle 2,389
Extend 1,033"

I am confused. Does this extension mean I can apply for the 10-year route now without meeting the actual 10 years yet but be granted an extension then apply again in two years? Or is this not applicable to me and I still need to renew my partner visa then apply for the 10-year route once I have actually been here for a full 10 years?

Sorry if this is a stupid question, I don't know how the permanent residency visas work just yet and would really appreciate any clarity you can bring to me. Thank you very much. I deeply appreciate it.

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Old 14th November 2019, 12:43 PM
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Quote:
I came to the UK with a student visa on 11-9-2011. I have remained in the UK since on a student extension, work visa and now partner visa. I currently meet all the requirements for the 10-year Long Residence route except for the 10 years itself (I am roughly 8 months away from 10 years).
How do you get 8 months? If you've been in the UK continuously since September 2011, you wouldn't qualify until September 2021... Almost two years away. Technically August 2021 if you subtract the 28 days where you can submit an application in advance.

You still need to apply for FLR(M) to extend your current visa

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Old 14th November 2019, 03:09 PM
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Sorry, it was a typo. It should be September 2010. Thank you for reply.

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Old 14th November 2019, 04:34 PM
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Ok, then yes you will still need a FLR(M) extension to get you to the qualifying 10 years.

You can ONLY get the 2 year extension you quoted if the specific ILR requirement you're missing is either the LITUK test or the English Language requirement. You can't use it to extend your stay to 10 years, that wouldn't make sense (otherwise the 10 year Long Residence requirement would effectively be an 8 year requirement)

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Old 14th November 2019, 09:30 PM
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Ah, that makes sense. I wasn't exactly sure what the exceptions meant. Thank you!

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Old 15th November 2019, 10:52 AM
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They explicitly state this in the Eligibility section here: https://www.gov.uk/long-residence/eligibility

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