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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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How can my friend obtain his indefinite leave to remain having

Customer Question

How can my friend obtain his indefinite leave to remain having experienced marital breakdown. He was married to a British and had a son but his wife divorced him just a month before he's due for indefinite leave to remain and she stopped him contact with his son. But after going through court processes for 2 years to get contact his son and apply for parent exercising access right he was granted 30months visa and letter saying he will be qualifying for indefinite leave next 120months.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
When did your friend get his visa and was it a spouse visa? How long has he lived in the UK and what is his nationality?
Customer: replied 2 years ago.
Got his visa his spouse visa 2009 and he has lived in UK since 2007 on working holiday visa and his Nigerian
Expert:  UKSolicitorJA replied 2 years ago.
Thank you
Why did he not apply for ILR in 2011 after 2 years on his spouse visa? What visa does he currently hold?
Customer: replied 2 years ago.
Just a month to qualify for ILR in 2011 he had a marital breakdown which resulted that he can't apply for ILR as he didn't complete the 2 years spouse visa leading to ILR and he then apply as a parent exercise right to child born in 2009 but was denied contact which resulted inXXXXXprocess before he had final court contact order in his favour. He is now on 30months visa and will have to go through 120 months visa to qualify for ILR instead of 12 months before ILR due to change in rules.
Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

He is very unfortunate not to have obtained ILR in 2011 as he was allowed to apply for ILR a month before his 2 year probationary period was up, and he would very likely have got ILR had he applied then.

Unfortunately, he is now on the 5 year route and will need to apply for another extension for 30 months before he will get ILR.

Can I help further?
Customer: replied 2 years ago.
But the letter ukba gave him states 120 months which is 10years. How are his options since you are saying 5years
Expert:  UKSolicitorJA replied 2 years ago.
If he has been here lawfully all the time since 2007, he would qualify for ILR in 2017 on the 10th anniversary of his first entry to the UK as a working holiday maker.

This is under the 10 years long residence rules.

Further information here

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/269834/longresidence-life.pdf

Can I help further?
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
You mean he can switch to 10 years long resident rules from the current route he is on his visa
Expert:  UKSolicitorJA replied 2 years ago.
Yes, he may apply for ILR on his 10th anniversary in the UK provided he has been here lawfully during the 10 years
Customer: replied 2 years ago.
I will like to know if speeding fines could stop him from ILR on his 10 anniversary. He has six points on UK license.
Expert:  UKSolicitorJA replied 2 years ago.
That is a separate question please
Customer: replied 2 years ago.
Yes I know but I don't want to go through all the past stories or background with it
Expert:  UKSolicitorJA replied 2 years ago.
Don't worry, I will have access to the history. Just start your question "For UKSolicitorJA" only

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