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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 8148
Experience:  English solicitor with over 12 years experience
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Can I would like to ask about making an early application

Customer Question

can I would like to ask about making an early application for further leave to remain
JA: Where are you? It matters because laws vary by location.
Customer: birmingham United Kingdom
JA: What steps have you taken so far?
Customer: none
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I am wanting to ask a question about making an application for further leave to remain under the new concession to the family immigration rules
Submitted: 9 days ago.
Category: Immigration Law
Customer: replied 9 days ago.
Hello my brother is turning 25 on the 28th of November. He has limited leave to remain expiring in Augast next year. He is on the 10 year route but we would like to make an application for early leave to remain on the basis of the new concession to the family immigration rules before he turns 25.
Customer: replied 9 days ago.
We are worried that applying too early might make his application invalid is that correct?
Expert:  UKSolicitorJA replied 8 days ago.

Hello,

I am a solicitor.

Your brother would appear to qualify for ILR under the new concession but he should apply before he turns 25 years, see here: https://www.connaughtlaw.com/early-ilr-concession-policy-for-children-and-young-adults/

May I help further?

Customer: replied 8 days ago.
Thank you. We are worried that we are making the application long before the expiry of his leave. They normally say do it 28 days before. Will that still be ok?
Customer: replied 8 days ago.
My brothers 5 years is not continuous will this affect it?
Expert:  UKSolicitorJA replied 8 days ago.

You need to apply ASAP before his 25th birthday under the concession, do not worry about the 28 days rule as the concession overrides that.

All the best

Customer: replied 8 days ago.
Thank you so much and just to double check does it matter that his 5 years leave is not continuous.
Expert:  UKSolicitorJA replied 8 days ago.

He should have spent at least half his life continuously in the UK in addition to the 5 years limited leave to remain; https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1028126/Concession_on_longer_periods_of_leave_and_ILR.pdf

All the best

Customer: replied 5 days ago.
Hello, to apply for early indefinite leave to remain under the new concession do you need to make an application for further leave and request to be considered under the concession or do you need to apply for indefinite leave to remain.
Expert:  UKSolicitorJA replied 3 days ago.

There has to be a request for ILR, so I would say apply for ILR.

All the best