Does 10 years continuous stay with derivative rights, lead to ILR under the immigration rules?

goodreasons made this Freedom of Information request to Home Office

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by Home Office.

Dear Home Office,

Is it possible that a person granted derivative residence card can apply for indefinite leave to remain under the immigration rules after completing 10 years continuous residence in the United Kingdom

Yours faithfully,

T Laurent

FOI Requests, Home Office

T Laurent,

Thank you for contacting the Home Office with your request.

This has been assigned to a caseworker (case ref 42643). We will aim to send you a full response by 23/02/2017 which is twenty working days from the date we received your request.

If you have any questions then please do not hesitate to contact us.

Thank you,

P. Zebedee
FOI Requests
Home Office

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Dear FOI Requests,

The response to my request has been delayed.
By law, the Home Office should have responded promptly.

Please could I have a response

Yours sincerely,

T Laurent

generalimmigrationenquiries, Home Office

Dear Sir/Madam,



Thank you for your email correspondence of 24 February.


If you wish to apply for Indefinite Leave to remain on the basis of
completing 10 years in the United Kingdom, please refer to the following
links for further information:


Please note that as the onus is upon the individual customers to ensure
that they satisfy the requirements set out in the guidance material that
accompanies each and every application form, UK Visas and Immigration is
not able to give, indicate or advise upon the outcome of any such
application prior to it being given full and careful consideration. 
Therefore, you are advised to read through the guidance prior to
submitting a future application.


We are unable to advise you any further on your enquiry and you should
seek immigration advice if you need help with permission to stay in the
UK.  Immigration advisers can help you with immigration matters, including
completion of forms and representing you at a tribunal.  The Office of the
Immigration Services Commissioner (OISC) regulates immigration advisers,
which means they must meet certain standards.


Please see the link below to find an immigration advisor:


Yours faithfully,



Liz Smith

Customer Service Operations

UK Visas and Immigration




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Wayne Pearsall left an annotation ()

You need to rephrase your request.

Please supply all information you hold relating to how you calculate lawful residence when am applicant applies for ilr under the 10 year route, where the applicant has a right to remain pursuant to eu law and derivative rights.

goodreasons left an annotation ()

Thanks for the advice. I've created a new foi and worded it as you've suggested.