28 Day Rule For Extending Visas FLR/ILR

[Rob180]

Hi, could someone clarify this please? I found a part about this somewhere, but it was ambiguous and I can't find it again now.  The immigration rules state that when applying for FLR or ILR as a spouse you should not apply earlier than 28 days before your current visa expiry date. I assume this is to prevent visa durations being shortened which could result in someone's FLR expiring before they have been in the UK 5 years which would prevent them applying for ILR. I also assume that if someone has already been in the UK for more than 5 years, this 28 day rule does not apply as they have already completed 5 years residence? In short, if you have been here say 6 years already on FLR because you have had FLR twice, can you apply for ILR any time after 5 years? Thanks.

[fifelad55]

I find that strange as I believe they say that it can take up to 6 months to approve any application.  Applications can be made in person. I think at an extortionate additional fee

 

Alan

[bigyin]

For ILR you can apply from 28 days before completing five years in the UK up until the date of expiry of your current Visa.

[Rob180]

23 hours ago, bigyin said:

For ILR you can apply from 28 days before completing five years in the UK up until the date of expiry of your current Visa.

Yes, but my query is .....does that rule apply if you've been here 6 years already?  I'm 99% sure it does not apply and that if you are on FLR after 5 years still (typically I think this can happen because someone has not achieved B1 or passed the Life In The UK Test within 5 years) you can apply for ILR as soon as you meet the requirements that you couldn't meet previously. I'm pretty sure I read this in the immigration rules, but as yet I cannot find the part where this is mentioned. I will find it eventually I suspect!

[Rob180]

I've found the part where this is mentioned!!  Family Policy (Version 14).

 

"If the applicant has already completed 60 or 120 months in the UK with limited leave as a partner, they should be informed that, should the reason they do not meet the requirements for indefinite leave to remain be overcome, they will be eligible to make a further charged application for indefinite leave to remain at any time within the 30 month period of leave granted under paragraph D-LTRP.1.2. or D-ILRP.1.2. They do not need to wait until their leave expires if they become able to meet all the requirements. If not, they should make their next application no more than 28 days before their leave is due to expire, or no more than 28 days before completing the period of leave in the UK required for them to be eligible to apply for indefinite leave to remain."

 

Looks like that answers it - you can apply for ILR any time once you have been in the UK at least 5 years and can meet the eligibility requirements.

Edited November 3, 2021 by Rob180

[bigyin]

16 hours ago, Rob180 said:

Yes, but my query is .....does that rule apply if you've been here 6 years already?  I'm 99% sure it does not apply and that if you are on FLR after 5 years still (typically I think this can happen because someone has not achieved B1 or passed the Life In The UK Test within 5 years) you can apply for ILR as soon as you meet the requirements that you couldn't meet previously. I'm pretty sure I read this in the immigration rules, but as yet I cannot find the part where this is mentioned. I will find it eventually I

16 hours ago, Rob180 said:

I've found the part where this is mentioned!!  Family Policy (Version 14).

 

"If the applicant has already completed 60 or 120 months in the UK with limited leave as a partner, they should be informed that, should the reason they do not meet the requirements for indefinite leave to remain be overcome, they will be eligible to make a further charged application for indefinite leave to remain at any time within the 30 month period of leave granted under paragraph D-LTRP.1.2. or D-ILRP.1.2. They do not need to wait until their leave expires if they become able to meet all the requirements. If not, they should make their next application no more than 28 days before their leave is due to expire, or no more than 28 days before completing the period of leave in the UK required for them to be eligible to apply for indefinite leave to remain."

 

Looks like that answers it - you can apply for ILR any time once you have been in the UK at least 5 years and can meet the eligibility requirements.

Yes the 28 day thing only applies if you haven’t done 5 years. Once you have been in the UK for five years, have passed life in the UK and obtained B1 English then you can apply for ILR at any time Within the validity of the current Visa.

[Rob180]

On 11/3/2021 at 4:29 PM, bigyin said:

 

Thanks for clarifying. They could easily have put that information somewhere easier to find but the "Guidance Notes" are not designed like that!