Calculating ILR visa timing.

[Guemlum]

Hi all,

 

My wife is currently here in the UK on an FLR visa (family route). She originally arrived in the UK on the 07/05/2018 and is on the 5-year route.

 

Her current FLR visa is valid until the 13/01/2024 which means she will have been in the UK for 5 years, 8 months and 7 days.

 

I need some help/guidance with timing as it’s a little bit confusing as to when she can apply for her ILR visa.

 

Can she apply in May this year as this is when the 5 years will be up or has she got to wait until 28 days before her current visa expires on the 13/01/2024?

 

I did find a document on the .gov.uk website regarding “continuous residence” which states that…

 

CR 2.1. To meet the continuous residence requirement the applicant must not have been outside the UK for more than 180 days in any 12-month period.

 

If the above regarding continuous residence is the case, my thoughts are that she will be able to apply in May this year as she’s only been out of the UK with me on holidays totalling 6 weeks since she arrived in 2018.

 

Any help would be much appreciated.

 

Guemlum

 

 

[bigyin]

She can apply 28 days before completing 5 years in the UK, so 9 April 2023.  I did this for my wife.

[Guemlum]

bigyin, that's good to hear.

 

I don't suppose its going to be an issue if we applied in May, June or July as we won't have all the supporting documents by then and she's got clearance until Jan 2024? The above date you mentioned would simply be the earliest she could apply.

 

Guemlum

[bigyin]

On 1/3/2023 at 11:59 AM, Guemlum said:

bigyin, that's good to hear.

 

I don't suppose its going to be an issue if we applied in May, June or July as we won't have all the supporting documents by then and she's got clearance until Jan 2024? The above date you mentioned would simply be the earliest she could apply.

 

Guemlum

That’s correct, anytime up until visa expires.

[youreavinalaff]

Sorry but I'm confused.

 

Settlement visa and FLR are 2.5 years. Where does the extra 6 months or so residence in UK come from? Thanks.

[Guemlum]

youreavinalaff... It does sound unusual but I believe it all has to do with processing times. Always look at the “valid until date” on your wife’s BRP and make sure you apply a minimum of 28 days before that expiry date. 5 years is calculated from the time they enter the UK. My wife’s timeline is as follows…

 

Arrived in UK on 07/05/2018

Her first BRP gave her leave up to 03/02/21

FLR visa to be applied for a minimum of 28 days before 03/02/21 - Actually applied on the 10/01/21

FLR visa granted on 20/06/2021

Her second BRP gives her leave up to 13/01/24

 

As bigyin says, she will be eligible at the earliest to apply for her ILR visa a minimum of 28 days before the 5 years from when she first entered the UK is up. She can if she chooses to apply later but before her current leave expires on the 13/01/24.  I've since had this confirmed by UKVI.

 

Guemlum

[youreavinalaff]

Interesting.

 

My wife arrived in UK in Novrmber 2019 on a visitor visa. We applied and received a settlement visa in country due to the Covid19 pandemic and travel restrictions. 

 

Leave to remain ends March so applying for FLR in February. On countback as it stands she will have been in UK 10 months longer than she has had leave to remain. I'm guessing this next application will be added as 2.5 years on from her current expiry date. Thus, she will have leave to remain upto September 2025 but will have been in UK 5 years by November 2024.

[bigyin]

8 hours ago, youreavinalaff said:

Interesting.

 

My wife arrived in UK in Novrmber 2019 on a visitor visa. We applied and received a settlement visa in country due to the Covid19 pandemic and travel restrictions. 

 

Leave to remain ends March so applying for FLR in February. On countback as it stands she will have been in UK 10 months longer than she has had leave to remain. I'm guessing this next application will be added as 2.5 years on from her current expiry date. Thus, she will have leave to remain upto September 2025 but will have been in UK 5 years by November 2024.

Then she can apply for indefinite leave to remain anytime after October 2024 ie 28 days before completing 5 years in the UK.  She doesn’t have to wait until her visa expires.

[youreavinalaff]

12 hours ago, bigyin said:

Then she can apply for indefinite leave to remain anytime after October 2024 ie 28 days before completing 5 years in the UK.  She doesn’t have to wait until her visa expires.

Thanks.

 

However, I'm struggling to see the benefits of applying early.

[bigyin]

5 hours ago, youreavinalaff said:

Thanks.

 

However, I'm struggling to see the benefits of applying early.

The big benefit for some people is that ILR gives access to benefits and of course with the UK’s pre occupation with immigration it is a safeguard against any possible changes to the rules and regulations. ILR gives security of residence and entitlements but a personal choice, of course.

[BlueScouse]

Plus fees go up every April

[youreavinalaff]

On 1/8/2023 at 2:59 PM, bigyin said:

The big benefit for some people is that ILR gives access to benefits and of course with the UK’s pre occupation with immigration it is a safeguard against any possible changes to the rules and regulations. ILR gives security of residence and entitlements but a personal choice, of course.

I would think any changes to procedures for those seeking to stay legally would be in favour of the applicant.

[bigyin]

26 minutes ago, youreavinalaff said:

I would think any changes to procedures for those seeking to stay legally would be in favour of the applicant.

I doubt that as historically things have not moved that way but as I said personal choice and of course personal opinion. I did my wife’s ILR as soon as I possibly could.

[youreavinalaff]

19 hours ago, bigyin said:

I doubt that as historically things have not moved that way but as I said personal choice and of course personal opinion. I did my wife’s ILR as soon as I possibly could.

The decision to offer IHS refunds to those working in health care springs to mind.

 

 

[bigyin]

38 minutes ago, youreavinalaff said:

The decision to offer IHS refunds to those working in health care springs to mind.

 

 

I have nothing further to offer as I have said what I think.