ILR UK, 60 Month Rule

[Ch23]

Hi, 

 

I am british and my wife is Thai. She was granted a settlement visa for the UK on 15/07/14. For various reasons she didn't arrive in the uk until 08/12/14. Ordinarily, because she took longer than 3 months to arrive in the UK she would need to apply for FLR(m) twice before she clocks up the 60 months required for ILR. However, when she applied for stage one of the FLR(m) visa in April this year it took 14+ weeks for a decision to be made. Her current visa expires in jan 2020. This would bring her back to 61 months on its expiry

 

Question is does this 'limbo' visa waiting period count towards accuring the 60 months? Is her next step ILR? 

 

My initial thought is yes because her visa is automatically extended whilst it is being considered. I haven't considered leave due to holidays but there haven't been any absenses longer 180 days in a year, in fact way below that, so it doesn't count. Does anyone have any expierence or thoughts? 

 

Thanks.

[rasg]

Interesting one.

 

Presumably you got married in Thailand and her settlement visa lasted for 33 months? On that presumption she came to the UK 7 weeks later than originally planned. The way I understand it the 14 plus weeks does count towards the five years living in the UK to qualify for ILR. You are fortunate that FLR took over 14 weeks I think.

 

My wife's first FLR took seven weeks but she arrived in the UK three days after the start date on her settlement visa.

 

 

[Ch23]

Yes to her originally visa length.

 

Thanks. I agree. Anyone else have any experience? 

[7by7]

In order to apply for ILR via 5 year  the family route she needs, among the other requirements, 

• to have been a UK resident for at least the last 5 years,
• to hold a valid UK leave to remain.

She first arrived in the UK on 8/12/14, so will have been a resident for 5 years on 7/12/19 (although she can apply up to 28 days before this date).

 

Her current FLR expires in January 2020, so it will still be valid in December 2019 when she has lived here for 5 years.

 

Therefore, I see no need for her to obtain a second FLR.

 

To be honest, I don't quite understand why the start of her FLR was not back dated to the date of her application; but go by it's expiry date; Jan 2020.

 

BTW, you say

11 hours ago, Ch23 said:

. I haven't considered leave due to holidays but there haven't been any absenses longer 180 days in a year, in fact way below that, so it doesn't count.

There is no maximum time allowed out of the UK whilst qualifying for ILR, although applicants do need to show that they are UK residents and have been for the entire period. Obviously short absences for holidays, family visits etc. are ignored. In cases of longer absences, each case is treated on it's own merits.

 

There is a maximum time allowed out of the UK whilst qualifying for British citizenship, though. For the spouse of a British citizen this is no more than 270 days during the three years prior to the application, with no more than 90 days in the final year; though there is some discretion allowed on this due to circumstances.

 

 

 

[Ch23]

Many thanks for the confirmation. I was expecting her latest visa to be dated back-to-back. But once i saw it worked in my favour i do not intend to ask. Finally a bit of luck in the system. A potential lesson for others in a similar situation.

 

I appreciate the leave comments, that is my understanding but wanted to be sure on others interpretation. She has only had very short absenses.