ILR date CONFUSED!!!!! PLEASE HELP AMBER, VINNY, OBIE

[solospy]

After looking at some posts I am confused about the ILR appointment date for my wife who will be applying on form Set (M) under 2 years as a spouse of person settled in the UK (Pre 9th July 2014 rule). Her Visa was stamped on 17th Nov 2012 but she landed in the UK on 1st Dec 2012. So on that basis can she apply 28 days before visa being stamped ( on/after 20th Oct 2014 ) or 28 days before landing in the UK (on/after 3rd Nov 2014) ????

Many thanks

[CR001]

It is 28 days before meeting the 2 year residence which is calculated from date of entering/landing in the UK, not the date the visa was stamped or issued.

[Obie]

It is 28 days before meeting the 2 year residence which is calculated from date of entering/landing in the UK, not the date the visa was stamped or issued.

It can be 28 days before the date the visa was stamped, provided the person entered the UK with 3 months of the issue of their visa.

[WR1]

It is 28 days before meeting the 2 year residence which is calculated from date of entering/landing in the UK, not the date the visa was stamped or issued.

It can be 28 days before the date the visa was stamped, provided the person entered the UK with 3 months of the issue of their visa.

Hi Obie. Is there any reference to this.

I'm looking at the SET(M) guidance notes and in order to qualify for applying, it states:

One of the requirements is that you have to complete 2 years’ leave to enter or remain as the partner of the person named in your application. That period runs from
- the date on which you entered the UK with a visa in the relevant category; or, if you did not enter the UK with such a visa, from
- the date on which you were first granted leave to remain in the UK in the relevant category.

[Obie]

Yes, spouses are issued 27 months, so as to give them up to 3 months to stay abroad before coming to the UK, and after 24 months of entry, they can apply for ILR.

I was thinking ILR long residence, where the relevant period commences from the date of issuance of Entry clearance.

Your views are endorsed by their guidance https://www.gov.uk/government/uploads/s ... on1_1_.pdf.

Also supported by the language of 287a(i)(a) as well .

She can apply on the 3rd Nov, 2014.

My mind was diverted to the Long Residency Beneficiary.

[Amber]

It's not long residence where the EC date can be used, it's PBS applicants for ILR.

[Obie]

You may be right.Long residency application does comes in different shapes and sizes. Some entered as spouses, some as student, so i fully accept.

I was helping a student a while back, and i believe the guidance that has now been removed, for unknown reason, states that his qualifying period commences from the time he was issued entry clearance, provided he entered the UK before 3 months of issue of his entry clearance.

[solospy]

Thanks for all your replies guys so it means that the earliest my wife can apply for her ILR is 3rd Nov ????

[Amber]

Yes.