60month and 28 days confusion...please help

[estirichy]

Hi guys

I am getting ready to apply for ILR for my wife at the end of the year on the 5yr route, my question is in regards to the 60month and applying no more than 28days before this 60months is up.

Initial visa was given 8th Oct 2013, entered uk on 11th Oct 2013, The expiry was 06/07/2016, which we have just realized is 33months not 30 as per usual. the extention visa starts on 4/7/2016 to 02/02/2019. (30months as per usual), making it 63months in total

This means when that 11 oct 2018, the 60months will certainly be up, but can we apply even though it is outside the 28day of the visa expiry? Or we just have to wait and apply in Jan 2019. Ideally we want to apply before Jan 19 in order to use it for undergraduate degree starting in Feb 2019

If anyone has experience will appreciate you sharing, thanks all

[Blues1]

Hi,

You can apply for ILR within 28 days before completing the 5 years from when your entered the UK.

So you can apply 28 days before you reach 11 Oct 2018, so if you want to apply on 1 Oct 2018 or 20 Nov 2018 that is fine.

[estirichy]

Hi Blue

Thanks for your reply, so home office will not reject the application seeing that the current visa isn't expired for another 3 months? Have you had an experience with this?

Thanks

[CR001]

You require 60 months minus 28 days. The rules are very clear on this.

The 33 month visas were to help spouse's tie up lose ends before moving to the UK without impacting their 30 months x 3 residence.

[estirichy]

Thank you guys,

I am glad I can apply in October 2018

Very helpful

Thanks Bkue ans CR001