Spouse ILR SetM 5 year route - When to apply

[Chiligee]

Dear Forum,

My wife came to the UK on spouse Visa in July 2013 with a 3year initial Visa. This was subsequently extended for 2.5year with biometric card stating expiry is mid Dec 2018.

This would be the 5yr route to ILR.

We qualify on financial side.

She's had 123 days over the 5 year period on holidays.

Question is:
July 2013 to July 2018 = 5 years which is the qualifying period.

Can we apply for ILR after mid July 2018 or do we need to wait to apply within a month of her visa expiry Mid Dec 2018? ie apply 28 days before visa expiry?

I thought provided the person is resident for 5 years, then she qualifies for ILR application. Kindly advise.

thank you.

[CR001]

in July 2013 with a 3year initial Visa

No 3 years of British Citizen spouse visa. Do you mean a 33 month visa??

She can apply for ILR no sooner than within 28 days before reaching her 5th anniversary from date of entry to the UK. She does not have to wait for close to visa expiry.

No issue re absence.

[Chiligee]

Just to clarify spouse entered the UK on the spouse visa on 13 July 2013.

[CR001]

Just to clarify spouse entered the UK on the spouse visa on 13 July 2013.

She can apply no sooner than 28 days before 13th July 2018.

[Chiligee]

CR001, thanks for the reply.

Spouse was granted visa initially 28 June 2013 to 28 March 2016.

She entered into the UK on 13 July 2013.

We had to extend her visa which is valid as follows:

13 June 2018 to 17 Dec 2018.

Therefore, taking her entry into UK on 13 June 2013 + 5 years = 12 June 2018 and which means from your message, we qualify to apply for ILR within 28 days before 12 June 2018.

She still needs to sit for a B1 Test and her Life in the UK.

There was the question of whether she can use her IELTS which she sat for in June 2013. The same IELTS was used for her renewal in March 2016.

I read that we can use the same IELTS if the same was used in a previous application but this is not as clear. We are considering if she should sit for a trinity college SELT to avoid any issues coming up. Any take on this?

[CR001]

Therefore, taking her entry into UK on 13 June 2013 + 5 years = 12 June 2018 and which means from your message, we qualify to apply for ILR within 28 days before 12 June 2018.

No. Her 5 years residence clock starts counting from the date she ENTERED the UK and not from visa start date. You said she entered on 13th July 2013 and that is what I have based my response on, she can therefore apply no sooner than FROM 15th June 2018.

I read that we can use the same IELTS if the same was used in a previous application but this is not as clear. We are considering if she should sit for a trinity college SELT to avoid any issues coming up. Any take on this?

She needs English B1 from an HO approved test provider. Spouse visa extensions in 2016 only required A1 level.