5 days shortfall for ILR 10 years route

[Wifi]

Dear Moderators,

I need some advise. My wife came to the UK on
4th Feburary 2009 and got a valid visa till 29th Jan 2019.
She is 5 days short, can she apply for ILR?

Your help is much appreciated.

Regards

Jac

[CMOSUK]

Dear Moderators,

I need some advise. My wife came to the UK on
4th Feburary 2009 and got a valid visa till 29th Jan 2019.
She is 5 days short, can she apply for ILR?

Your help is much appreciated.

Regards

Jac

Hi

There is a 28 day grace period in which an application can be submitted 28 days before your qualifying period completes.

It does not have to be exactly 28 days and can be within it.

[makky86]

Dear Moderators,

I need some advise. My wife came to the UK on
4th Feburary 2009 and got a valid visa till 29th Jan 2019.
She is 5 days short, can she apply for ILR?

Your help is much appreciated.

Regards

Jac

If your wife entered in the UK on 4th Feb 2009 then she'll complete 10 years on 4th Feb 2019. She can apply 28 days within the qualifying period.

She can apply on/after Monday, 7 January 2019

Reference how to calculate

https://www.timeanddate.com/date/datead ... ad=28&rec=

[Wifi]

Thank you cmosuk and Makky86 for your reply. Its now clear.
Now, I have few more queries. I am on spouse dependent visa which is valid till the same time as main applicant's visa which is 29th of Jan 2019. I am sure, I wont qualify for ILR as a dependent at this time. When I apply for extension, what category will I be applying in (as the main applicant will be applying for her ILR-LR)? And how about my kids who are born in the UK and are also on a dependent visa?

What do you recommend, should she apply for ILR in person or by post (as she is 5 days short)?

Please throw some light on it, please.

Most precious thing someone can give is their time and I can't be thankful enough for you guys who help others unconditionally. Bless you.

[Wifi]

Morning dear!
Any feedback please, much appreciated!

[hereorthere]

Now, I have few more queries. I am on spouse dependent visa which is valid till the same time as main applicant's visa which is 29th of Jan 2019. I am sure, I wont qualify for ILR as a dependent at this time. When I apply for extension, what category will I be applying in (as the main applicant will be applying for her ILR-LR)?

What category of visa is your wife on? Are you on an actual spousal visa, or dependent tier 2? You will have to apply to extend your visa under the same category, and then when you have completed the qualifying time for ILR, you can apply in your own right.

And how about my kids who are born in the UK and are also on a dependent visa? if your children are born in the UK they have the right to British citizenship as soon as either you or your wife acquires ILR. So you don't need to extend their visas. Just complete the MN1 application to register them as British- you can even apply online.

What do you recommend, should she apply for ILR in person or by post (as she is 5 days short)? In person is much easier if you can afford it. By post can take 6 months or more, and she will be without her passport. It doesn't matter that she is 5 days short, she can apply 28 days before visa expiry, whether by post or in person.

[hereorthere]

Sorry I meant she can apply 28 days before the full qualifying period has been complete, not 28 days before visa expiry.

[CR001]

Now, I have few more queries. I am on spouse dependent visa which is valid till the same time as main applicant's visa which is 29th of Jan 2019. I am sure, I wont qualify for ILR as a dependent at this time. When I apply for extension, what category will I be applying in (as the main applicant will be applying for her ILR-LR)?

What category of visa is your wife on? Are you on an actual spousal visa, or dependent tier 2? You will have to apply to extend your visa under the same category, and then when you have completed the qualifying time for ILR, you can apply in your own right.

This is incorrect information. As the OP is clearly on a PBS dependent visa, they will have to switch to FLR(M) if their spouse gets ILR based on long residence. There is no option anymore to keep extending PBS dependent visa. FLR(M) will reset their clock to zero and a new 5 year (2 x 2.5 year visas) before qualifying for ILR (or 10 years long residence if they reach that sooner).

[Wifi]

Thank you hereorthere and CR001 for the input.
My wife is on tier 4 (General) student visa and I am on tier 4 dependent visa. I understand that I will need to switch my visa category to FLR (M) once my wife gets her ILR. But, the question here is, she haven't got her ILR yet and our visa is to expire on 29th of Jan 19. So, have no extra time on visa to wait for her outcome and we are thinking to apply by post.
Same is with the kids. They can apply MN1 once my wife gets her ILR (but not before). If we wait for her ILR and don't apply in any category will be overstayer and dont want that at any cost.

What all you mentioned is perfect when main applicant already have ILR. My case is extension at the same time as MAIN applicant applying for ILR. So, the question still remains, what category I should be applying?

Hope I explained it correctly.

[CR001]

If she applies for ILR based on 10 years long residence, you apply at the same time to switch to FLR(M) provided you meet the English A1 and financial requirements. A cover letter to hold your application till your wifes is decided is fine.

If children are UK born, they can simply wait till mother gets ILR and then register as British.

[Wifi]

Any replies please.

[CR001]

Any replies please.

Did you not see my response immediately above your post???

[Wifi]

Hi CR001,
Thank you for your reply. I did see now. My apology couldn't post early as I couldn't access my account due to an unknown issue. My wife is on a student visa and can't work more than 20 hours a week. I dont think she can earn £18,600 for the hours permitted. I spoke to homeoffice contact centre and they said, I should use FLR FP route both for myself and kids. Whereas, you suggest FLR M for me and wait for kids till their mother gets her ILR. Won't they be overstaying their visa if we wait for outcome for mothers visa. I am confused. Could you, if possible, provide a link or any reference in support of your advise, please.
Regards
Jac

[Wifi]

Ting! Any reply..please

[CR001]

UK born children will not be classed as overstayers if you plan on registering them as British, presumably they are under 10 years old.

Flr FP can be applied for you if you don't meet the financial requirements but it will be the 10 year Partner route, 4 x 2.5 year visas.