When can we apply for ILR (Spouse Visa)

[David Blue]

Hi All,
Please could you help me clarifying my confusion.

My wife spouse visa was granted on 02/07/2014 but she arrived in UK on 24/08/2014.

She was granted FLR until 20/11/2019 in 2017.

Now my confusion is, can we apply for her ILR in
1. July 2019 going by the initial grant (or)
2. August 2019 going by the dat she arrived (or)
3. Wait until Nov 2019

4. What is the best time to change her married name as she has passports and spouse visa on her maiden name?

Regards
DB

[CR001]

It is point 2. Her residence clock for ILR starts counting from the date she enter the UK.

Should could have changed it already. She will need to change her passport first and then apply for a brp, the latter can take a couple of months. She can also not change it is she chooses, no legal requirement to change her name.

[David Blue]

Hi CR001,

Thanks for your response much appreciated.

If I may ask one more question please, if she changes her passport to married name, is there a fee that we need to pay immigration to reflect the married name on her BRP and time it takes to get the new BRP?

Thanks
DB

[CR001]

Yes there is a fee, £56. It can take anything from 8 weeks to 6 to 9 months.

[Djsuccess]

Hi CR001,

Thanks for your response much appreciated.

If I may ask one more question please, if she changes her passport to married name, is there a fee that we need to pay immigration to reflect the married name on her BRP and time it takes to get the new BRP?

Thanks
DB

I will advise you start the process early. A member of this forum had a similar issue a while ago, where the wife couldn't write Life in the Uk Test because her passport and BRP carry her maiden name and her utility bill and proof of address are in her married name. It will be good to sort out the passport and BRP issue first if you decide to change from maiden name to married name. Whatever option you go for, make sure you have proof of address (bank statement, utility bill, drivers licence etc) reflect the same.

[PaulG]

Your spouse can apply for ILR after 60 months from the day she first arrived in the UK under a spouse visa, bear in mind that if she arrived under a fiance visa, time just starts counting from the moment she received the spouse visa.

They allow you to apply 28 days before those 60 months are completed so if she arrived 24/08/2014 her 60 months are completed on 23/08/2019 hence she can apply 28 days before that date.NO MORE than 28 days.

In regards to the change of name and Passport I'm afraid I have no experience with it.

[David Blue]

Thanks CR001, Paul and DJSucess your inputs put my confusion at ease.

All my utility bills are still in her maiden name. If you think it's risk we will continue with her Maiden name as we don't have any urgent need to amend the name

We will apply for her ILR in Aug 2019.

Cheers
DB