ILR been here over 5 years but FLR expires in August

[Richt]

Hi All

With everything going on at the moment, I'd like to know, Can my wife apply for ILR now even though her current FLR visa doesn't expire until 8th august. with her original tourist visa and FLR she has been here more than 5 years?
She still needs to do Life in the UK and B1 Language, But I understand we will have to do that after the application if we apply now.

[CR001]

With everything going on at the moment, I'd like to know, Can my wife apply for ILR now even though her current FLR visa doesn't expire until 8th august. with her original tourist visa and FLR she has been here more than 5 years?

Tourist visa doesn't count for ILR based on 5 years residence. She can apply for ILR no sooner than within 28 days of the 5th anniversary of the date she entered the UK on her spouse visa (assuming it is a spouse settlement visa and not a PBS dependent visa).

She still needs to do Life in the UK and B1 Language, But I understand we will have to do that after the application if we apply now.

Correct as the test centres are closed at least till beginning of June. The UKCVAS biometric centres are also all closed.

[Richt]

With everything going on at the moment, I'd like to know, Can my wife apply for ILR now even though her current FLR visa doesn't expire until 8th august. with her original tourist visa and FLR she has been here more than 5 years?

Tourist visa doesn't count for ILR based on 5 years residence. She can apply for ILR no sooner than within 28 days of the 5th anniversary of the date she entered the UK on her spouse visa (assuming it is a spouse settlement visa and not a PBS dependent visa).

She still needs to do Life in the UK and B1 Language, But I understand we will have to do that after the application if we apply now.

Correct as the test centres are closed at least till beginning of June. The UKCVAS biometric centres are also all closed.

Thanks for the reply, I just checked and her original spouse visa started 27/4/15

[CR001]

Thanks for the reply, I just checked and her original spouse visa started 27/4/15

What date did she enter the UK on her spouse visa?

[Richt]

Thanks for the reply, I just checked and her original spouse visa started 27/4/15

What date did she enter the UK on her spouse visa?

18th may 2015.

[CR001]

She could have applied within 28 days before 18th May. The latest she can apply is before her visa expiry date.

[Richt]

She could have applied within 28 days before 18th May. The latest she can apply is before her visa expiry date.

Ok great, my plan was just to attach the B1 Test and Life in UK pass certificates to her application as a supporting document if that's possible.

Another kind of related question, what if she fails these tests before her biometric appointment?

i read on a solicitors website regarding Covid 19, If you can apply for FLR instead you should do so as my way is too risky, I would consider that if i had to. not sure what to do!

[CR001]

Ok great, my plan was just to attach the B1 Test and Life in UK pass certificates to her application as a supporting document if that's possible.

Yes it is fine in the current circumstances. Note that the test centres for LIUK and B1 English are closed and the UKCVAS biometrics centres are also currently closed.

Another kind of related question, what if she fails these tests before her biometric appointment?

ILR will fail if she doesn't pass the test.

i read on a solicitors website regarding Covid 19, If you can apply for FLR instead you should do so as my way is too risky, I would consider that if i had to. not sure what to do!

You could apply for another 2.5 year extension in August before her visa expires if you choose to. You are looking at £1033 visa fee plus £1000 IHS fee though.