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**FLR vs other dependent route: ILR 5 years qualifying period count

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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LadyC
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**FLR vs other dependent route: ILR 5 years qualifying period count

Post by LadyC » Sun Feb 13, 2022 1:27 am

Hello,

Please can someone advise if it is possible for someone on FLRM to count their 5 years qualifying time from BRP issue date if they entered UK within 90days? Any leeway?

I noticed the dependents of the other routes to ILR status have the opportunity to count from a date that benefits their application.

I ask because my upcoming ILR application date will make my naturalisation application date to be pushed back by almost 6 months due to the rule that I must be present in UK at the beginning of the 3 years qualifying period and mine falls within a long absent period.

Please see the key dates below:

BRP issue date: 03 October 2017

Date of entry into UK : 19th October 2017

Travelled to my home country: 18th september 2019 while on maternity leave, stayed longer due to PPD symptoms

Came back to the UK: 26th Feb 2020.

Due date for ILR based on 28days before the end of 5 years after I entered UK: 22nd Sept 2022.

I would be able to apply for naturalisation immediately if I can apply for ILR sooner than 22nd Sept 2022( Priority service)

Please advise and refer to guidance.
Many thanks

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CR001
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Re: **FLR vs other dependent route: ILR 5 years qualifying period count

Post by CR001 » Sun Feb 13, 2022 4:31 am

Please can someone advise if it is possible for someone on FLRM to count their 5 years qualifying time from BRP issue date if they entered UK within 90days? Any leeway?
No. It counts from date of entry. No leeway.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

LadyC
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Posts: 20
Joined: Sun Feb 06, 2022 5:46 pm
United Kingdom

Re: **FLR vs other dependent route: ILR 5 years qualifying period count

Post by LadyC » Sun Feb 13, 2022 11:16 am

CR001 wrote:
Sun Feb 13, 2022 4:31 am
Please can someone advise if it is possible for someone on FLRM to count their 5 years qualifying time from BRP issue date if they entered UK within 90days? Any leeway?
No. It counts from date of entry. No leeway.
Thank you CR001, please do you know the reason why my route does not have the same consideration or benefits?

Also do you know if there will be any change to the guidelines soon?

How can one initiate a process for Homeoffice to review their position on this? #wishful thinking

I want to keep my hope alive..6 months wait after ILR now seems like forever to me...giving me sleepless nights

Many thanks

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CR001
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Re: **FLR vs other dependent route: ILR 5 years qualifying period count

Post by CR001 » Sun Feb 13, 2022 11:44 am

Different visa routes have different immigration rules. ILR based on FLR M visa has always been counted from date of entry to the UK.

It is unlikely to change.

6 months isn't really long in the bigger scheme of things!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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