Entry to UK on Spouse Visa when visa expiry is less than 2 weeks

[sam0015]

Hi valuable members,

My wife is on Spouse dependent visa. She will be completing her 5 years continuously residency in the UK 30th May 2024. She is all ready to apply for ILR. However she will be required to visit India between 5th May 24 and 15th May 24. Will she be allowed entry to UK with 2 weeks remaining for visa expiry?

[zimba]

Hi valuable members,

My wife is on Spouse dependent visa. She will be completing her 5 years continuously residency in the UK 30th May 2024. She is all ready to apply for ILR. However she will be required to visit India between 5th May 24 and 15th May 24. Will she be allowed entry to UK with 2 weeks remaining for visa expiry?

Why not ? A visa is valid for travel until expiry

[AmazonianX]

Hi valuable members,

My wife is on Spouse dependent visa. She will be completing her 5 years continuously residency in the UK 30th May 2024. She is all ready to apply for ILR. However she will be required to visit India between 5th May 24 and 15th May 24. Will she be allowed entry to UK with 2 weeks remaining for visa expiry? Yes, even till the last day of visa VALIDITY

[sam0015]

Thank you!

Her visa expires 30th May 2024. Can she apply for ILR on the 15th April 24. She would have completed continuous 5 years by then.

Or does it need to be 28 days before current visa expires?

Thanks.

[CR001]

What date did she enter the uk on a spouse visa? That is the relevant date that her qualifying period starts from. She can apply for ilr within 28 days before the 5th anniversary of her date of entry on a spouse visa. The latest she can apply is her visa expiry date.

If she applies for ilr in april, she might not be able to travel if she has not received a decision and brp by the 5th may. She cannot leave the uk while n application is pending, it will be considered withdrawn.

[sam0015]

Thanks for the response CR001.

Her history as below-

Enter clearance visa stamp - 12/02/2019
Biometric start date - 06/02/2019
Entered UK - 11/03/2019
Spouse visa extension expiring - 30/05/2024

She will complete 5 years physically being in the UK 10/03/2024. Is she eligible to apply anytime after 10/03/24 or she will only be able to apply 28 days prior to 30/05/2024?

Looking to apply super priority.

Thanks.

[zimba]

She becomes eligible for ILR within 28 days of completing her 5 years counting from the first date of entry. The date of application is not critical as long as the ILR decision is made on or after the date she is eligible: How to apply early and benefit from the date of the ILR decision ?

[Ticktack]

Thanks for the response CR001.

Her history as below-

Enter clearance visa stamp - 12/02/2019
Biometric start date - 06/02/2019
Entered UK - 11/03/2019
Spouse visa extension expiring - 30/05/2024

She will complete 5 years physically being in the UK 10/03/2024. Is she eligible to apply anytime after 10/03/24 or she will only be able to apply 28 days prior to 30/05/2024?

Looking to apply super priority.

Thanks.

She can actually make a ILR application from 17.02.2024. The clause is if her ILR would be approved and BRP received prior to travel date in May!

Sounds possible, but anything can happen with this folks. The choice is yours.

[sam0015]

Thanks members,

My daughter will be eligible at the same time I suppose.

However, my daughter's MN1 application (home office discretion) for naturalisation was refused after pending decision for more than 1 year (application made in August 2021, refused August end 2022 due to covid backlog). My Daughter's actual visa expired 12th November 2021.

We then re-applied for catagory - family Child applicant; September 2022) while her Visa was lapsed. Eventually my daughter was granted visa to stay in UK on family route after pending decision for 1 year ( April 2023). Her visa was given for 1 year in line with my wife expiring 30/05/24.

Will this pose an issue granting my daughter ILR?

[zimba]

On what basis did you apply for MN1 ? How old is your child ?

[sam0015]

Hi, Applied on the basis that I was a British Citizen already after consulting a lawyer, who made the application on our behalf. My Daughter just turned 4 when MN1 application was submitted.

Please note, I had become a citizen in 2020.

[zimba]

Hi, Applied on the basis that I was a British Citizen already after consulting a lawyer, who made the application on our behalf. My Daughter just turned 4 when MN1 application was submitted.

Please note, I had become a citizen in 2020.

That would have been possible only if the child was born in the UK. Non-UK-born children cannot be registered just because one parent is British. Such a child needs to hold ILR and the other parent must be settled. I do not know who advised you to do this.

The child's ILR should be unaffected

[sam0015]

Thanks Zimba,

I have used the lawyer in previous occasions and did the job.

Moving forward and onwards, what you are saying even though there is a gap due to visa expiry and MN1 not being a main stream visa, it is ok to proceed with my daughter's ILR at the same time as my Wife?

[zimba]

Thanks Zimba,

I have used the lawyer in previous occasions and did the job.

Moving forward and onwards, what you are saying even though there is a gap due to visa expiry and MN1 not being a main stream visa, it is ok to proceed with my daughter's ILR at the same time as my Wife?

Yes. MN1 is a nationality application and has nothing to do with the immigration rules. The two are totally separate systems.
children settle when both parents settle as they have no residence requirement. Overstaying may only affect children above 10 and only when they apply for British citizenship

[sam0015]

Thanks Zimba,

Will my daughter have problems while applying for citizenship post ILR?

[zimba]

Thanks Zimba,

Will my daughter have problems while applying for citizenship post ILR?

No as I explained.