When will my wife be eligible to apply for ILR?

[DagonKhan]

In 2020 my wife and I made the decision to move to the U.K. We applied for a spouse visa on the 5 year family route on the 4/7/20. We received a letter on the 10/8/20 from UKVI informing us that the application was successful. The letter stated that “you will have permission to be in the U.K. (known as Leave to Enter) as PARTNER (STANDARD) from 12 August 2020 to 12 May 2023”. The vignette in her passport stated that the visa was valid from the 12/8/20 to the 10/11/20.

My wife was never able to travel during those dates (12/8/20 to 10/11/20) because of COVID. She was eventually evacuated by the FCO and my wife entered the UK on a visa waiver (as the FCO were aware she already had a successful visa application). She arrived in the U.K. on the 18/3/21 at London Heathrow.

In April 2023, just prior to the visa (and BRP’s) expiry date of the 12/5/23, we applied for FLR. This was approved on the 25/5/23 and the letter stated “Your application under the Partner (FLR M) route of the Immigration Rules has been successful. You have been granted permission to stay in the UK until 12 Dec 2025". The first BRP was returned and second one issued with an expiry date of 31/12/24.

The second BRP was surrendered recently for an E-Visa as instructed. The E-Visa was completed and was successful. The E-Visa states that the visa is valid from 25/5/23 until 12/12/25, the same expiry date in the letter from when the FLR M was approved.

Recently I read that the earliest you can apply for the ILR is 28 days before the 5 year period is up. And… that the 5 year period starts from the date you arrive in the U.K. If this is indeed the case, then I think I may have a problem in the future which maybe I should be addressing now. My wife arrived a few months after the original visa was issued as I mentioned above, because of COVID. Although her visa is valid until the 12/12/25, 5 years on from the day she set foot in the country would be 18/3/26. What will this mean for her future ILR application? Do we apply in November/December just prior to the expiry date on the 12/12/25? Or do we need to extend her visa for (approx.) 3 months and apply in February 2026?

[zimba]

Her qualifying period starts from the first entry to the UK, so that is when the clock starts. You will apply for FLR(M) again before her visa expiry and then apply for ILR to vary the previous application

[DagonKhan]

Thanks for the reply Zimba. Although disappointing to hear, I half expected it. COVID really screwed everything up for us, I guess we'll have to spend another £1,300 for 3 months worth of visa (FLR) then when it comes up!

[CR001]

A visa extension will be for 2.5 years and you pay visa and ihs fees.

There is no 3 months visa extension option.

[DagonKhan]

A visa extension will be for 2.5 years and you pay visa and ihs fees.

There is no 3 months visa extension option.

So it's going to cost me the best part of £4k?

Will I be able to get a refund on the IHS element if we apply for ILR 3 months after getting the FLR?

[meself2]

Will I be able to get a refund on the IHS element if we apply for ILR 3 months after getting the FLR?

No.
https://www.gov.uk/healthcare-immigrati ... on/refunds

You will not get a refund if:

[...]
you’re applying for indefinite leave to remain

[DagonKhan]

I appreciate the replies.

Visa expires: 25/12/25
Date of first entry in country: 18/3/21
5 years up on the: 18/3/26

I have a couple of more questions; after she gets the next FLR, almost immediately it will be around the time that she would become eligible for her ILR application (I believe she can apply 28 days before the 5 years, i.e. 18/2/26 to 18/3/26). Is there any "good reason", that any of you can see, why we would want to delay that ILR application? Say until the following year or even two years down the road? Or do we have to submit the application between 18/2/26 to 18/3/26 as she is on a "5 year route"?

[CR001]

She can apply for ILR at any time once requirements are met. It is NOT compulsory to apply exactly on 5 years!

[DagonKhan]

Thanks!

One last question; I believe that there are extenuating circumstances involving my wife's case and why she was unable to arrive "on time" (i.e. between 12/8/20 and the 10/11/20 as the original Visa vignette stated). I would like to present her case to the 'powers that be' for their consideration. Who do I contact? Is there an address that I should write to?

[zimba]

Thanks!

One last question; I believe that there are extenuating circumstances involving my wife's case and why she was unable to arrive "on time" (i.e. between 12/8/20 and the 10/11/20 as the original Visa vignette stated). I would like to present her case to the 'powers that be' for their consideration. Who do I contact? Is there an address that I should write to?

There is no such requirement as arriving on time, at least the way you think. It is up to you when to travel. She either qualifies for ILR or not. Follow the advice given already to you

[DagonKhan]

There is no such requirement as arriving on time, at least the way you think. It is up to you when to travel. She either qualifies for ILR or not. Follow the advice given already to you

But that's just it, it wasn't up to us when she travelled. As I mentioned in my opening post my wife was evacuated by the FCO. What I would be asking is for them to extend the current (FLR) visa by 3 months to take that into account, clearly detailing the extenuating circumstances as to why she couldn't have travelled when we wanted to. Such an appeal does take into account all the advice already given, indeed it is on the basis of the advice given that I would launch an appeal.

[zimba]

There is no such requirement as arriving on time, at least the way you think. It is up to you when to travel. She either qualifies for ILR or not. Follow the advice given already to you

But that's just it, it wasn't up to us when she travelled. As I mentioned in my opening post my wife was evacuated by the FCO. What I would be asking is for them to extend the current (FLR) visa by 3 months to take that into account, clearly detailing the extenuating circumstances as to why she couldn't have travelled when we wanted to. Such an appeal does take into account all the advice already given, indeed it is on the basis of the advice given that I would launch an appeal.

I am afraid that is not how the rules work. There is no possibility of the grant of 3-month extension under such a route. I already advised to apply for FLR(M) and vary the application to ILR when eligible. You will get a refund for all fees paid for the FLR application too

[DagonKhan]

I already advised to apply for FLR(M) and vary the application to ILR when eligible.

I don't understand what you mean by "vary the application"?

You will get a refund for all fees paid for the FLR application too

I was under the impression from an earlier post (by meself2) that we wouldn't be able to get a refund?

[meself2]

I already advised to apply for FLR(M) and vary the application to ILR when eligible.

I don't understand what you mean by "vary the application"?

You will get a refund for all fees paid for the FLR application too

I was under the impression from an earlier post (by meself2) that we wouldn't be able to get a refund?

What zimba means is:
- you apply for FLR;
- delay biometrics for as long as possible (which gives you 45 extra days, let's say you make it 40 to be safe);
- once your wife has reached the ILR threshold (28 days - 5 years), you apply for ILR;
- as only one application can be in progress, you get a refund on fees paid for FLR application as you applied for ILR instead (this is what "vary" means - apply for another type of leave).

Hope thats clear.

[AmazonianX]

Varying can still be dine after biometrics appointment.
What is important is the varying to be done before decision is made on first/ongoing submitted application.
Applicants with such intentions shouldn't use priority service.