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Spouse visa to ILR

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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waleed205
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Posts: 63
Joined: Sat Sep 14, 2019 9:32 am
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Australia

Spouse visa to ILR

Post by waleed205 » Mon Jul 29, 2024 8:42 am

Hello,
and thank you all for your support. I have been following this for a long time and always thought I understood this fact, and planned my timeline accordingly, the earliest date to apply for ILR is 28 days prior to completing 5-year anniversary from the date you entered the UK. I recently started noticing the date is changing to 28 days prior to completing 5-year anniversary from the date the visa was granted.

Has anything changed? or did I misunderstood it the whole time? here is my timeline:

Spouse visa approved, and sticker on passport showing: 24/11/2019 to 24/12/2019.
I entred UK 20/12/2019
FLR-M fingerprint 28/6/2022, and approved 29/6/2022 (email recieved)
Email approval from ATLAS states visa valid until 25/1/2025.

The online calculator is showing 25/10/2024 as ealriest date to apply, referring to it as "qualifying period"

When can I apply?

Thanks

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CR001
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Location: London
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South Africa

Re: Spouse visa to ILR

Post by CR001 » Mon Jul 29, 2024 10:09 am

Nothing has changed. For spouse visa holders the qualifying time starts from date of entry.

It is a completely different visa category that starts from initial visa issue date. You have misunderstood, it is different rules/requirments for different visas, it is not a one size fits all.
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.

AmazonianX
Respected Guru
Posts: 8101
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: Spouse visa to ILR

Post by AmazonianX » Mon Jul 29, 2024 10:17 am

waleed205 wrote:
Mon Jul 29, 2024 8:42 am
Hello,
and thank you all for your support. I have been following this for a long time and always thought I understood this fact, and planned my timeline accordingly, the earliest date to apply for ILR is 28 days prior to completing 5-year anniversary from the date you entered the UK. I recently started noticing the date is changing to 28 days prior to completing 5-year anniversary from the date the visa was granted.

Has anything changed? or did I misunderstood it the whole time? here is my timeline:

Spouse visa approved, and sticker on passport showing: 24/11/2019 to 24/12/2019.
I entred UK 20/12/2019
FLR-M fingerprint 28/6/2022, and approved 29/6/2022 (email recieved)
Email approval from ATLAS states visa valid until 25/1/2025.

The online calculator is showing 25/10/2024 as ealriest date to apply, referring to it as "qualifying period"

When can I apply?

Thanks
Your count starts from 20/12/2019 which is the day you entered UK.
Therefore eligibility with the 28-day concession will be from 22/11/2024 till expiration of your current leave.

waleed205
Junior Member
Posts: 63
Joined: Sat Sep 14, 2019 9:32 am
Mood:
Australia

Re: Spouse visa to ILR

Post by waleed205 » Mon Jul 29, 2024 10:51 am

Thanks a lot for your prompt response

And as we are at it, also I confirm my understanding that Sposue Visa holders are not subject to the time outside UK limitation (180 days etc) as long as they have been with the sponsoring spouse the whole time. Is this correct.

Regards

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zimba
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Location: UK
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United Kingdom

Re: Spouse visa to ILR

Post by zimba » Mon Jul 29, 2024 11:51 am

There is no absence limit under the family route.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

AmazonianX
Respected Guru
Posts: 8101
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: Spouse visa to ILR

Post by AmazonianX » Tue Jul 30, 2024 1:16 am

waleed205 wrote:
Mon Jul 29, 2024 10:51 am
Thanks a lot for your prompt response

And as we are at it, also I confirm my understanding that Sposue Visa holders are not subject to the time outside UK limitation (180 days etc) as long as they have been with the sponsoring spouse the whole time. Is this correct. Correct

Regards

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