Provisional drivers license - slightly confused..

[scoobydoolondon]

I want to apply for a Provisional drivers license for my wife - the only thing that I'm unsure of is the 180/185 day rule.

My wife entered UK in Feb 2013 and left in Feb 2014 (1 year and 3 days). She then got a Fiance Visa and entered UK on 5th April 2014. Last week she was granted her 30 month Spouse Visa and today her Biometric Residence Permit (BRP) arrived.

In light of the above, is she entitled to apply for a Provisional license right away?

[aiza78601]

yes she can apply for provisional

[scoobydoolondon]

Really? That's great..

What about the 185 day rule, ie must be resident for 185 days before applying?

[aiza78601]

no its required 180 days visa and permission to spend minimum 180 days in uk,not after spending 180 days

any one who have permission to stay more then 180 days can apply

[aiza78601]

i am sorry i had a mistake

read it now
If you want to take a British driving test you must be a resident in GB. However, if you have moved to GB having recently been a permanent resident in another state of the EC/EEA, you must be a resident in GB for 185 days in the 12 months before your application for a driving test and full licence.

So this restriction is for the driving test, and only for someone who was a permanent resident in another EC/EEA state.

The application form is less clear:

"You can only get a GB driving licence if you are normally resident in the United Kingdom. To be normally resident you must usually live in the United Kingdom for 185 days in each calendar year"

The usually word indicates that the second sentence just tries to explain what is usually a resident but it is not a complete definition.

The first statement is more important and it requires just being a resident. An immigrant can be a resident from day one (e.g. for tax purposes).

[scoobydoolondon]

Just to close off this thread - the provisional driving license arrived yesterday!

Thanks all