The time between entry clearance and landing day in the UK

[Yazan Kahreez]

Hi,
I am planning to apply for ILR as a spouse of British citizen SET M, my question is in regards to the 60 months period (5 years) to be qualified to apply. My entry clearance issued on 10 Feb 2014 but my first visit to UK was on 29 July 2014 (After around 5 months), I have been given extension on November 2016 until 10 Apr 2019.
Total period since entry clearance issued: 5 years and 2 months
Total period since first visit and landing day: 4 years and 9 months
Can I apply for Settlement or shall I extend the visa and apply once I complete the 5 years?
Thanks

[CR001]

Your residence for ILR starts counting from the date you entered the UK.

You will need to apply for a 2.5 year extension.to cover a couple of months you are short.

[Js14clark]

Your residence for ILR starts counting from the date you entered the UK.

You will need to apply for a 2.5 year extension.to cover a couple of months you are short.

What if the gap was 1 day. Ie 4 years 364 days. Actual question not sarcasm

[Casa]

Your residence for ILR starts counting from the date you entered the UK.

You will need to apply for a 2.5 year extension.to cover a couple of months you are short.

What if the gap was 1 day. Ie 4 years 364 days. Actual question not sarcasm

But it isn't just a gap of one day.

[Js14clark]

Your residence for ILR starts counting from the date you entered the UK.

You will need to apply for a 2.5 year extension.to cover a couple of months you are short.

What if the gap was 1 day. Ie 4 years 364 days. Actual question not sarcasm

But it isn't just a gap of one day.

What if it was. Legit question.

[Yazan Kahreez]

Your residence for ILR starts counting from the date you entered the UK.

You will need to apply for a 2.5 year extension.to cover a couple of months you are short.

Thank you CR001 for your prompt answer,
In other route such as PBS and tier 1-5, Home office clearly mentioned in the guidance that "Any absences between the date of issue and entry to the UK are considered an allowable absence . The applicant does not need to provide evidence to demonstrate the reason for delayed entry." https://assets.publishing.service.gov.u ... -v18.0.pdf

This guide does not apply to partners/parents ILR applications and I cant seem to find any roles , but I can't seem to follow the logic here! why sometimes they allow the absence and sometimes they do not?
Is there any other way to play around that or the only option is to extend for 2.5 years?
Thank you in advance

[CR001]

PBS route visas and Settlement visas come under completely different immigration rules.

A main PBS visa holder has had the concession to count the time between visa start date and entering the UK for many yeas, this was extended to PBS dependents in January 2018.

If you do not have almost 60 months residence as a spouse settlement visa holder, ILR will be refused.

Settlement visas have always started counting for residence from date of entry to the UK.

[Yazan Kahreez]

Another question please!
To complete the 60 months, I need 2 months and 20 days, when I submitted the extension application they asked me to pay £2,056.00 (£1,056 application fees + £1,000 IHS) and gave me 60 days to submit my documents to the Sopra Steria centre.
If I do the submission on the last day of the permitted period, only 20 days will remain until I can submit the ILR. They will then need 4-8 weeks to issue the new 2.5 year visa.
The question is if I submit the ILR application while they are preparing the 2.5Y extension and asked them to withdraw the first application and refund the money, will that work? It is unbelievable to pay £2,000 for 2-3 months extension!

[JawaGP]

PBS route visas and Settlement visas come under completely different immigration rules.

A main PBS visa holder has had the concession to count the time between visa start date and entering the UK for many yeas, this was extended to PBS dependents in January 2018.

If you do not have almost 60 months residence as a spouse settlement visa holder, ILR will be refused.

Settlement visas have always started counting for residence from date of entry to the UK.

CR001, I’ve possibly misunderstood a reply you gave me about this exact topic yesterday. I was under the impression you could apply for ILR 28 days before the 5 year anniversary that your Entry Clearance Visa was approved or Valid From Date, in this thread it appears it’s 28 days before the 5 year anniversary of the day you landed in the UK? Could you please clarify this. I’m in Tier 2 Gen visa. Thanks

[CR001]

PBS route visas and Settlement visas come under completely different immigration rules.

A main PBS visa holder has had the concession to count the time between visa start date and entering the UK for many yeas, this was extended to PBS dependents in January 2018.

If you do not have almost 60 months residence as a spouse settlement visa holder, ILR will be refused.

Settlement visas have always started counting for residence from date of entry to the UK.

CR001, I’ve possibly misunderstood a reply you gave me about this exact topic yesterday. I was under the impression you could apply for ILR 28 days before the 5 year anniversary that your Entry Clearance Visa was approved or Valid From Date, in this thread it appears it’s 28 days before the 5 year anniversary of the day you landed in the UK? Could you please clarify this. I’m in Tier 2 Gen visa. Thanks

This user is applying on Set M having held a spouse settlement visa. It is a different visa category with different rules to your route in set O tier 2.

The advice I have given you in your own thread is correct for your PBS route to ILR and the tier 2 rules.

[JawaGP]

Brilliant, thanks for clearing that up for me.