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ILR after spouse visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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Kakaman
Junior Member
Posts: 67
Joined: Fri Jul 28, 2017 9:37 am

ILR after spouse visa

Post by Kakaman » Fri Jul 24, 2020 5:23 pm

Hello everyone.

I have recently got my second spouse visa extension and I am eligible for 5 year route.

The question here is I have been given 6 months extra due to covid my visa expires on Jan 2023, however my 5 years in the UK will finish on Aug 2022. Do I need to wait till Jan 2023 to apply for ILR as the letter states :

"You must apply before the end of your authorised stay in the UK, but not more than 28 days before completing that period. If you apply earlier than that, your application may be refused"

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seagul
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Re: ILR after spouse visa

Post by seagul » Fri Jul 24, 2020 5:34 pm

Kakaman wrote:
Fri Jul 24, 2020 5:23 pm
Hello everyone.

I have recently got my second spouse visa extension and I am eligible for 5 year route.

The question here is I have been given 6 months extra due to covid my visa expires on Jan 2023, however my 5 years in the UK will finish on Aug 2022. Do I need to wait till Jan 2023 to apply for ILR as the letter states :

"You must apply before the end of your authorised stay in the UK, but not more than 28 days before completing that period. If you apply earlier than that, your application may be refused"
No need to wait until expiry rather can apply anytime until the expiry date but after completing 60 months minus 28days from the date of entering Uk
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Kakaman
Junior Member
Posts: 67
Joined: Fri Jul 28, 2017 9:37 am

Re: ILR after spouse visa

Post by Kakaman » Fri Jul 24, 2020 5:55 pm

Thanks for your reply seagull

Isn't my authorised stay up until my BRP expires? When they say 'that period' does it mean my expiry date or 60 months?

Do you know anyone who applied for ILR when they still had 6 months left for visa?

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CR001
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Re: ILR after spouse visa

Post by CR001 » Fri Jul 24, 2020 6:00 pm

Your visa expiry date is irrelevant to the requirment of 60 months.

You can apply for ilr no sooner than within 28 days BEFORE reaching 60 months residnece, counted from the date you entered the UK, OR at the latest before your visa expires!!
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.

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seagul
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Re: ILR after spouse visa

Post by seagul » Fri Jul 24, 2020 6:11 pm

Kakaman wrote:
Fri Jul 24, 2020 5:55 pm
Thanks for your reply seagull

Do you know anyone who applied for ILR when they still had 6 months left for visa?
Yes many cases. You can search them in ILR section:

https://www.immigrationboards.com/indef ... to-remain/
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Kakaman
Junior Member
Posts: 67
Joined: Fri Jul 28, 2017 9:37 am

Re: ILR after spouse visa

Post by Kakaman » Fri Jul 24, 2020 6:43 pm

Thanks both

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