ILR Continuous Period

[lauren1234]

Hi,

Hoping for some clarification on whether I've applied for my ILR too early.

The home office guidance says

Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision


I submitted my application for FLR (5 year route) on 25th April 2016 (I applied from within the UK). I was granted this visa on 13th June 2016 and my current BRP expires on 13th June 2021.

So I have assumed I qualify for ILR from the 28th March 2021 (calculating from the date of my FLR application , not the date it was approved).

I submitted my application for ILR SET AF on the 28th March 2021.

I'm now worried that maybe I've misinterpreted and applied to early. Does anyone know if this is the case.

Thank you very much for any help!

[CR001]

The piece you quote from the guidance is relevant to the date of application for ilr (ie counting backwards) and not your initial visa application date 5 years ago.

Your qualifying date to apply is 13th June 2021 minute 28 days.

You applied too early.

What is your exact visa category that you have applied for ilr on form SET AF?

[lauren1234]

Thanks for the quick reply.

My exact visa category is Set (AF).

Is there anything I can do about the early application?

[lauren1234]

it's probably useful to say that I've already had my biometric appointment...

[CR001]

So your spouse is in the armed forces??

[lauren1234]

Yes he is.

[zimba]

You made an incorrect reading of the guide. As CR001 pointed out, the 'date of the application' you highlighted above refers to the date of your ILR application, counting backwards. You will only be eligible for ILR from mid-May, so if your application is processed later than that, you may have no issues.

[lauren1234]

Thank you both for the replies.

So it sounds like my best course of action (or maybe my only one) is just to wait for a response from the Home Office?

[zimba]

Yes

[Vincy1989]

Hi Lauren

Did you have an entry clearance/leave to enter as spouse of AF? Or do you only have the FLR(AF) residence permit?

[lauren1234]

Hi Vincy,

I’m currently on the HMF Spouse/Partner Leave to Remain. The home office paper work they sent me calls it limited leave to remain as the partner of a person serving in the armed forces.

Not sure if that answers your question?

Before my current Spouse Visa I was on a Tier 2 work visa so I applied for my current HMF Spouse visa from within the U.K.

[Vincy1989]

Ok I was only checking as if you had leave to enter under this category it could have been counted into the 5 years continuous period.

Hi Vincy,

I’m currently on the HMF Spouse/Partner Leave to Remain. The home office paper work they sent me calls it limited leave to remain as the partner of a person serving in the armed forces.

Not sure if that answers your question?

Before my current Spouse Visa I was on a Tier 2 work visa so I applied for my current HMF Spouse visa from within the U.K.