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Indefinite Leave to Remain confusion

Discussion in 'UK Visa and Immigration Help' started by Maricar, Jan 26, 2022.

  1. Maricar
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    Maricar New Member

    Hi all, I am confuse on when can i start applying for ILR (this might have been answered in some thread but i cant seem to find it.)
    is it 28 days after my 5years when i landed in UK? or
    28 days before my BRP expires which is 5yrs+5months?
    I understand you have to finish the 5years to be eligible of ILR. is the extra 5months for processing?
    Thank you in advance.
  2. johnc
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    johnc Member

    As I understand it , it is 28 days before expiry of your brp card. My wife came here and landed 5th november 2016 and her brp card runs out 20th february 2022 , so we are now in the process of submitting our application for ilr. We have been waiting for the priority service to appear the last 2 days and still waiting before we submit the application logging in every hour all evening and early hours of the morning becoming a bit of a nightmare .
  3. bigmac
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    bigmac Well-Known Member Trusted Member

    best times are just before 9 am and 1 pm.
  4. UKDJ
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    UKDJ Active Member

    According to these guidelines -

    https://www.gov.uk/indefinite-leave-to-remain-family/partner-family-visa

    ... it is 28 days before the 5-year anniversary of the issue of either your Spouse Visa or your 1st 2.5 year FLR Visa (time on a Fiance(e) Visa is NOT counted).
    What I can't see for certain - I'm sure someone will clarify - is whether the time between the issue of a Spouse Visa and your actual entry into the UK is counted as part of the 5 years, or whether it only starts from the date of your entering the UK?
  5. johnc
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    johnc Member

    Thanks bigmac im so shattered waiting up all times of the night to get a priority slot then getting up early to take the wife to work then going work myself i guess we will both sleep in late over the weekend and miss it again :(:(:( I think my nice peaceful weekend metal detecting is out the window now.
  6. Dav3&Ai5a
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    Dav3&Ai5a Active Member

    Earliest you can apply is 28 days before you meet the requirements for time spent in the UK.

    Time spent in the UK

    You must have been living in the UK on your family visa as a partner for at least:
    • 5 continuous years if you’re on the 5 year route
    • 10 continuous years if you’re on the 10 year route
    • 2 continuous years if you’re on the 2 year route
    You cannot include time you’ve spent in the UK:
    • on any other visa
    • as a fiancé, fiancée or proposed civil partner
    https://www.gov.uk/indefinite-leave-to-remain-family
  7. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    In your case the earliest you could of applied was 8th October 2021, 5 years after she landed.
    • Informative Informative x 1
  8. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    When you land in the UK the 5 year clock starts ticking
    • Informative Informative x 1
  9. Maricar
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    Maricar New Member

    Thank you all for the replies.
    So my understanding is that the earliest I can apply is 28days before my 5thyear here in UK and latest is 28days before the BRP expires??
    How long is process usually?
    • Like Like x 1
  10. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    It's 28 days prior to you landing in the UK up to the day your BRP card expires (valid till date)
    How long does it take? I think this depends on each application how straightforward they are or how complicated, we waited about 6 weeks for our ILR always remember once you've applied your immigration status remains the same to the point of getting a result
    • Like Like x 1
  11. johnc
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    johnc Member

    We got a super priority booking at 12.10am Wednesday just in case anyone is having a problem waiting for availability but we tried 2 days running with no luck so appears to be hit and miss what ever time they choose to show priority.
  12. UKDJ
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    UKDJ Active Member

    'Latest' date you can apply is the date the BRP expires - but, personally, I wouldn't leave it that late (I.T. issues etc)!

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