Hi All, I need confirmation on the timing of the ILR application - as usual with the immigration process it's not clear (at least to me!) My wife has been here in the UK for 5 years (and 2 months) but still has until March 28th 2020 to run on the FLR visa, can I apply now or do I have to wait until a month before the FLR expires? Thanks!
Was trying to work out how visa time could be that long and conclude that she started on fiance visa for six months then FLR for 2.5 years and is now on second FLR. Assume that you asked the question as had heard could apply after 5 years residence and when I initially read your query I assumed you should be able to apply at time of five years here. However if check the rules they specifically exclude time on fiance visa. https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members Section E-ILRP: Eligibility for indefinite leave to remain as a partner (2) In calculating periods of leave for the purposes of sub-paragraph (1) above, any period of leave to enter or limited leave to remain as a fiancé(e) or proposed civil partner will be excluded. As such then will only be at 60 months point when second FLR visa completes which is why as @Mattecube responded have to wait until 28 days or less prior to visa expiry date.
But she didn't come here on a fiancee visa but on a spouse visa, married June 29th 2014 in the Philippines, arrived here 5th October 2014 so she's been here as a spouse for over 5 years.
I posted before I had finished with ILR applications you can apply 28 days before the 5 year anniversary of arriving in the UK and any time during the concession period but must be before visa runs out Your 5 year anniversary was October 5th 2019 so in theory you could of applied 8th September 2019 or later as in today or tomorrow onwards Hope this clarifies Have deleted other post as it was bo**ox
Mrs Steve came into the UK on her spouse visa on the 5th october 2014. its now 5 years and 6 weeks since then. so where does march 28th 2020 come in ?
@bigmac don't forget that when you apply overseas for a spouse visa the visa comes back for 33 months the rest of the period is I think time in between the end of the spouse visa and the start of the next period of leave to remain. In our case my wife started 6 October 2015 and her 2nd period of FLR ends February 7th 2021 so 5 years is 6 October 2020 plus 3 months on original spouse you get to early January 2021 and we had a wait of about 6 weeks (off top of my head) waiting for 2nd period of leave to remain so would put visa date at early February 2021. This is why they allow you to apply at the 5 year anniversary of entering UK
yep--i know about the 33 months from entry--but in steves case its 5 & 1/2 months beyong the 5th year anniversary..thats why i queried the dates.
To be honest I have given up on dates etc because everyones dateline is slightly different.the simplicity of the answer is you can apply 28 days or before the 5 year anniversary of landing in the UK but you must apply before your visa runs out We will be at 5 years and 5 months by the termination of the visas give or take however we will be able to apply September 2020 28 days prior to my wife landing October 2015 plus 5 years 2020. As you know we were successful in getting her daughter across later and she will catch mum up at this stage!
If you've completed two FLM(m) applications, theoretically its impossible to not be within the right timing! As mentioned eariler, the completion of the second FLM(m) puts you within the accepted time for SET(m).
just one flr during a settlement-spouse visa 5 year term. which is this case. But 2 flr with a fiancee visa ( settlement - marriage )
Fiancee visa .... once married and have been granted leave yo remain the 60 months clock starts ticking from the day your leave to remain is valid
