My wife arrived in the UK on June 15th 2023 on a Fiancé Visa she then got her Spouse Visa in October 20th 2023. Am I correct in saying she will need to have stayed here for 5 years before applying for ILR? So we would apply for a Spouse visa extension 2.5 years after 20th October 2023 (this would be April 2026). After that Spouse Visa extension we can then apply for ILR (October 2028). That would be 5 years and 3 months after she first arrived in the UK on a Fiancé Visa. We have 2 children together, both have Filipino and British passports. Is there any way we could apply for ILR earlier than 5 years? It would be very nice to not have to pay the £3500 for the spouse visa extension (including NHS surcharge) and directly go to ILR. This is probably just wishful thinking but perhaps having two children together who are British citizens may allow us to apply early? Any help would be greatly appreciated. Have I got the timescale correct for the ILR? Just as a side note - I have sought advice on this forum since first attempting to get British citizenship for my children and also a fiancé visa for my then girlfriend. I have had some very helpful advice and I thank everyone for that. If anyone plans to take a similar route as me and apply for Fiancé visa/childs UK citizenship then feel free to message me, I will try to offer any advice I can. I will also try to keep an eye out for any threads that I may be able to offer some input on that might prove to be helpful.
interesting question, but I think your wife will still have to do the 2 x spouse visa totally 5 years before ILR. My wife arrived 27 May 23 and is eligible for extension on 16 Feb 26. (We have no kids nor want any). I would feel a bit aggrieved if the system would let you get it early and save a shed load of money simply because you have a child and even feel that some people would simply have a child and use it as a tool for early settlement should it be allowed !
Your time line for ILR is correct, the visa after spouse is called Further Leave to Remain, commonly known as FLR ILR application 28 days The earliest you can apply is 28 days before you're eligible. Check how long you need to have spent in the UK to be eligible. Your application may be refused if you apply earlier. Do not wait until your current visa expires. Having British children does not help avoid the 5 year or 10 year route see link https://www.gov.uk/indefinite-leave... eligible for,with indefinite leave to remain
Im led to believe that the 28 day application date is very important. It won’t necessarily be refused but applying even one day before will mean that you will have to apply a third time because you won’t meet the 5 years point. I was strongly recommended to put the extension application in 26 days before expiry to be safe.
Yes I am sure that not many if any sit on the 28 days and press the button on 28 we certainly did'nt for my wife and her daughters visa applications both now have British citizenship, we just marked our calendars with the 28 day rule and visa expiry date hit the button within that period. We were always ready with the applications prior to 28 days.
