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Hi ,
Greetings to all!

Kindly advice me with regards to my wife ILR application: Specified continuous period

My Tier 2 Entry stamp visa Start date : 19th November 2016
My Wife Tier 2 dependent visa Start date: 21st January 2017 (She applied for visa a month later)

Both of our Visa expires on : 4th December 2021.

Considering this, I can meet the continuous stay period criteria for my ILR application safely

For my spouse case, 28 days before 5 year stay period would be 23rd December. (i.e After her Visa expiry date)!

Could you please guide me if I could still do her online application before 4th December 2021 (visa expiry) and is there a chance for her to meet the specified continuous period by considering any one of the below favourable clause for calculation of this period.

The gov website says as below for the calculation:

'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
• any date up to 28 days after the date of application,

I still believe I can start online application on just before 4th December and suppose I had to complete my biometrics after 23rd December. The 'date of decision' should be in her favour to cross the 23rd December by which she will complete staying the specified continuous period.

So here are my questions,

1.What does 'Date of application' means: It is just online ILR application or it also means Biometrics appointment completion?

2. Please advise me on when should I start her ILR online application (Before 4th December) and complete her biometrics so that the 'Date of decision' clause is favourable for her to complete the specified continuous Period?

Your guidance and support is much appreciated.

Best regards,

Vivek

This is being asked and answered almost daily here. The date of the application is the date you submit your application online. In your case, she applies before visa expiry and books an appointment later when she is within 28 days. As long as she is eligible on the day of decision, ILR will be granted

Hi, Thank you very much for quick response.

Just two confirmations on your answers please:

1.So is she legal to stay in UK after Visa expiry provided she has completed ILR Online application before the expiry date ?

2. So does it mean she can do an online application even before continuous stay period completion (before visa expiry date) provided it is supported by the clause of 'date of decision' after her biometric appointment?

Looking forward to hear from you,

Thank you
Best regards,
Vivek

1. Yes
2. Yes

Hi Thanks for your answers much appreciated.

Just a couple more confirmation on the 28 days clause..

For her (5years completion (21st Jan 2022) - 28 days) is 23rd December 2021.

1) So If she completes her biometrics application any date after 23rd December 2021 it should be fine. Is that correct?

2)What is the maximum number of days allowed to complete biometrics after the Online application?

Thank you,
Best regards,

Vivek

1) Yes
2) 45 days

Hi ,
Greetings to all!

Kindly advice me with regards to my wife ILR application: Old surname in her NARIC certificate.

I have applied for NARIC certificate and my wife surname in the certificate comes with her Old Surname (Name of her father before marriage). But her current passport and General Tier 2 dependent BRP all has her new Surname (Name of spouse).

Does the NARIC certificate with surname difference with her current BRP and Passport will be considered as Valid or do I need any additional supporting document to mention about the change of Surname after her Marriage (or) will it be implicitly considered as a known case with Indian applicants during the ILR application?

Looking forward to hear from you.

Best regards,
Vivek

VivekT wrote: ↑

Wed Aug 04, 2021 4:23 pm

Hi ,
Greetings to all!

Kindly advice me with regards to my wife ILR application: Old surname in her NARIC certificate.

I have applied for NARIC certificate and my wife surname in the certificate comes with her Old Surname (Name of her father before marriage). But her current passport and General Tier 2 dependent BRP all has her new Surname (Name of spouse).

Does the NARIC certificate with surname difference with her current BRP and Passport will be considered as Valid or do I need any additional supporting document to mention about the change of Surname after her Marriage (or) will it be implicitly considered as a known case with Indian applicants during the ILR application?

Looking forward to hear from you.

Best regards,
Vivek

Presumably your marriage certificate will be indicative of the name change and presumably her degree is in her maiden name not married name, hence why NARIC has her maiden name on.

Thanks for the answers.

So just attaching the Marraige Certificate to additional documents is enough? or would we need any additional documents to explicitly mention this in some part of the application?

Thank you,
Best regards,

Vivek

You are overthinking this completely.

Zimba wrote: ↑

Fri Jul 09, 2021 12:32 am

This is being asked and answered almost daily here. The date of the application is the date you submit your application online. In your case, she applies before visa expiry and books an appointment later when she is within 28 days. As long as she is eligible on the day of decision, ILR will be granted

Thanks for your guidance. I have two following questions.

1.When we say she is eligible on the day of decision, is that eligible day is 5 years completed (or) 4years 11months and 2 days? Its bit confusing as in the clause it says, the applicant should have completed the qualifying period at the date of decision. What is the qualifying period mean?

2. Is it still legal to submit online application before 28 days of 5 year completion (Dec 4th 2021) provided her date of decision could be made favourable in this case?

Thank you very much and looking forward to hear from you.

Best regards,
Vivek

1. Eligibility will be 28 days from completing the 5 years and onwards. There is nothing confusing. UKVI will use the date that is beneficial to the applicant, in this case, the day of decision.
2. There is no legal requirement. You can apply at any time you want for any application. As long as you qualify the UKVI will grant you the visa