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Due to Covid 19, I applied to extend my leave to remain with a delay of 3 months. This meant that my BRP was issued with an extra 3 months. Can I apply for Indefinite leave to remain the soonest I complete 60 months or do I have to wait to apply 28 days before the expiry date on the BRP?

You can apply as soon as your 5 year period is completed. You do not need to wait extra 3 months.

Hbuk wrote: ↑

Thu Sep 16, 2021 10:20 pm

Due to Covid 19, I applied to extend my leave to remain with a delay of 3 months. This meant that my BRP was issued with an extra 3 months. Can I apply for Indefinite leave to remain the soonest I complete 60 months or do I have to wait to apply 28 days before the expiry date on the BRP?

Can you elaborate on this more ? What do you mean that you applied with a delay of 3 months ??

I had to extend my stay on April 2020 but due to COVID-19 restrictions I could only apply in June 2020. When I was issued an extension, the BRP expiry date adds few months so my question was if I can apply for ILR at the correct time (when I complete 60 months) and not according the BRP expiry.

When did you apply, submit and pay online?? Before visa expiry or after??

When was the biometric appointment?

The date of application is the date you submit and pay online and not the biometric appointment.

I applied 28 days before the expiry which was just before lock down in March 2020. My appointment was in June once they reopened again.

Then there is no issue. When you apply before visa expiry, you are subject to Section 3C which extends your lawful residence automatically until a decision is made. Time spent waiting is lawful stay and counts towards ILR. Hence there is no gap