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Hey guys, I've looked all through the forums here and haven't been able to find an answer for this, any help would be greatly appreciated!

I'm British and married my wife (non-EU citizen) in May 2017. She came here on a fiance/marriage visa on 01-03-2017 and we got married soon after on 03-05-2017, then applied for her first 2.5 years and towards the end of that, the extension and second BRP for another 2.5 years.

Here's the issue:

The first BRP was issued on 25-05-2017 with an expiry date of 25-11-2019
The second BRP was issued well before the first BRP card's expiry date, on 23-09-2019 with an expiry date of 20-04-2022

25-05-2017 to 20-04-2022 is only 58 months, 26 days excluding the end date.

Even at the end of the second BRP card's expiry date, she wouldn't have been in the UK for 5 full years if counted from the date her first BRP was issued - does this matter?

Will we need to apply for a third BRP before being able to actually apply for ILR due to this, or can we simply apply for ILR directly either before the BRP expires or after, and which would be best if this is the case?

I'm thinking it would probably be okay to apply before the expiry date of the second BRP, as it would take a while to get a decision in any case, but it's stated that you can only apply for ILR up to 28 days before the end of the 5 year period, which would be after the second BRP card would have expired.

Should we apply after the BRP has expired in this case? I'm worried but hopeful and would really appreciate any advice or clarification here! Thanks!

The first BRP was issued on 25-05-2017 with an expiry date of 25-11-2019
The second BRP was issued well before the first BRP card's expiry date, on 23-09-2019 with an expiry date of 20-04-2022

You applied far too early for the second extension. You should have applied in very late October 2019 or very early November 2019.

25-05-2017 to 20-04-2022 is only 58 months, 26 days excluding the end date.

Even at the end of the second BRP card's expiry date, she wouldn't have been in the UK for 5 full years if counted from the date her first BRP was issued - does this matter?

Will we need to apply for a third BRP before being able to actually apply for ILR due to this, or can we simply apply for ILR directly either before the BRP expires or after, and which would be best if this is the case?

She can apply for ILR very close to the current expiry date and ensure her biometric appointment is within the 28 days qualifying period.

Should we apply after the BRP has expired in this case?

No. She MUST apply before her current visa expires, otherwise if you apply after the BRP/visa expiry date, she becomes an overstayer.

Thanks so much for the clarification here - it's truly much appreciated and you've really helped us out!

I'm really sorry if this is a dumb question but I just want to be absolutely sure on this - based on what you've said, if she applied online on 18-04-2022 for example, and ensured the biometric appintment would be made on 02-05-2022, for argument's sake, would she then be within the necessary timeframe? Also, would the initial application online (before any actual appointment) be the actual application that needs to be submitted before the BRP card's expiry date, or would it need too be an actual in-person appointment that would need to be attended (I'd imagine this would actually be part of the biometrics process as well and so likely not).

Thanks so much again, and I'm really sorry - I just really want to make sure I don't make a mistake here!

would she then be within the necessary timeframe?

Yes.

Also, would the initial application online (before any actual appointment) be the actual application that needs to be submitted before the BRP card's expiry date,

Yes. The date of application is the date you submit and pay online.

or would it need too be an actual in-person appointment that would need to be attended

No.

Thank you so much!

You've helped us a huge amount, and very quickly and efficiently too - I can't stress how much we appreciate this and I hope you have an excellent day!

You're welcome.

Feel free to ask any further queries you have in this topic/thread as you progress