I'm applying for ILR, but my spouse is absent from the UK because of a serious illness of he mother

I hold a spouse visa and am about to apply for ILR. When I first applied for the spouse visa, I was outside the country. The effective date of the BRP was September 6th. The validity period of the entry sticker was from September 13th to October 13th. I entered the country on September 24th. May I fill in the online form and pay the fee 28 days prior to the first BRP effective date, that is, September 6th, and then make an appointment for fingerprint collection on September 4th? Thank you very much.

Doramiji wrote: ↑

Tue Aug 13, 2024 10:20 pm

I hold a spouse visa and am about to apply for ILR. When I first applied for the spouse visa, I was outside the country. The effective date of the BRP was September 6th. The validity period of the entry sticker was from September 13th to October 13th. I entered the country on September 24th. May I fill in the online form and pay the fee 28 days prior to the first BRP effective date, that is, September 6th, and then make an appointment for fingerprint collection on September 4th? Thank you very much.

You count your eligibility days from date of entry on spouse visa route I.e. effective date is from September 24th.

Can I apply in advance and have my fingerprints taken on September 4th? On this day, I will meet the five-year requirement.

Doramiji wrote: ↑

Tue Aug 13, 2024 10:38 pm

Can I apply in advance and have my fingerprints taken on September 4th? On this day, I will meet the five-year requirement.

Yes you can apply early using the 28days concession and make the biometrics appointment after you qualify.

I came to the UK on a spouse visa five years ago and now I'm planning to apply for ILR. Since the start of COVID-19 in 2020, my husband's mother has suffered from serious health problems and has basically lost her ability to live independently. My husband has been in China taking care of his mother closely for the past four years. As his parents divorced many years ago and his mother has not remarried, my husband is now her only relative. He has to stay in China to take care of his mother. During these five years, I have been living in the UK with my child. I also have a job and fully meet the residence time requirements in the UK. Will my husband's absence affect my application for ILR?

Do you have some evidence connecting you and your husband to the same address over the last two years ?

He has been in China for the past four years. Last year, I took the children back to China during the winter and summer vacations for a total of three months. We lived together in China. Currently, I'm living in the UK with the children at his father's house, and there are utility bills with our joint names.

zimba wrote: ↑

Mon Aug 19, 2024 3:50 pm

Do you have some evidence connecting you and your husband to the same address over the last two years ?

The question is if you have documents showing you two shared an address here in the UK. If you do have that, I suggest applying for ILR providing those as cohabitation evidence.

See: All you need to know about cohabitation evidence

Yes, we have a common address in the UK. However, when I filled out the ILRapplication form, I wrote that we haven't lived together recently. So, instead of requiring proof of cohabitation as in the renewal process, I was asked to provide proof of why he is not currently living with me. I have prepared some records of his mother's hospitalization in China as proof. I'm worried that being separated in two countries for too long will affect my application for IlR.

zimba wrote: ↑

Mon Aug 19, 2024 4:14 pm

The question is if you have documents showing you two shared an address here in the UK. If you do have that, I suggest applying for ILR providing those as cohabitation evidence.

See: All you need to know about cohabitation evidence

You could have said that you lived together and saved yourself the hassle as this is not a big deal if you can produce the cohabitation evidence. How to proceed is all up to you

If you have not submitted the application you can still correct your answer and stay from providing voluminous evidence which can be avoided.