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ILR crucial clarification please!

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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algert
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ILR crucial clarification please!

Post by algert » Mon Sep 18, 2023 10:31 pm

Hi There,

I have a few questions regarding my wife’s ILR on a 5 year route. Looking at the forum there seems to be a few different applications for ILR but for us specifically, she is married to a British citizen and entered the country in mid may 2018 on fiancé visa (I know we have to exclude this for the 5 years route) but she got her FLR visa on 22nd October 2018, so which application do we have to do and can we submit the application next month I.e. October 2023? Her current visa expires 29th Jan 2024 but I presume and looking at others post and specifically for us she meets the 5 years next month I.e. roughly 22.10.2023?

Also are the ILR documents the same as the last 2 spouse visas we done I.e. FLR? I presume the only difference is the Life in the UK and B1 speaking and listening which she has already done.

I am a bit confused as to why her current further leave to remain expires 29th January 2024 but she has had the BRP for over 5 years come next month, I.e. 22.10.2018 is when she got her first BRP, which makes 5 years roughly next month (October) but her current BRP ends 29.01.2024. Is there a simple explanation for this?

Thank you! :)

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CR001
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Re: ILR crucial clarification please!

Post by CR001 » Mon Sep 18, 2023 10:37 pm

She applies on form SET(M).

You need all the up to date financial evidence that you/she meets the financial requirement, 2 years evidence of cohabitation for the 2 years immediately before application date (submitting online), your passport, her passport and BRP, LUK and English B1.

If any of the visas were apply using standard service, the date of the visa is the date of approval. UKVI do not tag extension of visas onto the last visa expiry date.
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algert
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Posts: 3
Joined: Mon Sep 18, 2023 9:53 pm
Albania

Re: ILR crucial clarification please!

Post by algert » Tue Sep 19, 2023 9:04 am

Thank you for the information provided.
I gather there shouldn’t be a problem applying in January since it will be over 5 years that she is on FLR visa as her visa expires 29th January but she got her first FLR 22 October 2018?

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CR001
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Re: ILR crucial clarification please!

Post by CR001 » Tue Sep 19, 2023 9:39 am

The earliest she can apply is within 28 days before the 5th anniversary of the FLR(M) visa date. The latest she can apply is by the last date on her BRP (visa).

Note that the fees are increasing on the 4th October, link below. Plan accordingly.

announces/fees-2018-t228357.html#p2129507
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

algert
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Posts: 3
Joined: Mon Sep 18, 2023 9:53 pm
Albania

Re: ILR crucial clarification please!

Post by algert » Tue Sep 19, 2023 10:18 am

Thank you so much, it’s all clear now. I will hopefully come back with a checklist of all the updated documents nearer the time like I done previously for a final run through.
You guys are doing an amazing job providing clear and thoughtful communication to everyone. :D

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