Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU
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TarunS8317
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by TarunS8317 » Wed Apr 03, 2024 10:52 am
Hi
Since marriage, my wife has been on the below visas from these dates:
1. PBS Dependant Leave to Remain – 12/10/2017- 27/06/2019
2. Spouse Leave to Remain – 10/06/2019- 07/01/2022
3. Spouse Leave to Remain – 23/12/2021- 20/07/2024
During the time she was on Spouse leave to remain, I was on ILR and then got my British passport. I understand that the 5 year clock was reset when she changed her visa type from PBS to Spouse leave to remain. On this basis, please can you advise on the below questions:
1. Should she apply for ILR using Set (M) or any other set?
2. If the 5 years start from the time of the Spouse leave to remain visa was issued-i.e- 10 June 2019 and if the application can be submitted 28 days before completion of 5 years - then what is the earliest date she can apply - does it include or exclude 10 June? So she can apply on 14 May 2024?
3. She was stuck abroad during Covid for more than 3 months - is there any rule where she needs to have been in the country for a minimum period of time?
4. Should she have been in the country 5 years before at the time of application-i.e- if she applies on 14 May 2024 then she should have been in the UK on 14 May 2019?
4. When can she apply for British passport?
Thank you in advance.
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zimba
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by zimba » Wed Apr 03, 2024 11:18 am
1. SET(M) is correct
2. The date of application dose not really matter, the date of decision matters more. She should be within the 28-day mark when the ILR decision is about to be made. See:
How to apply early and benefit from the date of the ILR decision ?
3. The spouse/family route has NO absence limits
4. No such requirement
5. When she becomes British. Once she gets ILR, she can apply to naturalise as a British citizen immediately using form AN1. Once approved, she should attend a citizenship ceremony to become British. Then she can apply for a British passport
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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Ticktack
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by Ticktack » Wed Apr 03, 2024 11:24 am
TarunS8317 wrote: ↑Wed Apr 03, 2024 10:52 am
Hi
Since marriage, my wife has been on the below visas from these dates:
1. PBS Dependant Leave to Remain – 12/10/2017- 27/06/2019
2. Spouse Leave to Remain – 10/06/2019- 07/01/2022
3. Spouse Leave to Remain – 23/12/2021- 20/07/2024
During the time she was on Spouse leave to remain, I was on ILR and then got my British passport. I understand that the 5 year clock was reset when she changed her visa type from PBS to Spouse leave to remain. On this basis, please can you advise on the below questions:
1. Should she apply for ILR using Set (M) or any other set?
Set M is correct!
2. If the 5 years start from the time of the Spouse leave to remain visa was issued-i.e- 10 June 2019 and if the application can be submitted 28 days before completion of 5 years - then what is the earliest date she can apply - does it include or exclude 10 June? So she can apply on 14 May 2024?
Yes she can apply then in May.
3. She was stuck abroad during Covid for more than 3 months - is there any rule where she needs to have been in the country for a minimum period of time?
Nope, she was on a settled person's spouse visa. No limitations to time out.
4. Should she have been in the country 5 years before at the time of application-i.e- if she applies on 14 May 2024 then she should have been in the UK on 14 May 2019?
No such requirement for ILR. She applied in country I assume, so it she should be fine.
4. When can she apply for British passport?
After she applies for and has been granted British Citizenship. If she fulfils all requirements, then she can apply for British Citizenship as soon as she gets her ILR.
Thank you in advance.
EDIT: Beaten to the draw.
No sin in failing, you just have to try and try again!
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TarunS8317
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by TarunS8317 » Wed Apr 03, 2024 12:10 pm
Thanks zimba and ticktack
@Zimba- re #2- the 28 days applies to the' date of decision' on the ILR- If we apply for a priority decision on 14th May 2024, and decision is given on 15/16 May - that should still be within the 28 day period prior to completion of 5 years and should be ok?
Thanks
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AmazonianX
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by AmazonianX » Wed Apr 03, 2024 5:23 pm
TarunS8317 wrote: ↑Wed Apr 03, 2024 12:10 pm
Thanks zimba and ticktack
@Zimba- re #2- the 28 days applies to the' date of decision' on the ILR- If we apply for a priority decision on 14th May 2024, and decision is given on 15/16 May - that should still be within the 28 day period prior to completion of 5 years and should be ok?
Thanks
Be sure you are within eligibility period to apply.
A date beneficial to the applicant will be used.
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zimba
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by zimba » Wed Apr 03, 2024 5:32 pm
TarunS8317 wrote: ↑Wed Apr 03, 2024 12:10 pm
Thanks zimba and ticktack
@Zimba- re #2- the 28 days applies to the' date of decision' on the ILR- If we apply for a priority decision on 14th May 2024, and decision is given on 15/16 May - that should still be within the 28 day period prior to completion of 5 years and should be ok?
Thanks
Yes
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
