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Applied for ILR too early?

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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Caiejinyu
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Applied for ILR too early?

Post by Caiejinyu » Sat Sep 14, 2019 7:31 am

Hello,

My wife is on the 5 year FLM(m) route and completed her ILR application at the centre in Croydon 3 days ago, submitting her application and biometric info to the Home Office.

We have recently discovered that we may have applied too early, given our understanding was that she could apply after living in the UK for 5 years.

- She entered the country on 21/06/2014
- We submitted the online application on 24/08/2019
- We completed the biometrics appointment on 11/09/2019
- Her current residence permit is valid until 09/12/2019

Can anyone advise what would be the next best action? We could leave the application to process and hope they look at it sometime after 2 weeks, falling inside of the 28 day validation period?

UKVCAS suggested contacting the Home Office, but I am wary that this may just cause her application to be rejected and lose the fee :cry:

Any help is most appreciated.

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CR001
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Re: Applied for ILR too early?

Post by CR001 » Sat Sep 14, 2019 7:45 am

She could have applied within 28 days before the 5th anniversary of the date she entered the UK, so sometime towards the end of May OR at anytime before her visa current expires.

You haven't applied too early, stop stressing.
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Caiejinyu
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Re: Applied for ILR too early?

Post by Caiejinyu » Sat Sep 14, 2019 9:10 am

Thank you for your reply. Apologies, I forgot to include the following info in my original post:

She entered on a fiancee visa, we got married 24/07/2014 and we received the spouse visa on 24/10/2014. A little buried in the gov website eligibility section, it states:

"The earliest you can apply to settle in the UK (called ‘indefinite leave to remain’) is after you’ve lived in the country for 5 years continuously with permission to stay (‘leave to remain’) as a partner. You cannot count any permission to stay in the UK as a fiancé, fiancée or proposed civil partner."

We didn't see this going through the application process. This is why we are now very concerned :?

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CR001
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Re: Applied for ILR too early?

Post by CR001 » Sat Sep 14, 2019 9:29 am

Oh yes, then in that case you have applied too early.

She qualifies no sooner than within 28 days before 24 October.
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Re: Applied for ILR too early?

Post by Caiejinyu » Sat Sep 14, 2019 9:51 am

Could you advise if it would be better we try to cancel the application or wait and hope it is accepted? We could reapply but are worried about losing the fee :(

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Re: Applied for ILR too early?

Post by CR001 » Sat Sep 14, 2019 9:54 am

You might lose the fee yes. Had your appointment been within the 28 days you would have been ok.

Ho might exercise discretion though.

Did you apply standard 8 week servie or super priority service?
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Re: Applied for ILR too early?

Post by Caiejinyu » Sat Sep 14, 2019 10:01 am

It was the standard 8 week service.

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Re: Applied for ILR too early?

Post by CR001 » Sat Sep 14, 2019 10:03 am

You might be ok then if she meets the requirements on the date the decision is made.
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Re: Applied for ILR too early?

Post by Caiejinyu » Sat Sep 14, 2019 10:17 am

Okay, we will keep our fingers crossed.

Thank you for your help :)

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