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FLR expires before 60 months in UK, eligible for ILR?

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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

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ppchan2
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Malaysia

FLR expires before 60 months in UK, eligible for ILR?

Post by ppchan2 » Tue Sep 10, 2019 7:10 pm

Hi all,

Hope to get some advice over this. My current leave to remain expiring on 3rd Dec this year but I only entered the UK on 20th Dec 2014.

Am I eligible to apply for ILR 28days before I reach 60 months of residence here? Do I need to extend my current leave of remain?

I thought it is possible until we talked to a Immigration advisor who said I don’t have right to remain in the UK when I reach 20th Dec this year so my ILR will be refused.

Can anyone help me? I really don’t wish to spend another 2k extra to extend my leave if possible.
Thank you all in advance.

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CR001
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Re: FLR expires before 60 months in UK, eligible for ILR?

Post by CR001 » Tue Sep 10, 2019 7:13 pm

You can apply no sooner than within 28 days before the 5th anniversary of the date you entered the UK. You must have a valid visa when you submit and pay online.
Char (CR001 not Casa)
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ppchan2
Newly Registered
Posts: 6
Joined: Sat Sep 07, 2019 4:12 pm
Malaysia

Re: FLR expires before 60 months in UK, eligible for ILR?

Post by ppchan2 » Sat Sep 14, 2019 12:29 pm

Hi CR001,
Thanks for your reply.
Does it matter when my current visa will be expired at the time I reach the qualifying period of 60 months on 20th Dec? Will HO refuse my application based on the fact I don’t have a valid visa then?
Any publication from HO I can refer to?
Many thanks!
CR001 wrote:
Tue Sep 10, 2019 7:13 pm
You can apply no sooner than within 28 days before the 5th anniversary of the date you entered the UK. You must have a valid visa when you submit and pay online.

vinny
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Re: FLR expires before 60 months in UK, eligible for ILR?

Post by vinny » Sat Sep 14, 2019 2:21 pm

Should be okay. Apply for ILR between Friday, 22 November 2019 and 2 Dec 2019.
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