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HO caseworker wrong? how to identify the 60 month requirement for spouse 5 years entitle ILR

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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wuhuchemical
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Joined: Wed Jan 01, 2020 12:42 am
India

HO caseworker wrong? how to identify the 60 month requirement for spouse 5 years entitle ILR

Post by wuhuchemical » Wed Feb 12, 2020 1:28 pm

Hello everyone,

2.5 yrs ago, I applied the first 2.5 yrs spouse visa, using premium service, made decision in the same day.
On that day, I got the HO letter which is 'grant of leave to remain five year partner route' shows on 23/July/2017. HO issue me the 30 month visa on the letter mentioned. However the first BRP card shows issue date is 06/08/2017, valid until 23/01/2020.

One month ago I applied the extension spouse visa for another 2.5yrs on 08/01/2020, using premium service, made decision in 24 hours. The second BRP (2.5yrs spouse visa) received shows issue date is 10/01/2020, valid until 28/07/2022.

If I calculate based on BRP issue data from 06/08/2017 to 28/07/2022. that will be only 59 month and 22 days, less than 60 month.

The home officer case worker did the wrong period of the spouse visa? :?:

The key point is that which day is my 5 year spouse route visa's legal starting date? (HO letter issue date? BRP issue date?) :?:
Because the immigration law clearly require the at least 60 month as the spouse for ILR. I am really worry about that. :cry:

Thank you.

choc_mouse
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Joined: Sat Aug 14, 2010 8:06 pm
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Re: HO caseworker wrong? how to identify the 60 month requirement for spouse 5 years entitle ILR

Post by choc_mouse » Wed Feb 12, 2020 3:13 pm

I'm pretty sure your relevant start date is 23/July/2017 (am assuming you got this visa while in the UK).

That's because the BRP issue date is the date the BRP card was printed. Our BRP was re-issued (due to HO error on our personal details) and the issue date changed while the "valid until" date remained the same in the new card.

In any case, you can apply for ILR 28 days before the end of your 5 year qualifying period. I wouldn't worry!

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zimba
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Re: HO caseworker wrong? how to identify the 60 month requirement for spouse 5 years entitle ILR

Post by zimba » Wed Feb 12, 2020 3:55 pm

You received extensive advice on this before :!:

indefinite-leave-to-remain/extremely-co ... 94700.html
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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