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In country on the date 5 years before when applying for 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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ukimigquest
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Posts: 16
Joined: Wed May 18, 2022 8:10 pm

In country on the date 5 years before when applying for ILR

Post by ukimigquest » Mon Jun 05, 2023 1:01 pm

I have a question on the ILR 5 years eligibility requirement. My wife and child are on FM Partner/Child visa or Settlement visa as i applied for them when i had the british citizenship. Now when applying for the ILR once they complete the 5 years in the UK, say that i apply on 01/07/2023 for the ILR . So five years before date will be 01/07/2018 and on that day is it required that they should have been physically present in the uk. If they have gone for holiday for a week, then do i need to calculate accordingly when applying for the ILR?

Also it was said that we can apply for ILR 28 days before you qualify for it. So i got to calculate accordingly that for the period 5 years say -> between 01/07/2018 till 31/06/2023 i need to make sure that on the exact dates 01/07/2018 and 31/06/2018 they were physically present in the UK and were not outside the uk for holiday. And the eligible date 31st needs to be within 28 days period.

secret.simon
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Posts: 11028
Joined: Thu Feb 21, 2013 9:29 pm

Re: In country on the date 5 years before when applying for ILR

Post by secret.simon » Mon Jun 05, 2023 1:06 pm

ukimigquest wrote:
Mon Jun 05, 2023 1:01 pm
on that day is it required that they should have been physically present in the uk.
The physical presence requirement only applies to adult naturalisation application, not to immigration application (before and including ILR) and not to child registration as British citizen applications.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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