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Slightly worried that I threw away accommodation evidence!

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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peeps123
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Where does it say current visa expires to know when to apply for ILR?

Post by peeps123 » Fri Feb 21, 2020 12:10 pm

Hello all,

I'm sure this should be easier than it is, or I just can't get my head around the timing of ILR application. A brief timeline for my Wife's (Ugandan) spouse VISA (on the 5 year route):
  • 31 Mar 2016: Wife's VISA granted for 33 months and expires 31/12/18
    28 Apr 2016: Wife arrives in England to collect BRP
    13 May 2016: Wife returns to Uganda to look after our 4-month-old son whilst we await his British passport
    9 Jun 2016: Our son's passport application accepted
    17 Jun 2016: Wife and son arrive permanently in England
    3 Dec 2018: Submit online FLR(M) application
    28 Jan 2019: Receive letter saying FLR(M) granted for another 30 months
The question is, based on the above, what's the first date I can apply for her ILR?

Does that brief period where she had to go back to Uganda (13th May 2016 to 17th June 2016) to look after our son whilst his passport was granted matter at all?

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Re: Where does it say current visa expires to know when to apply for ILR?

Post by CR001 » Fri Feb 21, 2020 12:29 pm

The question is, based on the above, what's the first date I can apply for her ILR?
Once she has 60 months residence in the UK, counted from the date of entry, ie 28th april. She can apply for ilr no sooner than within 28 days before reaching 60 months and must apply before her current visa expires.
Does that brief period where she had to go back to Uganda (13th May 2016 to 17th June 2016) to look after our son whilst his passport was granted matter at all?
No.
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peeps123
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Re: Where does it say current visa expires to know when to apply for ILR?

Post by peeps123 » Fri Feb 21, 2020 1:57 pm

That's really reassuring to know that the gap will not count against us.

So by my reckoning, the earliest date I can apply is 1st April 2021. Does that sound about right?

That's based on 28 days before 60 months after she arrived on the 28th April 2016.

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Re: Where does it say current visa expires to know when to apply for ILR?

Post by CR001 » Fri Feb 21, 2020 2:02 pm

peeps123 wrote:
Fri Feb 21, 2020 1:57 pm
That's really reassuring to know that the gap will not count against us.

So by my reckoning, the earliest date I can apply is 1st April 2021. Does that sound about right?

That's based on 28 days before 60 months after she arrived on the 28th April 2016.
Correct yes. Note that the date you submit and pay online is the date of application and not the date of the UKCVAS Sopra Steria biometrics appointment.
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Re: Where does it say current visa expires to know when to apply for ILR?

Post by peeps123 » Fri Feb 21, 2020 2:47 pm

Brilliant, thank you very much for your help!

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Slightly worried that I threw away accommodation evidence!

Post by peeps123 » Fri Feb 21, 2020 4:48 pm

Hello again,

In preparation for my wife's ILR application, I've been meticulously keep letters addressed to both of us etc (a lesson learned from the FLR(M) application where I had to scrabble round!). I guess the first question is: do I still need to submit joint letters as proof we live together, like you had to for FLR(M)?

If you do have to provide, is it just evidence since the FLR(M) was granted? (i.e covering the final 2.5 years of the 5 year route)

The reason I ask is I threw away the supporting evidence from the FLR(M)! So whilst I have perfect evidence since that application, I don't have any for the first 2.5 odd years since my wife arrived in UK! Have I been an idiot?

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Re: Slightly worried that I threw away accommodation evidence!

Post by CR001 » Fri Feb 21, 2020 4:50 pm

I guess the first question is: do I still need to submit joint letters as proof we live together, like you had to for FLR(M)?
Yes.
If you do have to provide, is it just evidence since the FLR(M) was granted? (i.e covering the final 2.5 years of the 5 year route)
For the 2 years preceding the date of ILR application.
The reason I ask is I threw away the supporting evidence from the FLR(M)! So whilst I have perfect evidence since that application, I don't have any for the first 2.5 odd years since my wife arrived in UK! Have I been an idiot?
No.
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Re: Slightly worried that I threw away accommodation evidence!

Post by peeps123 » Fri Feb 21, 2020 5:08 pm

Again, many thanks!

You don't know how worried I was...

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Child from another mother, but now 19, will I need to mention him in ILR?

Post by peeps123 » Mon Feb 24, 2020 11:45 am

Hi all,

I have a son (now 18, but will be 19 when I apply for ILR) from a previous marriage. When I applied for my now wife's FLR(M) visa, I had to mention my other son and even provide some strange evidence, such as my ex-wife's original birth certificate and a council tax bill showing where my ex-wife lives. There was no way in the online form to get around this (luckily we're still really good friends!). This is what I said in the covering letter:

"Whilst completing the online application, we were forced to say we would submit “Evidence of Mrs WIFE's NAME's parental relationship with SON's NAME, such as a birth or adoption certificate, proof of financial contributions to the child’s well-being or general evidence demonstrating concern and interest in the child” and “Evidence of Mrs WIFE's NAME's access to SON NAME, such as a written agreement between both parents or a child arrangement order”. We have no such evidence as it does not exist, and have written this in the online application, but wanted to restate it here to further clarify why no supporting documentation of this type enclosed."

Now that the lad will be 19 when we do the ILR application, do I still need to mention him and provide this kind of evidence?

Regards.

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