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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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JMPA1978
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Chile

Query about when to apply for spouse visa ILR on 5 year route.

Post by JMPA1978 » Tue May 18, 2021 9:11 pm

Hi.
I applied for my original visa from my home country of Chile at the beginning of 2016.
My original entry visa sticker in passport was valid from 21.04.2016 until 21.05.2016 and I entered the UK on 22.04.2016.
My first residence permit was issued on 07.04.2016 valid until 21.01.2019.
We applied for further leave to remain in Jan 2019 and my current residence permit was issued on 25.02.2019 valid until 10.09.2021.
Please can someone confirm it is ok to apply for my indefinite leave to remain 28 days before my current permit expires?
Thanks :)
Jorge

JMPA1978
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Re: Late application? Query about when to apply for spouse visa ILR on 5 year route.

Post by JMPA1978 » Wed May 19, 2021 6:33 am

Also please clarify if I have already overstayed?
JMPA1978 wrote:
Tue May 18, 2021 9:11 pm
Hi.
I applied for my original visa from my home country of Chile at the beginning of 2016.
My original entry visa sticker in passport was valid from 21.04.2016 until 21.05.2016 and I entered the UK on 22.04.2016.
My first residence permit was issued on 07.04.2016 valid until 21.01.2019.
We applied for further leave to remain in Jan 2019 and my current residence permit was issued on 25.02.2019 valid until 10.09.2021.
Please can someone confirm it is ok to apply for my indefinite leave to remain 28 days before my current permit expires?
Thanks :)
Jorge

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zimba
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Re: Query about when to apply for spouse visa ILR on 5 year route.

Post by zimba » Wed May 19, 2021 10:03 am

You qualify after 5 years from the initial residence issue date minus 28 days, so 07.04.2021 minus 28 days which means you have been eligible since March. Your visa expiry date is irrelevant
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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Re: Query about when to apply for spouse visa ILR on 5 year route.

Post by CR001 » Wed May 19, 2021 10:09 am

Zimba wrote:
Wed May 19, 2021 10:03 am
You qualify after 5 years from the initial residence issue date minus 28 days, so 07.04.2021 minus 28 days which means you have been eligible since March. Your visa expiry date is irrelevant
For clarity, a spouse visa qualifying period starts from date of entry, not the date of initial visa.
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Re: Query about when to apply for spouse visa ILR on 5 year route.

Post by zimba » Wed May 19, 2021 10:11 am

Yes correct. If the OP got a spouse visa, then the qualifying date will be 22.04.2021 minus 28 days.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

JMPA1978
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Re: Query about when to apply for spouse visa ILR on 5 year route.

Post by JMPA1978 » Wed May 19, 2021 1:42 pm

Hi and thank you both for your replies.
I wanted to check that that is the earliest I could apply but that I have until the visa 'valid until' date at the latest?
We have been planning for 28 days before the BRP expires (which we are now realising is incorrect :roll: ) and don't yet have exams booked etc.
Can we still apply on the Set (M) 5 yr route up until the visa expires please?

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Re: Query about when to apply for spouse visa ILR on 5 year route.

Post by CR001 » Wed May 19, 2021 1:57 pm

You can apply at any time once you meet the requirements and must apply before the current visa expires. So yes, you can apply later
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JMPA1978
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Re: Query about when to apply for spouse visa ILR on 5 year route.

Post by JMPA1978 » Wed May 19, 2021 4:39 pm

Awesome!
Thank you so much for the reassurance, that's how we understood it but we were panicking a little :?
Now off to trawl the boards for more great advice and help on the application process.

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Re: Late application? Query about when to apply for spouse visa ILR on 5 year route.

Post by Dantean » Wed May 19, 2021 5:19 pm

JMPA1978 wrote:
Wed May 19, 2021 6:33 am
Also please clarify if I have already overstayed?
JMPA1978 wrote:
Tue May 18, 2021 9:11 pm

My first residence permit was issued on 07.04.2016 valid until 21.01.2019.
We applied for further leave to remain in Jan 2019 and my current residence permit was issued on 25.02.2019 valid until 10.09.2021.
You wrote you applied for FLR in January 2019. Was the application made before the expiration of leave on 21 January? As long as you applied on or before 21 January you would not be an overstayer. If the application was submitted after 21 January 2019, you would have been an overstayer until 25 February.

JMPA1978
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Re: Query about when to apply for spouse visa ILR on 5 year route.

Post by JMPA1978 » Wed May 19, 2021 7:14 pm

Thanks for the reply.
It was at the beginning of Jan if I remember so e were within time. The date lag must have been due to application time I think?
I was asking if I had overstayed because I haven't yet applied for ILR but my 5 years are complete.
Sorry for any confusion.

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ILR Spouse Visa - Failed English test

Post by JMPA1978 » Wed Jun 23, 2021 9:06 am

Hi,
I entered the UK in April 2016 on a spouse visa 5 year route, and successfully extended my visa in 2019.
I am now due to apply for ILR (visa expires in Sept 2021) but I'm worried about what to do if I can't pass my English exam.
Can I automatically apply to switch to the 10 year route?
What form do I apply with?
I have a 9 month old son with my wife.
Your advice is greatly appreciated!!

JMPA1978
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Re: ILR Spouse Visa - Failed English test

Post by JMPA1978 » Wed Jun 23, 2021 8:21 pm

I got my results today....i Failed my B1 eng. test.
I will try again but can someone advise on my options if I'm unable to pass please?
Many Thanks!

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Re: ILR Spouse Visa - Failed English test

Post by CR001 » Wed Jun 23, 2021 8:22 pm

If you cannot pass either the English B1 or life in the uk test, you will need to apply for another FLR M visa extension
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

JMPA1978
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Re: ILR Spouse Visa - Failed English test

Post by JMPA1978 » Thu Jun 24, 2021 5:39 pm

Thanks for the reply CR001 :D
Are you able to confirm if this would then put me on the 10 year spouse visa route?
Would I apply for another FLR M in 2.5 years and then my ILR in 10 years?
From reading the boards here I thought I had to apply on the FLR FP form, is this also an option or only do on the FLR M form?
Thanks for your help!

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Re: ILR Spouse Visa - Failed English test

Post by CR001 » Thu Jun 24, 2021 5:45 pm

You can extend FLR M visa as many times s you wish.

Once the tests are passed, at any pint after the extension, ilr can be applied for. There is no requirement to wait 2.5 years or apply for another extension
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

JMPA1978
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Re: ILR Spouse Visa - Failed English test

Post by JMPA1978 » Fri Jun 25, 2021 6:35 am

Thanks for the reply!

Wow, that's good news! I thought we would be put on the 10 year route that I've read about.

Please can you tell me, should I explain in the cover letter that I'm applying to extend my visa on FLR M as I'm unable to meet the requirements for ILR.

Can you also please confirm if I can use my IELTS life skills A2 cert. Which I received in Sept. 2018 and used for my previous FLR application?

Many thanks :D

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Re: ILR Spouse Visa - Failed English test

Post by CR001 » Fri Jun 25, 2021 6:47 am

1. No you need to explain in a cover letter. It is not mandatory to apply for ilr after 5 years.

2. You can use an expired A2 test if it was used in a previous application and if the test and test centre is still on the current UKVI approved list.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

JMPA1978
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Chile

Re: ILR Spouse Visa - Failed English test

Post by JMPA1978 » Fri Jun 25, 2021 6:54 am

Thank you CR001 :D

JMPA1978
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Sponsor's passport has expired - please advise

Post by JMPA1978 » Tue Aug 03, 2021 9:16 pm

Hi all,
I hope you can help,
I have checked but couldnt find an answer to my dilema.
We are due to make my ILR visa application in a couple of days, but just realised that my wife's (my sponsor for my spouse visa) passport has expired.
It expired in 2017, and was accepted for my FLR application in 2019.
Is it ok to submit using her expired passport?
Are there any other ways to prove her immigration status in the UK? Birth certificate from UK?
Please help!

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Re: Sponsor's passport has expired - please advise

Post by zimba » Wed Aug 04, 2021 9:25 am

It is fine
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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