When to apply for ILR after 5 years of family visa

wxyuanilr wrote: ↑

Thu May 23, 2019 2:07 am

I have settled (ILR) in the UK since January 2014. My wife & son applied for family visa in order to join me in the UK, and that was granted on the 6th of April 2014. They first arrived in England on the 2nd of July 2014. Would anyone be able to advise when my wife & son will become eligible to apply for ILR? Would that be:

1) the 6th of April 2019 (5 years from the start date of their first family visa), or
2) the 2nd of July 2019 (5 years from the day when they first entered the UK on their family visa), or
3) the 4th of June 2019 (28 days before the 5th anniversary of their first entry to the UK on their family visa) This one
4) something else?

If you have an answer, could you include a link to the relevant official document on UKVI's website please?

wxyuanilr wrote: ↑

Thu May 23, 2019 2:15 am

Also, in the online application form, there is a question asking how you you have been living in the UK. Should that be the actual length of stay from when they first entered the UK on their family visa till today? That will be 4 years 11 months though. Or should we just put 5 years 0 month there?

The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the continuous 12-month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.

wxyuanilr wrote: ↑

Fri May 31, 2019 7:26 pm

https://assets.publishing.service.gov.u ... pdf#page=8 says:

The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the continuous 12-month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.

Does that mean I can count the 5-year qualifying period from the 6th of April 2014 which is the start date of their first family/partner visa, rather than the 2nd of July 2014 which is their date of first entry into the UK?

wxyuanilr wrote: ↑

Fri May 31, 2019 8:00 pm

Also, would you be able to answer my question in indefinite-leave-to-remain/absences-of- ... 82417.html as well? Thanks!

Section E-ILRP: Eligibility for indefinite leave to remain as a partner

E-ILRP.1.1. To meet the eligibility requirements for indefinite leave to remain as a partner all of the requirements of paragraphs E-ILRP.1.2. to 1.6. must be met.

E-ILRP.1.2. The applicant must be in the UK with valid leave to remain as a partner under this Appendix (except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded).

E-ILRP.1.3. (1) Subject to sub-paragraph (2), the applicant must, at the date of application, have completed a continuous period of either:

(a) at least 60 months in the UK with:
(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1.; or
(iii) a combination of (i) and (ii);

wxyuanilr wrote: ↑

Sat Jun 01, 2019 12:38 am

Thanks very much indeed. That's really helpful.

One more question: I remember when we applied for further leave to remain, the 6 items of correspondence had to be dated evenly across the 2.5 years period. However, in the new online application form for ILR, it only says "6 letters addressed to you and your partner at the same address to show that you have been living together during the past 2.5 years". Does that mean the 6 letters don't need to be dated evenly across the 2.5 years period anymore? If so, could you also point me at the official document on gov.uk specifying this? Thanks!

CR001 wrote: ↑

Fri May 31, 2019 7:29 pm

wxyuanilr wrote: ↑

Fri May 31, 2019 7:26 pm

https://assets.publishing.service.gov.u ... pdf#page=8 says:

The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the continuous 12-month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.

Does that mean I can count the 5-year qualifying period from the 6th of April 2014 which is the start date of their first family/partner visa, rather than the 2nd of July 2014 which is their date of first entry into the UK?

No you cannot. As they hold spouse/child settlement visas, it starts counting from the date they ENTERED the UK.

The link and document you are referring to is NOT for spouse settlement visas but for Points Based System and Ancestry or other 'work' visas, as clearly stated on page 4 of the document.

"You are paying for an application on a Set(M) for Ms <wife's name> and a PBS Dependant application for Mr <child's name>".

So the Public Enquiry Offices have all been closed and replaced by Sopra Steria?

Am I right that Sopra Steria will check & verify our original documents on behalf of UKVI during the appointment, while the UKVI officers will only look at the scanned copies and rely on Sopra Steria's checking of the originals?