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Confusion over when to apply for ILR + leaving the UK without new BRP ishortly after

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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AllyT
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Confusion over when to apply for ILR + leaving the UK without new BRP ishortly after

Post by AllyT » Fri May 25, 2018 1:18 pm

Hi everyone!
Please, could you ease my pain - I honestly do not know when to apply for my visa in my case.
This is 5 years spousal route.
First visa issued on 23.04.2013
Entered the country on 07.05.2013
First extension (and BRP) issued on 05.01.2016
BRP expiry date 24.07.2018
Proposed ILR appointment date 29.06.2018

At first, I thought I should just subtract 28 days from my BRP expiry date, hence booked an appointment for the 29.06.2018. But then I am planning to travel to my home country, and flight is on 03.07.2018. I have only realised what I've done a day or two after booking application date and my tickets - I will need my new ILR BRP to travel, right? Because they will most likely take the old one away on the day of application? And my new BRP may not arrive in time for my flight...

So, now I am thinking, that I could potentially apply earlier? Because my 60 months qualifying period has passed on 07.05.2018. Is that right? I didn't have any overly long absences - only a couple of week-long holidays over the course of 5 years.
Or, do they take into account the date my extension was issued, and count another 30 months from that date onwards?
I assume, if I'm not wrong, I could even apply tomorrow, if I had all the paperwork done?

Please, can anyone set my mind at peace? Maybe I could still try and get an earlier appointment, have enough time for BRP to turn up, so I won't lose my tickets?

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CR001
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Re: Confusion over when to apply for ILR + leaving the UK without new BRP ishortly after

Post by CR001 » Fri May 25, 2018 1:21 pm

You could have applied within 28 days before 7th May 2018!

Try and see if you can change your appointment to an earlier one.
Char (CR001 not Casa)
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AllyT
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Re: Confusion over when to apply for ILR + leaving the UK without new BRP ishortly after

Post by AllyT » Fri May 25, 2018 2:00 pm

Thank you for your reply. Do you know by any chance if they take the old BRP away for good or could leave you one if you need to travel shortly after, like in my case?

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CR001
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Re: Confusion over when to apply for ILR + leaving the UK without new BRP ishortly after

Post by CR001 » Fri May 25, 2018 2:25 pm

AllyT wrote:
Fri May 25, 2018 2:00 pm
Thank you for your reply. Do you know by any chance if they take the old BRP away for good or could leave you one if you need to travel shortly after, like in my case?
They keep the old BRP card as the visa is superceded (no longer valid) once ILR is granted.
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.

AllyT
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Joined: Fri May 25, 2018 12:59 pm

Re: Confusion over when to apply for ILR + leaving the UK without new BRP ishortly after

Post by AllyT » Fri May 25, 2018 3:08 pm

Thought so, many thanks again!

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