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ILR qualifying period short of 4 days

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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EmmJ
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ILR Question

Post by EmmJ » Thu Aug 08, 2019 6:07 pm

Sorry but I cannot find where to ask the question.

I am short of 32 days to 5 years ILR.
My initial visa was issued 23.09.2014-23.12.2016
Extension was issued BRP 25.01.2017-22.08.2019
Now I have to apply either for ILR or another extension before 22.08.2019

I thought I can apply for ILR but seems I am short 32 days.
Can anybody advise me if I can apply for ILR?
Why my visa was granted only for 25 months originally and the extension was 31 months?

Is it a possible error UKBA made?

Pls help me.

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Re: ILR Question

Post by CR001 » Thu Aug 08, 2019 6:24 pm

Useful to state what visa category you have held since 2014 :idea: :idea:
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Re: ILR Question

Post by EmmJ » Sat Aug 10, 2019 8:53 pm

I have a spouse visa. I am married to a British citizen.
Call to UKBA said the first visa was valid for only 27 months. I should have questioned them when I was granted the visa. But I didn’t know about this kind of complication. We were just happy to reunite after 4 months since our wedding.
Is there anybody had the same issue with applications? What was the solution?
Advise would be very appreciated.

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ILR qualifying period short of 4 days

Post by EmmJ » Mon Aug 12, 2019 3:01 pm

Hi everyone,

I read a similar post but I need to be sure of what am I asking.

Firstly I am in the UK almost 5 years with spouse visa.

First visa issue was 23.09.2014
Date of entry 19.10.2014
Current visa expires on 22.08.2019

The 28 days of grace allows me to apply for ILR on 26.08.2019

Is there anyway I can apply for ILR without another 2,5 years visa extension. It will save me money and time.
Would you please advise me on this

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Re: ILR qualifying period short of 4 days

Post by CR001 » Mon Aug 12, 2019 3:15 pm

EmmJ wrote:
Mon Aug 12, 2019 3:01 pm
The 28 days of grace allows me to apply for ILR on 26.08.2019
How did you calculate this date as being the date you can apply from??

For a spouse settlement visa holder, your residence starts counting from the date you entered on your spouse visa not the date your visa was issued.

You can apply no sooner than within 28 days before 19th October, so your earliest date is 21st September.
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Re: ILR qualifying period short of 4 days

Post by EmmJ » Mon Aug 12, 2019 4:02 pm

Why it is different for spouse visa?
I thought it would be same as dependant visa. Would you please point me to the exact paragraph?
Thank you for advise

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Re: ILR qualifying period short of 4 days

Post by CR001 » Mon Aug 12, 2019 4:38 pm

If you hold a spouse settlement visa, which is a type of dependent visa, based on a British or ilr holder spouse, it counts from date of entry and you need 60 months residence. There have been many members this year alone who have been refused ilr for applying too early thinking it was based in visa start date. Presumably you are applying on form set m.

Not sure what other spouse visa you are referring to?

A points based dependent, which is what you might be referring to, is a completely different visa and set of immigration rules and these visa residence qualifying period starts from visa issue date. However if you don't hold a PBS dependent visa (tier 1 or tier 2 dependent), then this doesn't apply to you.
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Re: ILR qualifying period short of 4 days

Post by EmmJ » Mon Aug 12, 2019 6:32 pm

Thank you very much for your time and quick reply.
I hold spouse visa as my husband is British citizen. Therefore I have the SET M application. Looks like I have to apply for another extension first.

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Re: ILR qualifying period short of 4 days

Post by EmmJ » Mon Aug 12, 2019 6:53 pm

One more question
I have taken the Life in the UK test thinking I can apply for ILR. Now I have to apply for extension first and apply maybe ILR in 2 years. Does my test result expire?

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Re: ILR qualifying period short of 4 days

Post by aman90 » Mon Aug 12, 2019 7:12 pm

EmmJ wrote:
Mon Aug 12, 2019 3:01 pm
First visa issue was 23.09.2014
Date of entry 19.10.2014
Current visa expires on 22.08.2019

Is there anyway I can apply for ILR without another 2,5 years visa extension. It will save me money and time.
LIUK doesn’t expire. Just keep it safe.

Apply for EXT near to expiry...delay biometrics appointment... Vary ur ext to ILR 19.10.19 minus 28 days.. 21/09 onwards!
You need to submit biometrics within 3 months of application submission before is deemed invalid.(confirm within guidance)

Your EXT application fee and IHS shall surely be refunded.

Or you can take a riskier option
Apply for ILR.. giving biometrics when you are within the 28 days of reaching qualifying period which is again 21.09.19..
by the time your application is decided you’ll spent the pre requisite time under 3C.

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Re: ILR qualifying period short of 4 days

Post by EmmJ » Mon Aug 12, 2019 8:55 pm

Thanks Aman.

I am a bit confused here. When you say delay the biometrics how can I delay biometrics. What do you mean with delay biometrics. Simply book the latest available slot or ukvcas send me the appointment I have to attend.
Sorry all these rules and process has changed since I extended my visa.

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Re: ILR qualifying period short of 4 days

Post by EmmJ » Mon Aug 12, 2019 10:06 pm

Date of application: application to vary
Where an application is varied, the application date remains the date of the original application. This is relevant to whether an applicant has, or will have, section 3C leave. For further information see: Leave extended by section 3C (and leave extended by section 3D in transitional cases).

Would this be a reason to refuse due early application for the varying application. In my case if I apply for extension in August and vary ILR at the end of September. They might consider the ILR application date is too early and might refuse?

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Re: ILR qualifying period short of 4 days

Post by aman90 » Mon Aug 12, 2019 10:35 pm

EmmJ wrote:
Mon Aug 12, 2019 8:55 pm
Thanks Aman.

I am a bit confused here. When you say delay the biometrics how can I delay biometrics. What do you mean with delay biometrics. Simply book the latest available slot or ukvcas send me the appointment I have to attend.
Sorry all these rules and process has changed since I extended my visa.
No.. you can choose the date you want to give biometrics.

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Re: ILR qualifying period short of 4 days

Post by aman90 » Mon Aug 12, 2019 10:44 pm

EmmJ wrote:
Mon Aug 12, 2019 10:06 pm
Date of application: application to vary
Where an application is varied, the application date remains the date of the original application. This is relevant to whether an applicant has, or will have, section 3C leave. For further information see: Leave extended by section 3C (and leave extended by section 3D in transitional cases).

Would this be a reason to refuse due early application for the varying application. In my case if I apply for extension in August and vary ILR at the end of September. They might consider the ILR application date is too early and might refuse?
I can’t say. I’ve seen a number of cases here being successful. By the time ur application is decided you would have completed 60 months. Search the forum for similar cases as your self. And then take a calculated decision.



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Re: ILR qualifying period short of 4 days

Post by aman90 » Mon Aug 12, 2019 11:05 pm


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Re: ILR qualifying period short of 4 days

Post by EmmJ » Wed Aug 21, 2019 8:49 pm

Dear advisors,
I finished my application for family visa extension today. But a bit confused. Below is the instruction

You must submit your documents within 10 working days of submitting your online application. If you do not do this, your application may be rejected

I thought I can submit my supporting documents when I book the biometrics which can be done latest 19 October. So how do I have to submit documents? Post it? to where?
I could not find any further information. It looks like the UKVI is renewing the application process.
Everyone applying from inside UK only apply online. Is it right?
Please advise me. Thank you

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