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Indefinite leave to remain brp expiry confusion

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Samb12
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Indefinite leave to remain brp expiry confusion

Post by Samb12 » Sun Jun 07, 2020 4:36 pm

I am trying to help a friend, their 5 year spouse visa expires this month where the next step would be to apply for indefinite leave to remain. There is just a little confusion when they should apply. He arrived in the UK June 2015, so his full five years stay in the UK would be June 2020. But after his visa extension 2.5 years ago, his biometric card has an expiry date for October 2020. As I presume the few months that your application is held for is then added onto your new biometric card.

So as the full five years of him staying in the UK will be this month, but then reading in places that you have up until your biometric card which in essence is a I.D. Card it seems. When should, and do they need to apply for indefinite leave to remain. Thanks in advance.

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CR001
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Re: Indefinite leave to remain brp expiry confusion

Post by CR001 » Sun Jun 07, 2020 5:01 pm

He arrived in the UK June 2015, so his full five years stay in the UK would be June 2020. But after his visa extension 2.5 years ago, his biometric card has an expiry date for October 2020. As I presume the few months that your application is held for is then added onto your new biometric card.
He can apply no sooner than within 28 days before the 5th anniversary of the date he entered the uk and no later than the date his visa expires.
So as the full five years of him staying in the UK will be this month, but then reading in places that you have up until your biometric card which in essence is a I.D. Card it seems. When should, and do they need to apply for indefinite leave to remain.
It is NOT an ID card. It is a BRP, which is a visa. See my response above.
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AmazonianX
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Re: Indefinite leave to remain brp expiry confusion

Post by AmazonianX » Sun Jun 07, 2020 5:05 pm

Samb12 wrote:
Sun Jun 07, 2020 4:36 pm
I am trying to help a friend, their 5 year spouse visa expires this month where the next step would be to apply for indefinite leave to remain. There is just a little confusion when they should apply. He arrived in the UK June 2015, so his full five years stay in the UK would be June 2020. But after his visa extension 2.5 years ago, his biometric card has an expiry date for October 2020. As I presume the few months that your application is held for is then added onto your new biometric card.

So as the full five years of him staying in the UK will be this month, but then reading in places that you have up until your biometric card which in essence is a I.D. Card it seems. When should, and do they need to apply for indefinite leave to remain. Thanks in advance.
The relevant time period will be 5years of counted from the date of entry into the UK. He can apply for the ILR within 28days to completing the above stated 5th entry anniversary.

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Re: Indefinite leave to remain brp expiry confusion

Post by AmazonianX » Sun Jun 07, 2020 5:06 pm

CR001 has answered you in detail.

Samb12
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Re: Indefinite leave to remain brp expiry confusion

Post by Samb12 » Tue Jun 09, 2020 2:56 am

CR001 wrote:
Sun Jun 07, 2020 5:01 pm
He arrived in the UK June 2015, so his full five years stay in the UK would be June 2020. But after his visa extension 2.5 years ago, his biometric card has an expiry date for October 2020. As I presume the few months that your application is held for is then added onto your new biometric card.
He can apply no sooner than within 28 days before the 5th anniversary of the date he entered the uk and no later than the date his visa expires.
So as the full five years of him staying in the UK will be this month, but then reading in places that you have up until your biometric card which in essence is a I.D. Card it seems. When should, and do they need to apply for indefinite leave to remain.
It is NOT an ID card. It is a BRP, which is a visa. See my response above.
So basically what you're saying is that he should apply no later then the date stated on the BRP card, which is also his visa. Which for him shows October rather then the five years of him being in the UK, which would be this month.

Reason I posted this on his behalf is because he hasnt been able to take a life in the uk test yet, due to centres being closed. As only after 2 months of his B1 test appointment getting postponed, he manged to finally get a test date at trinity college, yesterday. So with him not having the full documentation he needs to apply for ilr, he's been unsure about what to do. If whether he should apply before his five years date and attach a note stating and showing his cancelled appointments for his tests or apply when he finally manages to get both tests. So I am guessing he now has up until October to do this.

Just for anyone else reading and is in the same boat as him. Where unlike the A2 English test at the trinity college (as my partner also took this), where they tell you if you've passed or not straight away, he has to wait a few days to find out if he's passed his B1 test.

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