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When can I apply for ILR? 5yr Route / Spouse Visa

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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blitzkrieg
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When can I apply for ILR? 5yr Route / Spouse Visa

Post by blitzkrieg » Wed Mar 05, 2025 12:37 pm

Hey amazing helpful people!

Hope you're doing well. Just wanted to check if I am calculating my residence correctly on a Spouse visa (5yr Route):

Entered UK: 26th June 2021
Extension: 15th Jan 2024
Days absent till now: 232 days

Absence periods in a year (days):
26/06/2021 to 16/05/2022 = 72
17/05/2022 to 16/05/2023 = 52
17/05/2023 to 16/05/2024 = 21
17/05/2024 to 17/05/2025 = 87 (year not completed)

I've read somewhere that on Spouse visa you don't have to worry about absences but I also saw a post here https://www.immigrationboards.com/viewt ... a#p2157495 where they got rejected because they were absent for more than 548 days.

But since this applies to 10 yr route, I am not sure what's applicable to my situation.

So, if I meet all the requirements then does this mean the earliest I can apply for ILR is 29th May 2026 (after completing 60 months)?

Appreciate any help and advice.

Thank you!

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CR001
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Re: When can I apply for ILR? 5yr Route / Spouse Visa

Post by CR001 » Wed Mar 05, 2025 12:42 pm

The link you posted has nothingto do with your route. Different rules for different routes.

There is no absence limit for spouse visa holders.

You can apply within 28 days before the 5th anniversary of the date you entered the uk.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

blitzkrieg
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Re: When can I apply for ILR? 5yr Route / Spouse Visa

Post by blitzkrieg » Wed Mar 05, 2025 6:16 pm

CR001 wrote:
Wed Mar 05, 2025 12:42 pm
The link you posted has nothingto do with your route. Different rules for different routes.

There is no absence limit for spouse visa holders.

You can apply within 28 days before the 5th anniversary of the date you entered the uk.
Thank you, CR001! Yeah, I thought so too but wanted to make sure I don't make any stupid mistakes.

By that logic can I apply by 29th May 2026 since I'll complete my 60 months?

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zimba
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Re: When can I apply for ILR? 5yr Route / Spouse Visa

Post by zimba » Thu Mar 06, 2025 2:07 am

Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

blitzkrieg
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Re: When can I apply for ILR? 5yr Route / Spouse Visa

Post by blitzkrieg » Fri Mar 07, 2025 5:13 am

Thank you for that insight! I am going to apply then around 29 May or after a day or two to make sure I am 100% eligible to apply.

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