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26 days short for ILR
Posted: Sat Sep 01, 2018 12:07 am
by Oliita
Hi everyone, I'm on my 5-route spouse visa.
My current second BRP will expire on 03.03.2019 which will leave me short of 26 days till the end of 5-year period.
It happened because The Home Office issued my second BRP when they wanted but not after the expiration date of my first visa.
I would have expected the new BRP to start on the date following the expiry of my previous BRP so that any “shortfall” could be avoided.
Clearly, I would not want to have to reapply for a BRP for a further 26 days (given the time and expense this would entail).
Any suggestions folks?
Thanks
Re: 26 days short for ILR
Posted: Sat Sep 01, 2018 2:21 am
by vinny
No, they start the BRP on the date of issue.
However, they had discretion to add extra days, if the application was
too early.
Re: 26 days short for ILR
Posted: Sat Sep 01, 2018 7:28 am
by Oliita
vinny wrote: ↑Sat Sep 01, 2018 2:21 am
No, they start the BRP on the date of issue.
However, they had discretion to add extra days, if the application was
too early.
They didn't, and I'm short of 26 days for ILR, can I still apply for ILR?
Re: 26 days short for ILR
Posted: Sat Sep 01, 2018 9:42 am
by CR001
If you applied too early for an extension, then not much you can do really. New visas are never 'tagged onto' the end of the expiry of the current visa. They are issued from date of decision/approval.
On what date did you enter the UK on your spouse visa?
What was the srtart and expiry date of your FIRST spouse visa?
What date did you APPLY for your extension (postal or premium)??
Re: 26 days short for ILR
Posted: Sat Sep 01, 2018 9:34 pm
by SLST0910
You can apply 28 days before meeting your qualifying period. When did your first spouse visa started?
Re: 26 days short for ILR
Posted: Sat Sep 01, 2018 10:12 pm
by Oliita
My first visa started on 28.03.2014, second on 03.08.2016. I applied from the UK. So entered the country much before that time on Tier 1 visa.
Thanks.
Re: 26 days short for ILR
Posted: Sat Sep 01, 2018 10:21 pm
by Oliita
CR001 wrote: ↑Sat Sep 01, 2018 9:42 am
If you applied too early for an extension, then not much you can do really. New visas are never 'tagged onto' the end of the expiry of the current visa. They are issued from date of decision/approval.
On what date did you enter the UK on your spouse visa? I applied from the UK - 28.03.2014
What was the srtart and expiry date of your FIRST spouse visa? 28.03.2014- 28.09.2016
What date did you APPLY for your extension (postal or premium)?? 03.08.2016- premium
Re: 26 days short for ILR
Posted: Sun Sep 02, 2018 12:45 am
by vinny
Re: 26 days short for ILR
Posted: Sun Sep 02, 2018 8:14 am
by Oliita
Thanks, even though I'm short of 26 days?
Re: 26 days short for ILR
Posted: Sun Sep 02, 2018 2:49 pm
by vinny
SET(M) Guidance Notes
5. When To Apply
You and any children under 18 who are applying with you should apply before the end of your/their permitted stay in the UK when you are nearing completion of the qualifying period required by the Immigration Rules.
Please do not apply more than 28 days before completing that period.....
26 days is less than 28 days.
Re: 26 days short for ILR
Posted: Sun Sep 02, 2018 3:14 pm
by Mar-ta
You can apply 28 days before the end of your qualifying period of 60 months (not earlier), and before the expiry of your current permit.
So as above, between 28 of Feb and 2 of March
Re: 26 days short for ILR
Posted: Tue Sep 04, 2018 3:03 pm
by Oliita
Mar-ta wrote: ↑Sun Sep 02, 2018 3:14 pm
You can apply 28 days before the end of your qualifying period of 60 months (not earlier), and before the expiry of your current permit.
So as above, between 28 of Feb and 2 of March
Thanks, much appreciated
Re: 26 days short for ILR
Posted: Tue Sep 04, 2018 3:06 pm
by Oliita
Mar-ta wrote: ↑Sun Sep 02, 2018 3:14 pm
You can apply 28 days before the end of your qualifying period of 60 months (not earlier), and before the expiry of your current permit.
So as above, between 28 of Feb and 2 of March
Thanks a lot! Much appreciated!
