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ILR - 5 years spouse visa route
Posted: Mon Jan 14, 2019 10:39 am
by Phlegyas
I'm a British citizen and my wife and I are are trying to secure indefinite leave to remain for her via the 5-year route.
Initial visa issued: 24/2/2019
Initial Entry into UK: 26/4/2014
Current visa is valid until 24/5/2019
My understanding is that her "qualifying period" would run to the 5 years ending 24/2/2019 as opposed to 5 years ending 24/5/2019 as the period from initial visa acquisition until actual entry is counted for residency purposes. So we understand that would mean that we could apply later this month (24/2/2019 minus 28 days).
Is our understanding correct?
Re: ILR - 5 years spouse visa route
Posted: Mon Jan 14, 2019 10:43 am
by CR001
Presumably she is on the second part of FLR(M) spouse visa??
as the period from initial visa acquisition until actual entry is counted for residency purposes. So we understand that would mean that we could apply later this month (24/2/2019 minus 28 days).
Her residence on a spouse settlement visa starts from the date she ENTERED the UK and not from the visa issue date. She can apply no sooner than within 28 days before the 5th anniversary of her arrival in the UK.
Re: ILR - 5 years spouse visa route
Posted: Mon Jan 14, 2019 10:51 am
by Phlegyas
Phlegyas wrote: ↑Mon Jan 14, 2019 10:39 am
I'm a British citizen and my wife and I are are trying to secure indefinite leave to remain for her via the 5-year route.
Initial visa issued: 24/2/2019
Initial Entry into UK: 26/4/2014
Current visa is valid until 24/5/2019
My understanding is that her "qualifying period" would run to the 5 years ending 24/2/2019 as opposed to 5 years ending 24/5/2019 as the period from initial visa acquisition until actual entry is counted for residency purposes. So we understand that would mean that we could apply later this month (24/2/2019 minus 28 days).
Is our understanding correct?
One correction, the intial visa was issued 24/2/
2014
Re: ILR - 5 years spouse visa route
Posted: Mon Jan 14, 2019 10:55 am
by CR001
My answer still remains the same.
Re: ILR - 5 years spouse visa route
Posted: Mon Jan 14, 2019 10:56 am
by Phlegyas
CR001 wrote: ↑Mon Jan 14, 2019 10:43 am
Presumably she is on the second part of FLR(M) spouse visa??
as the period from initial visa acquisition until actual entry is counted for residency purposes. So we understand that would mean that we could apply later this month (24/2/2019 minus 28 days).
Her residence on a spouse settlement visa starts from the date she ENTERED the UK and not from the visa issue date. She can apply no sooner than within 28 days before the 5th anniversary of her arrival in the UK.
Thanks. Yes correct, she would be on the second part of the FLR(M) spousal visa. So does the the grace period for the period between visa issue and actual entry only apply to nonspousal visa applications? I've seen conflicting/unclear information. Thanks.
Re: ILR - 5 years spouse visa route
Posted: Mon Jan 14, 2019 11:20 am
by CR001
So does the the grace period for the period between visa issue and actual entry only apply to nonspousal visa applications?
It ONLY applies to Points Based System work visas and their dependents.
Re: ILR - 5 years spouse visa route
Posted: Mon Jan 14, 2019 1:24 pm
by Phlegyas
Thanks you this is very helpful. Does "apply" mean when you complete the application online or, if we were doing same day in person service, the day you turn up in person to provide your documentary evidence etc. So could I book an in person appointment within the 28 day window e.g., 1 April, having it booked it online say, for example, in early March? Or if we did that, would we have been deemed to have applied too early.
Thanks.
Re: ILR - 5 years spouse visa route
Posted: Mon Jan 14, 2019 1:39 pm
by Casa
There is no longer a 'same day' in-person application option.