Immigrationboards.com

Hello Ladies and Gents

I am sure you are probably fed up hearing this question all time. My apologies.

My partner holds UK Spouse Visa based on 5 year route. My partner entered UK in Dec 2015 for the first time after the temp entry visa was given aka. when the application has been accepted.

The spouse visa BRP will expire in March 2021.
The main question is:

- can we apply for ILR -28 days before the 5 year period has been reached?
- do we have to wait until 5 year period has been reached (until Dec 2020) and then apply?

The UKVI advisor on the phone advised that “you can apply for ILR 28 days before reaching 5 year route” but on other hand an immigration lawyer online suggested “that is not true and have to wait until 5 year is reached”.

I am in dilemma and confused.
Does anybody here have concrete evidence ?
Or anybody is on same boat as us ....


Please advise, many thanks.

Respect

- can we apply for ILR -28 days before the 5 year period has been reached?

Yes. You can apply within 28 days before reaching 5 years residence counted from the date you entered the UK. Or anytime after this before visa expires.

- do we have to wait until 5 year period has been reached (until Dec 2020) and then apply?

No. As I answered above already but you just apply before visa expiry date.

This is all very well documented by UKVI. The lawyers is talking nonsense.

Hello CR01

Thanks for your reply.
I am thrilled to know that we can apply 28days before the 7th Dec 2020 . Shame there is no priority service as we urgently need the ILR due to NHS Funding etc.

Would you be able to provide the link to UKVI referencing the 28 days before 5 years for the spouse visa holders?

I am not sure why the immigration lawyer told me otherwise.

Bucki wrote: ↑

Fri Aug 14, 2020 8:26 pm

. Shame there is no priority service as we urgently need the ILR due to NHS Funding etc.

Who does not need to pay or get an IHS reference number
You’ll be able to use the NHS without paying the surcharge or getting a reference number if:

you’re applying for indefinite leave to enter or remain

Bucki wrote: ↑

Fri Aug 14, 2020 8:26 pm

Would you be able to provide the link to UKVI referencing the 28 days before 5 years for the spouse visa holders?

Several members experiences can be searched. Also plentiful third party sources can be found to confirm it.

Who does not need to pay or get an IHS reference number
You’ll be able to use the NHS without paying the surcharge or getting a reference number if:

you’re applying for indefinite leave to enter or remain

Not sure what you mean by this?

The NHS FUNDING for IVF + PGD is only given if you hold at least the ILR status. This is what we have been told anyway as apparently spouse visa does not cover family conception.

Sorry...

Does the 28 days, include weekends or weekdays (mon to fri) only?

Also what would be the 7th Nov minus - 28 days?


Thanks

By the way:

According to https://www.gov.uk/settle-in-the-uk/y/ ... ur-partner

Eligibility
If you’ve got a family visa as a partner or spouse on the 5-year route, you must have been living in the UK for 5 years.

So, does this mean only once 5 year has been reached?? I cant find the 28 days before 5 years nowhere on Gov website

seagul wrote: ↑

Fri Aug 14, 2020 8:57 pm

Several members experiences can be searched. Also plentiful third party sources can be found to confirm it.

Bucki wrote: ↑

Sat Aug 15, 2020 1:24 pm

Sorry...

Does the 28 days, include weekends or weekdays (mon to fri) only?

Also what would be the 7th Nov minus - 28 days?


Thanks

Its simply 28 days. Use date calculator.

Date calculator.

It is just coincidence that my friend is applying for the same visa and I have his HO approval letter when his initial visa was granted.

The abstract from the HO letter confirms this also. See the attachment:

You can apply no sooner than within 28 days before reaching 60 months residence counted from the date you entered the UK. This concession has been in place for many years for all visa routes to ilr.

See the old paper form SET M guidance notes in the link below, clearly stated in page 5 paragraph 5.

https://webarchive.nationalarchives.gov ... -form-setm

This question is answered almost daily in the forum. The majority of us have used the concession to apply for ilr, myself included.

Unsure why you believe we are not providing you with facts based on our experiences.

Thanks guys, thanks for advise.
I shall try and get all paper works ready by then.

From my knowledge I need the following

- employment letter
- 6 x payslips
- 6 x month bank statement
- accommodation letter
- proof of joint accounts / address
- B1 Test
- Life in UK Test
- meeting the 18.600 income
- pay the over 2k fee at post office

Not sure or anything else.

- proof of joint accounts / address

You need 2 years evidence in both your names, from 3 to 6 sources, spread evenly for every 3 to 4 months.

- pay the over 2k fee at post office

The post office has nothing to do with the application fee or the application itself. You apply the fee online and pay online at the end of the online form process.

Bucki wrote: ↑

Sat Aug 15, 2020 7:49 pm

- pay the over 2k fee at post office

What is that? Several years ago for postal applications post office's postal orders used be used as one of the acceptable method.

Hi CR001

Indeed the postal order is outdated now.
As per the proof of addresses;

We share the house with my parents and done have many sources apart from bank statement, mobile payment. I may be able to change Internet Broadband to our names but that’s it.

That is also what we used for visa extension.

By the way, how long does the process take until the ILR decision has been made? Can it be within few weeks? Or is there a fast track?

Cheers

Bucki wrote: ↑

Sun Aug 16, 2020 2:15 pm

By the way, how long does the process take until the ILR decision has been made? Can it be within few weeks? Or is there a fast track?

Cheers

There is a live text commentary going on at above of this forum. You can read it by yourself as what's the present tendency.

Hello All

My wife's 5year route is due to expire in March 2021
We are using the 28 days before 5 year complition from the date of entry in UK (Dec 2015).
So we are now putting everything together to apply by beginning of Oct 2020

One problem :/
I been on furlough since march, and now being made redundant by end of October 2020

I am I still within the rights to apply under Category A (salaried) though I be jobless soon?
I am still employed at the point of the application however.

I can provide last 12month payslips and P60.
Employement letter however will be stating about my redudancy.

So ermmm is abit delicate case here...
On other hand, I have saving over £35K under my name only.

What do you suggest and does anybody else have had similar experience?

As long as you were employed on the date of application, you'll be ok

Zimba wrote: ↑

Mon Sep 28, 2020 3:22 am

As long as you were employed on the date of application, you'll be ok

... well some said so and some otherwise.
Not sure if there is a statement in the appendix to say "sponsor must be working during the SET M process"?

In case they call the employer to verify, they will find out that I been made redundant.

I am worried now :/

Bucki wrote: ↑

Mon Sep 28, 2020 11:15 am

... well some said so and some otherwise.

All are correct because nothing adverse will happen if by miracle the caseworker won't liaise with the employer.

Bucki wrote: ↑

Mon Sep 28, 2020 11:15 am

Zimba wrote: ↑

Mon Sep 28, 2020 3:22 am

As long as you were employed on the date of application, you'll be ok

... well some said so and some otherwise.
Not sure if there is a statement in the appendix to say "sponsor must be working during the SET M process"?

In case they call the employer to verify, they will find out that I been made redundant.

I am worried now :/

I do not care what 'some people' said. The rules state that you must be employed on the date of application. This is also stated in the guide.

https://assets.publishing.service.gov.u ... .0-ext.pdf

seagul wrote: ↑

Mon Sep 28, 2020 2:45 pm

All are correct because nothing adverse will happen if by miracle the caseworker won't liaise with the employer.

Sorry, I do not understand what you mean by that?
Can you please simplify for me...

As far as I know, the HO never contacted my employer to check if I work there or not ...

Zimba wrote: ↑

Mon Sep 28, 2020 2:54 pm

I do not care what 'some people' said. The rules state that you must be employed on the date of application. This is also stated in the guide.

https://assets.publishing.service.gov.u ... .0-ext.pdf

I agree with you and I will be employed on the date of application.
However, if I am unlucky and HO calls my employer then they will find out that I am not employed any longer.

My fear is that they will simply refuse the application or auto-extend it for 10year route.
On other hand, my idea was to also include proof of my savings over £35K which is in my name only.

hmmm