ILR SET (M) - 5 Year Qualifying Period

[secret_qa]

Hi All,

I appreciate that I am going to ask a very common question that is asked before. However, after going through several threads which are giving conflicting information, I have decided to post the question again.

Summary of my Analysis:


indefinite-leave-to-remain/ilr-5-years- ... 25531.html suggests the following

It is from the earliest date of visa approval, so the date on your first BRP. Add 5 years minus 28 days

indefinite-leave-to-remain/when-can-i-a ... 24825.html suggests the following

28days before completing 60months counting from your date of first entry into UK on spouse visa.


A google search is showing following

You must not, however, apply more than 28 days before your leave expires or you could have your application refused and the fee will not be refunded.




Question that I have now is:


Q: From which date shall I start counting 5 years minus 28 days from when I can apply
1. From the date my spouse entered in the UK
2. Date when the BRP1 was issued
3. or, 28 days prior to the expiry of BRP2

Kind regards,

[secret_qa]

More context:
I am a Britsih Citizen and my wife came into the UK in 2017 on a Spouse visa. She got the visa extended back in 2020.

To be precise the dates are as below:

Entered in the UK: 08/08/2017
BRP 1: 06/07 2017 to 13/04/2020
BRP 2: 16/04/2020 to 13/11/2022

[Casa]

Your wife can apply no earlier than 5 years minus 28 days from the date of entry into the UK on her spouse visa.

Only those on the PBS route (work or study) count from the date the first BRP was issued.

[secret_qa]

Thanks very much for the quick and clear response, Casa!

SO in my case, it will be 08/08/2017 (Date entered in the UK) minus 28 - This gives 10/07/2022

It is much appreciated as otherwise I was looking to apply this weekend assuming the eligibility from the date of issuance of BRP1

Kind regards,