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Correct date for applying for ILR

Posted: Fri Oct 14, 2022 1:44 pm
by Faithful01
Hello everyone,

Thank you for all your help previously.

I am just planning ahead and I have a question. I had my spouse visa extension delayed for 6 months due to Covid, I was just wondering when I would then apply for ILR as my 5 years will be complete in July 2023 but my BRP is valid till December 2023, can I apply in July or I have to apply within 28 days before December. Thanks

Re: Correct date for applying for ILR

Posted: Fri Oct 14, 2022 1:48 pm
by contorted_svy
You can apply as soon as you become eligible, you don't have to wait for your visa to expire if you are eligible before thn.

Re: Correct date for applying for ILR

Posted: Fri Oct 14, 2022 1:51 pm
by Faithful01
contorted_svy wrote:
Fri Oct 14, 2022 1:48 pm
You can apply as soon as you become eligible, you don't have to wait for your visa to expire if you are eligible before thn.
Thank you, so it’s 5 years from the approval of my first spouse visa?

Re: Correct date for applying for ILR

Posted: Fri Oct 14, 2022 1:54 pm
by contorted_svy
It depends which route you are applying under, there are different requirements for different types of visa. Have you been on a spouse visa for 5 years? Does your partner have ILR?

Re: Correct date for applying for ILR

Posted: Fri Oct 14, 2022 1:58 pm
by contorted_svy

Re: Correct date for applying for ILR

Posted: Fri Oct 14, 2022 2:00 pm
by Faithful01
contorted_svy wrote:
Fri Oct 14, 2022 1:54 pm
It depends which route you are applying under, there are different requirements for different types of visa. Have you been on a spouse visa for 5 years? Does your partner have ILR?
I’ll be applying under SET M, I’m currently on my second spousal visa and my husband is a British citizen, I just wasn’t sure of the timeline. Thank you

Re: Correct date for applying for ILR

Posted: Fri Oct 14, 2022 2:09 pm
by CR001
You can apply for ILR no sooner than within 28 days before the 5th Anniversary of the date you ENTERED the UK. It is not counted from your initial visa approval date.

Re: Correct date for applying for ILR

Posted: Fri Oct 14, 2022 2:32 pm
by Faithful01
CR001 wrote:
Fri Oct 14, 2022 2:09 pm
You can apply for ILR no sooner than within 28 days before the 5th Anniversary of the date you ENTERED the UK. It is not counted from your initial visa approval date.
Thank you, I entered the UK on a student visa and then switched to a spousal visa, would that then make it 5th anniversary of when the first spousal visa was issued as I am applying for an ILR via the spousal route? Sorry just trying to get clarification.

Re: Correct date for applying for ILR

Posted: Fri Oct 14, 2022 2:39 pm
by zimba
Only time spent under family visa counts for ILR

Re: Correct date for applying for ILR

Posted: Fri Oct 14, 2022 2:42 pm
by Faithful01
Zimba wrote:
Fri Oct 14, 2022 2:39 pm
Only time spent under family visa counts for ILR
Thank you

ILR set m proof of bill payment

Posted: Sat Jul 15, 2023 2:05 pm
by Faithful01
Hello everyone, thanks for your help previously.

I am applying for my ILR (set m) and need clarity on this.

I will be using my salary, my bank statement and letter from my employer as I earn over the threshold, however All the bills I will be using as proof of cohabitation come out from my husbands bank account ( the bills are in both our names), do I need to also attach his bank statements to prove the bills are being paid and will it cause confusion as there will be two bank statements. Thanks

Re: ILR set m proof of bill payment

Posted: Sat Jul 15, 2023 2:11 pm
by CR001
do I need to also attach his bank statements to prove the bills are being paid
No!

Re: ILR set m proof of bill payment

Posted: Sun Jul 23, 2023 2:02 am
by Faithful01
Thank you for your response.

I need help with two questions

I have now made payment and my appointment is in a week, I have started uploading my documents however I am awaiting this months payslip, is it okay to use a payslip that was generated after submission in my 6 months payslip requirement? (I will be printing my 6 months bank statement after I am paid on the 25th to align with the payslip).

Also for the evidence of monthly housing cost for the accommodation in the uk where you live, is my latest tenant agreement and council tax bill okay?

Thanks

Re: ILR set m proof of bill payment

Posted: Sun Jul 23, 2023 2:38 am
by Faithful01
Hi all,

I am now panicking as my letter from my employer is going to be dated after my application date as well as my bank statements (I can use my Jan-June payslip which falls within the 28 days rule).

Do I attach a cover letter explaining or do I just cancel the application and put in a new application?

Thanks

Re: ILR set m proof of bill payment

Posted: Sun Jul 23, 2023 3:08 am
by zimba
Payslips must all be dated before the application date as the rules require you to cover at least 6 months of payslips, prior to the date of application. Other evidence (like an employer letter or the corresponding bank statements) could have a later date, without negative effects.
Payslips covering:

a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or

• any period of salaried employment in the period of 12 months prior to the date
of application if the person has been employed by their current employer for
less than 6 months (or at least 6 months but the person does not rely on
paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a
self-employed person
The 28 days requirement is all about not using old evidence and only when the rules ask for a specified piece of evidence with respect to the application date:
Where Appendix FM-SE requires the applicant to provide specified evidence relating
to a period which ends with the date of application
, that evidence must be dated no
earlier than 28 days before the date of application.
https://assets.publishing.service.gov.u ... rement.pdf

Re: ILR set m proof of bill payment

Posted: Sun Jul 23, 2023 3:36 am
by Faithful01
Thanks for your swift reply, I have withdrawn the application and cancelled my biometric appointment.

As I noticed that my date of birth is incorrect on my January payslip ( HR error which has now been corrected).

To be on the safe side, I will wait for this months payslip ( so I can use Feb-July) and then reapply.

Does withdrawing this application(super priority) affect using super priority for the new application?

Thanks.

Re: ILR set m proof of bill payment

Posted: Sun Jul 23, 2023 3:39 am
by zimba
It has no effect

Re: ILR set m proof of bill payment

Posted: Sun Jul 23, 2023 3:52 am
by Faithful01
Thank you Zimba

Re: ILR set m proof of bill payment

Posted: Sun Jul 23, 2023 10:50 pm
by Faithful01
Hi all,

While filling the ILR set m form it says to only list absences of 2 weeks and above.

I have never been on holiday for more than 10 days in the last 5 years so I did not include any, however I have been seeing people include theirs, do I need to list out my absences if below 2 weeks just to be in the safe side? Thanks .

Re: ILR set m proof of bill payment

Posted: Sun Jul 23, 2023 11:25 pm
by zimba
Faithful01 wrote:
Sun Jul 23, 2023 10:50 pm
Hi all,

While filling the ILR set m form it says to only list absences of 2 weeks and above.

I have never been on holiday for more than 10 days in the last 5 years so I did not include any, however I have been seeing people include theirs, do I need to list out my absences if below 2 weeks just to be in the safe side? Thanks .
No. The family route does not have any absence limits anyway. It does not matter at all

Re: ILR set m proof of bill payment

Posted: Mon Jul 24, 2023 8:31 am
by Faithful01
Thank you Zimba.

Re: ILR set m proof of bill payment

Posted: Sat Jul 29, 2023 7:45 pm
by Faithful01
Hi Zimba,

I’m just uploading my documents and have a question.

When uploading I and my husband’s passport, do I upload only the biometric pages or include every page that has a stamp or visa on it?

Thanks.

Re: ILR set m proof of bill payment

Posted: Sat Jul 29, 2023 10:51 pm
by zimba
Just the biometrics page is enough

Re: ILR set m proof of bill payment

Posted: Sun Jul 30, 2023 1:29 am
by Faithful01
Thank you Zimba