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Hi all,

I fear we may have made a mistake calculating the key date for my wife's ILR application (5 year route) - but hopefully we've realised with enough time!

I know that she can apply 28 days before she is eligible (whenever this date is!) - BUT can she also apply after this date?

Her residence permit is valid until April 20 2024 - and she thought this was the date by when she needed to apply for ILR. But I disagree.

The date she initially arrived in the UK was Jan 10th 2019 (her vignette approval was December 28 2018).

As such - my questions are:

1. When is she eligible to apply for for ILR (28 days before 28th Dec, 10th Jan, or 30th April) ?

2. If the answer as the 10th of Jan - is she able to apply after this date (ie up to 30th April) or would the 10th Jan be the cut off point?

I hope the above makes sense. Apologies if it doesn't - I will do my best to explain more clearly if needed.

Any advice would be very much appreciated.

1) IIRC for spouse visa clock starts after entering the country - should be 28 days before Jan 10th.

2) Yes. As long as she qualifies and has a valid leave, she can apply.

Hi Meself2,

Thank you for the very prompt reply.

1. Thank you - this is what I thought.

2. Could I ask how we would we know if she qualifies and has a valid leave?

If it helps the dates we have are as follows:

Vignette - 28th Dec 2018
Arrival UK - 10th Jan 2019

She applied for her renewal in 2021 and on the 19 October 2021 received approval from the Home Office stating:

Your application under the Partner (FLR M) route of the Immigration Rules has been successful.
You have been granted permission to stay in the UK until 30 Apr 2024

The Biometric residence permit she subsequently received says 'valid until 30th April 2024)

I am hoping that this means she can apply for ILR from 28 days before Jan 10th up until 30th April 2024 ?

We are just very confused as April is approaching 5.5 years, rather than 5.

Thanks again for any help you can give

EastLondoner wrote: ↑

Tue Dec 05, 2023 11:15 pm

I am hoping that this means she can apply for ILR from 28 days before Jan 10th up until 30th April 2024 ?

Yes.

Meself2 - you are a star.

Panic over.

Thank you very much!