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I'm puzzled by this paragraph in my wife's letter from the Home Office regarding of her Grant of Leave to Remain (Five Year Partner Route).

You must apply before the end of your authorised stay in the UK, but not more than 28 days before completing that period. If you apply earlier than that, your application may be refused.

Does that mean we have to file the application when her visa has 28 days left on it? Current information on the government website says visas are taking about 8 weeks to process.

Advice appreciated.

Thanks,
Andrew

Are you asking specifically for indefinite leave after 5 years or the spouse visa extension?

andrewgibson wrote: ↑

Tue Sep 10, 2024 2:14 pm

I'm puzzled by this paragraph in my wife's letter from the Home Office regarding of her Grant of Leave to Remain (Five Year Partner Route).

You must apply before the end of your authorised stay in the UK, but not more than 28 days before completing that period. If you apply earlier than that, your application may be refused.

Does that mean we have to file the application when her visa has 28 days left on it? Current information on the government website says visas are taking about 8 weeks to process.

Advice appreciated.

Thanks,
Andrew

It means application CAN be put in 28days before completing 60months in the UK which corroborates the 28days concession for ILR SET M or 30months for FLR M.

It is not a must but can be done or from then till the expiry of her current leave.

CR001 wrote: ↑

Tue Sep 10, 2024 2:29 pm

Are you asking specifically for indefinite leave after 5 years or the spouse visa extension?

Indefinite leave to remain after 5 years

AmazonianX wrote: ↑

Tue Sep 10, 2024 2:31 pm

andrewgibson wrote: ↑

Tue Sep 10, 2024 2:14 pm

I'm puzzled by this paragraph in my wife's letter from the Home Office regarding of her Grant of Leave to Remain (Five Year Partner Route).

You must apply before the end of your authorised stay in the UK, but not more than 28 days before completing that period. If you apply earlier than that, your application may be refused.

Does that mean we have to file the application when her visa has 28 days left on it? Current information on the government website says visas are taking about 8 weeks to process.

Advice appreciated.

Thanks,
Andrew

It means application CAN be put in 28days before completing 60months in the UK which corroborates the 28days concession for ILR SET M or 30months for FLR M.

It is not a must but can be done or from then till the expiry of her current leave.

But it says "not more than 28 days before". Surely that means you can't put in the application before then?

These paragraphs are being incorrectly interpreted by applicants all the time as they do not know the context at all. The earliest date of ILR eligibility is within 28 days of completing your 60 months in the UK. That is when you can be granted ILR. Note that the visa expiry is irrelevant.

In the past, applicants could apply for a same-day decision (in the old UKVI premium visa centres), so the date of application and the date of the decision were effectively the same. In those circumstances, if such a person applied earlier than the date above, they would not be eligible for ILR on that date, hence their application could be refused. So if you are not eligible on the date of the ILR decision, then this could be problematic.

This is no longer an issue as you are required to apply online now and your application is NOT decided until after your biometrics is enrolled. So the date of application and the date of the decision are no longer on the same day. Given that your lawful residence is calculated on the date of ILR decision, the date of application is no longer that critical anymore and most applicants could continue to accumulate lawful residence until the day UKVI is about to make a decision on their ILR. The date of the ILR decision is therefore the most important date and this date almost always will be AFTER the date of application and the biometrics.

With the above in mind, the note that reminds you that you could be refused if you apply early is not that alarming.

You can learn more here: Applicants can benefit from the date of the ILR decision

andrewgibson wrote: ↑

Tue Sep 10, 2024 3:41 pm

AmazonianX wrote: ↑

Tue Sep 10, 2024 2:31 pm

andrewgibson wrote: ↑

Tue Sep 10, 2024 2:14 pm

I'm puzzled by this paragraph in my wife's letter from the Home Office regarding of her Grant of Leave to Remain (Five Year Partner Route).

You must apply before the end of your authorised stay in the UK, but not more than 28 days before completing that period. If you apply earlier than that, your application may be refused.

Does that mean we have to file the application when her visa has 28 days left on it? Current information on the government website says visas are taking about 8 weeks to process.

Advice appreciated.

Thanks,
Andrew

It means application CAN be put in 28days before completing 60months in the UK which corroborates the 28days concession for ILR SET M or 30months for FLR M.

It is not a must but can be done or from then till the expiry of her current leave.

But it says "not more than 28 days before". Surely that means you can't put in the application before then?

Hope with @zimba's explanation you got the correct interpretation now?

I understand now. Thanks for your help!