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Qualifying Period for ILR - When is the earliest we can apply?

Posted: Tue Jul 09, 2024 12:42 pm
by Theunknownusername
Hello, now that my wife has her FLR(M) granted, I am planning ahead some finances and was hoping to understand the requirements better. Can someone please explain to me when is the earliest I can apply for ILR?

First Spouse Visa Outside of UK Issue Date - 24/09/2021
First Entry into UK - 08/11/2021
FLR(M) - Granted 09/07/2024 until 04/02/2027

Can I Apply on the 29/08/2026? (5 years from visa granted minus 28 days) I ask because I have seen reference to how if you are outside the country for less than 180 days in the first 12 months then you can count from the visa issue date? Or is the calculation from when she first entered the UK? So I can apply on 11/10/2027 (5 years from 08/11/24 minus 28 days)?

Thanks for all the help in this community!

Re: Qualifying Period for ILR - When is the earliest we can apply?

Posted: Tue Jul 09, 2024 12:44 pm
by CR001
Her qualifying period starts from the date she entered the uk. She can apply within 28 days before the 5th anniversary of the entry date.

There is NO absence limit rules for spouse visa holders.

Re: Qualifying Period for ILR - When is the earliest we can apply?

Posted: Wed Jul 10, 2024 12:13 pm
by AmazonianX
Theunknownusername wrote:
Tue Jul 09, 2024 12:42 pm
Hello, now that my wife has her FLR(M) granted, I am planning ahead some finances and was hoping to understand the requirements better. Can someone please explain to me when is the earliest I can apply for ILR?

First Spouse Visa Outside of UK Issue Date - 24/09/2021
First Entry into UK - 08/11/2021
FLR(M) - Granted 09/07/2024 until 04/02/2027

Can I Apply on the 29/08/2026? (5 years from visa granted minus 28 days) I ask because I have seen reference to how if you are outside the country for less than 180 days in the first 12 months then you can count from the visa issue date? Or is the calculation from when she first entered the UK? So I can apply on 11/10/2027 (5 years from 08/11/24 minus 28 days)? correct

Thanks for all the help in this community!

Re: Qualifying Period for ILR - When is the earliest we can apply?

Posted: Thu Jul 11, 2024 8:13 pm
by JKTALREJA
I heard that visa entry data will be counted rather than an entry in UK?

Re: Qualifying Period for ILR - When is the earliest we can apply?

Posted: Thu Jul 11, 2024 8:16 pm
by CR001
JKTALREJA wrote:
Thu Jul 11, 2024 8:13 pm
I heard that visa entry data will be counted rather than an entry in UK?
Different visa categories have different rules. It isn't a one size fits all.

The OP in this topic is asking about ilr for a spouse settlement visa holder, where the qualifying period start from date of entry!!

Please don't confuse topics with general comments relevant to completely different visa routes!!