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Hi all,

I have a question about applying for Indefinite Leave to Remain. I have read lots of different topics and I'm quite confused when it comes to counting -28 days prior to 5/10 year residency depends on the type of visa.

My situation is following:

I have entered UK on 21st of October 2015 having EEA FP (Family permit valid for 6 months, family member of EEA citizen).
I got my Residence card next year and expiry date on it is 21.06.21
I have also applied for and granted pre-settled status in November 2019.
Can I still apply for ILR or I'm overstaying at the moment (-28 days from October 2020)? I have also read that if I have pre-settled status that means I am not late to apply for ILR

Any help is much appreciated

Best, Dejan

dejan83 wrote: ↑

Fri Nov 06, 2020 8:51 am

I have read lots of different topics and I'm quite confused when it comes to counting -28 days prior to 5/10 year residency depends on the type of visa.

You are confused indeed

First, you might or might not be aware that there are two types of ILR:

ILR: Classic route into permanent residence for non-EU people
Settled Status: New route into permanent residence for EU people and their non-EU family members

Technically, they are both ILR, and you might have seen Settled Status referred to as ILR, but their process and conditions for eligibility are very different.

Second, you seem to be aware that for some routes you can apply 28 days before the official eligibility date. This is the case for non-EU ILR, but NOT the case for Settled Status applications. For Settled Status, you are supposed to apply when you complete the 5 years necessary to make you eligible. Not before.

I have entered UK on 21st of October 2015 having EEA FP (Family permit valid for 6 months, family member of EEA citizen).
I got my Residence card next year and expiry date on it is 21.06.21
I have also applied for and granted pre-settled status in November 2019.

This means on 21st October 2020 you completed the 5 years necessary to apply for Settled Status.
This does not mean you need to apply now, or that your Pre-Settled status is invalid just because you completed the 5 years. It simply means you are eligible to apply and that you will likely get Settled Status.

Can I still apply for ILR

You can apply For Settled Status, which is the way you should call ILR for EU people and their non-EU family members. Calling it ILR can lead to a confusion you visibly already have, of thinking it is the same as the classic ILR for non-EU people.

or I'm overstaying at the moment (-28 days from October 2020)?

I am not sure how you got to the conclusion that you might be overstaying.
You have a valid Pre-Settled status, issued in 2019, and presumably valid for another 5 years.

I have also read that if I have pre-settled status that means I am not late to apply for ILR

Again, it's Settled Status you need to apply for, and there is no lateness concept for that, given you already have pre-Settled status under the Scheme.

You apply when you are eligible, and before your current Pre-Settled Status expires. Which means you are perfectly OK to apply anytime between now and November 2024 (5 years after your Pre-Settled Status was issued). Obviously, the earlier you apply the better.

I think you are confused by the fact that you think ILR and Settled status are the same, and that you have been using ILR to mean Settled Status.

A further clarification is that ILR set (M) is for family members of British citizens and non-EU Settled persons.

From your timeline it seems you are the family member of a EU national. If that is the case, then ILR set (M) is NOT for you.
Settled Status is.

Dear Kamoe,

Thank you for your prompt response and clarification, much appreciated.
Things are much clearer now, and soon I will start with my settled status application (not the other ILR one )

Best,
Dejan