Grant of leave to remain

[MAH1992]

Hello - hoping someone can help with a query I have as I'm slightly confused about the next steps from here (apologies in advance as I know it's very early to be thinking about the next stage)

My wife initially entered the UK in September 2016 and looking at the BRP issued then, it has the permit type as 'Spouse/Partner leave to enter' & the BRP/visa was due to expire on 3rd June 2019.

We have submitted the application for extension in May 2019 and today received the new BRP and decision letter confirming the application was successful. The new BRP expires in January 2022.

The decision letter has been posted to us is headed 'Grant of Leave to Remain Five Year Partner Route' & it mentions 'You submitted an application for limited leave to remain as a partner. I am writing inform you that you have been granted a period of 30 months limited leave to remain. You may be eligible to apply for settlement after completing at least 5 years under this route. It also states on page 2 'following a continuous period of lawful leave to remain in the UK of at least five years (60 months) and subject to meeting the requirements of the Immigration Rules at the time, you may be eligible for indefinite leave to remain in the UK.

Given my wife initially entered the UK in September 2016, I thought that is when her 60 months cycle starts however the letter received today suggests that is not the case.

Can someone please confirm if we will need to apply for another extension (further leave to remain) in January 2022 or will we be eligible to apply for indefinite leave to remain in January 2022?

Thanks in advance

[CR001]

It is standard blurb of text. It merely states under what rules she has been granted an extension, which is the 5 years spouse visa route. It also simply states that ILR can be applied for when she has 60 months residence on this route.

If they had changed her route, they would have stated it clearly and the immigration rule applicable.

Assuming your wife entered the UK on a spouse visa and not a 6 months fiance visa, she can apply for ILR no sooner than within 28 days before X date in September 2021.

[MAH1992]

It is standard blurb of text. It merely states under what rules she has been granted an extension, which is the 5 years spouse visa route. It also simply states that ILR can be applied for when she has 60 months residence on this route.

If they had changed her route, they would have stated it clearly and the immigration rule applicable.

Assuming your wife entered the UK on a spouse visa and not a 6 months fiance visa, she can apply for ILR no sooner than within 28 days before X date in September 2021.

Thanks for replying CR001 - appreciate it.

My wife's initial spouse visa was valid from 3rd September 2016 however she didn't arrive in the UK until 15/16 September 2016. Given her extension has been granted until 28 January 2022, when would you say is best to apply for ILR?
I was thinking around late November/early December 2021 - would you say that's ok?

[CR001]

The earliest she can apply for ILR is no sooner than within 28 days before the 5th anniversary of the date she entered the UK. The latest she can apply is the date her visa expires.

[Waiting limited]

entry 15/16 September 2016 to ?/?/2019
first extension ?/?/2019 to 28/1/2022

you did well by applying for the first extension by post the problem with same day service you end up with short of months or days because decision is made same day (in my case). assuming HO grant her the 30 months from 1/5/2019 then you already 31 months and 15 days ,you have 1 month and 15 days extra from the 30 months given in the first place (entry 2016).

From and including: Friday, 16 September 2016
To, but not including Wednesday, 1 May 2019
Result: 957 days
It is 957 days from the start date to the end date, but not including the end date.
Or 2 years, 7 months, 15 days excluding the end date.
Or 31 months, 15 days excluding the end date.

also could you please confirm when did you exactly send documents to HO for extension as it will help me with my future applications. and also starting date in her new BRP please.

congratulations

[MAH1992]

entry 15/16 September 2016 to ?/?/2019
first extension ?/?/2019 to 28/1/2022

you did well by applying for the first extension by post the problem with same day service you end up with short of months or days because decision is made same day (in my case). assuming HO grant her the 30 months from 1/5/2019 then you already 31 months and 15 days ,you have 1 month and 15 days extra from the 30 months given in the first place (entry 2016).

From and including: Friday, 16 September 2016
To, but not including Wednesday, 1 May 2019
Result: 957 days
It is 957 days from the start date to the end date, but not including the end date.
Or 2 years, 7 months, 15 days excluding the end date.
Or 31 months, 15 days excluding the end date.

also could you please confirm when did you exactly send documents to HO for extension as it will help me with my future applications. and also starting date in her new BRP please.

congratulations

Hi

So looking back at paperwork for initial entry clearance, the entry clearance was valid from 03 September 2016 - 03 June 2019. However my wife did not arrive in the UK until 15 September 2016.

The extension application was made online plus we did not opt for same day service. See timeline below.

Online Application completed - 10 May 2019 (Standard service, not priority)
Sopra Steria Biometrics Appointment - 23 May 2019
BRP received on 08/07/2019

The BRP that we've received following our extension application is dated 04/07/2019 - 28/01/2022.

Documents were scanned & uploaded onto Sopra Steria portal prior to biometrics appointment. The documents were verified by Sopra Steria staff and they asked my wife whether she is happy for them to finalize the submission of her application - I presume this is when the documents are classed as being submitted.

[CR001]

The earliest she can apply for ILR is no sooner than within 28 days before the 5th anniversary of the date she entered the UK. The latest she can apply is the date her visa expires.

So for the next application for ILR in 2021, the above still applies.

[Waiting limited]

thank you so much for all those informations.

From and including: Thursday, 4 July 2019
To, but not including Friday, 28 January 2022
Result: 939 days
It is 939 days from the start date to the end date, but not including the end date.
Or 2 years, 6 months, 24 days excluding the end date.
Or 30 months, 24 days excluding the end date.

HO already given you extra days .

if I were you I'll take a pencil and paper and do my maths, HO won't care if it's only 1 day short to qualify for ILR.

ILR 5 years start from her entry to UK 15/9/2016.

all the best.

[MAH1992]

The earliest she can apply for ILR is no sooner than within 28 days before the 5th anniversary of the date she entered the UK. The latest she can apply is the date her visa expires.

So for the next application for ILR in 2021, the above still applies.

Thanks CR001, do you foresee any issues with submitting the ILR application in November/December 2021? I.E in your opinion, is that too late to submit the application or timescales are ok?

Thanks

[CR001]

The earliest she can apply for ILR is no sooner than within 28 days before the 5th anniversary of the date she entered the UK. The latest she can apply is the date her visa expires.

So for the next application for ILR in 2021, the above still applies.

Thanks CR001, do you foresee any issues with submitting the ILR application in November/December 2021? I.E in your opinion, is that too late to submit the application or timescales are ok?

Thanks

No issue at all. There is no requirement that you must apply exactly on 60 months residence.

[seagul]

.

if I were you I'll take a pencil and paper and do my maths, HO won't care if it's only 1 day short to qualify for ILR.



all the best.

I think you are complicating mathematically the op's simplified situation. There is not even 1 day short because whole of the application processing time will be treated as continuous and be added to op's leave under section 3C. As CR001 has already said that OP can apply ILR 28 days before of 15th september 2021.

[Waiting limited]

In my case My visa expires in 3/8/2019, my 5 years will be in 19/10/2019. I was far away from 28 days and I don't think the home office will accept my application even if I applied 29 days early , one day on top of the 28 days is considered early application and It's subject to rejection with granting 30 months of leave to remain if they qualify for that of course. Which means more money to spend for a new ILR application.

My point is by doing his maths he saves money and time as well.

[MAH1992]

In my case My visa expires in 3/8/2019, my 5 years will be in 19/10/2019. I was far away from 28 days and I don't think the home office will accept my application even if I applied 29 days early , one day on top of the 28 days is considered early application and It's subject to rejection with granting 30 months of leave to remain if they qualify for that of course. Which means more money to spend for a new ILR application.

My point is by doing his maths he saves money and time as well.

Correct me if I'm wrong, but this 'risk' that you're suggesting may happen. Since my wife has been in the UK since 15 September 2016, I am mitigating this 'risk' by applying for ILR in November/December 2021?

If I am mitigating this risk, then I don't really need to worry about saving time & money as I won't be in that situation?

The purpose of my post was to understand whether in November/December 2021 we are eligible to apply for ILR or whether it would be another extension application - CR001 has answered my question.

[Waiting limited]

Croo1 is right .
You don't need any extension
By end of November or early December 2021 your wife would be in U.K for more than 5 years . You're in the safe side .

[Waiting limited]

Can you please confirm if you upload all pages of your passport before going to the biometric appointment ?

[MAH1992]

Can you please confirm if you upload all pages of your passport before going to the biometric appointment ?

I'm not sure whether it's necessary for all pages of the passport to be uploaded but I uploaded all pages.

[Waiting limited]

thank you for help.