can current spouse visa length stop ILR application

[JezzrW]

Hopefully a simple misunderstanding by a friend, who has advised that you cannot apply for ILR until the last 30 days of your current visa.

I think this is wrong (misunderstanding that can apply 28 days before the 5 year rule), but am I in the wrong?

My wife's situation is:

Entered UK 14/3/2013 (so 5 years 9 months or there abouts).
Extended visa early due to travel plans (my mistake as meant had to extend a second time)
Extended visa Jan 2018
Passed LIUK test Dec 2018
Pretty sure we tick all other boxes

So I think we should be fine to apply.

Any issues you can see from this? (my responsibility to fulfil requirements)

[CR001]

Your 'friend' is wrong, You are correct.

The earliest a person on a spouse visa can apply is no sooner than within 28 days before reaching 5 years residence, counted from date of entry to the UK.

OR they can apply at ANY time after than BUT before their current visa expires.

[JezzrW]

Thank you CR001 for the clarity. Will be banging on with the application

[JezzrW]

Your 'friend' is wrong, You are correct.

The earliest a person on a spouse visa can apply is no sooner than within 28 days before reaching 5 years residence, counted from date of entry to the UK.

OR they can apply at ANY time after than BUT before their current visa expires.

CR001 - Sorry to seek additional confirmation but a lot of money for me, and your time should be used on more critical cases. Before I posted above, I had sent an email to North Somerset Citizens Advice Bureau - who were on xmas break (they deserve it), but they have just replied to me as follows:

Hello
Thank you for your email.
Our advice system states:
"It’s important to ask the client when their current visa (or status) expires. They can apply:

in the 28 days before their current visa expires - if they apply earlier, their application will be rejected
up to 28 days after their current visa has expired, if they’ve overstayed
The Home Office will probably take longer than 28 days to process the application. The client shouldn't worry - they will keep their previous immigration status while they wait for their new visa. "

This suggests that she should not apply earlier than 28 days before expiry
I hope this is useful
Yours
Advice Services Team

I clearly believe this is wrong advice, especially with the advice you have kindly given.
Your re-confirmation is appreciated, and if you are able to point me to the immigration guidance notes that support this, then I will update North Somerset CAB.

Many thanks

[aman90]

Your 'friend' is wrong, You are correct.

The earliest a person on a spouse visa can apply is no sooner than within 28 days before reaching 5 years residence, counted from date of entry to the UK.

OR they can apply at ANY time after than BUT before their current visa expires.

CR001 - Sorry to seek additional confirmation but a lot of money for me, and your time should be used on more critical cases. Before I posted above, I had sent an email to North Somerset Citizens Advice Bureau - who were on xmas break (they deserve it), but they have just replied to me as follows:

Hello
Thank you for your email.
Our advice system states:
"It’s important to ask the client when their current visa (or status) expires. They can apply:

in the 28 days before their current visa expires - if they apply earlier, their application will be rejected
up to 28 days after their current visa has expired, if they’ve overstayed
The Home Office will probably take longer than 28 days to process the application. The client shouldn't worry - they will keep their previous immigration status while they wait for their new visa. "

This suggests that she should not apply earlier than 28 days before expiry
I hope this is useful
Yours
Advice Services Team

I clearly believe this is wrong advice, especially with the advice you have kindly given.
Your re-confirmation is appreciated, and if you are able to point me to the immigration guidance notes that support this, then I will update North Somerset CAB.

Many thanks

https://assets.publishing.service.gov.u ... 1.0ext.pdf
Pg 15,16

A person who is eligible to apply for settlement (indefinite leave to remain) on a 5- year route, in an application made from 9 July 2012, should apply for indefinite leave to remain no more than 28 days before their extant leave expires or no more than 28 days before they have completed at least 60 months in the UK with such leave.

[JezzrW]

Spot on. Thank you.