Visa Expires 03/04/2019, Qualifying Period passed on 18/01/2019 - Can we apply for ILR now?

[dreamspear]

Hi all,

I'm having trouble finding advice which applies to our situation. Hopefully, someone can point me in the right direction.

My wife 's Limited Leave to Remain (Spouse) visa was granted on 03/01/2014 and she arrived in the UK 2 weeks later on 18/01/2014. FLR (M) was granted on 03/10/2016 with an expiry date 03/04/2019.

Based on this, my wife reached the 5-year ILR qualifying period on 18/01/2019. Every piece of information I can find refers to being able to apply for ILR up to 28 days before the qualifying period, however in the cases, I can see, the qualifying period is the same date as the visa expiry date.

However, my wife's visa doesn't expire until 03/04/2019.

Does she have to wait until 28 days before her visa expires to apply for ILR, or could she have applied 28 days before the qualifying period (21/12/2018) and therefore be able to apply now without waiting any longer?

She passed the Life in the UK Test today and we're ready to pay and go ahead, but would just like some clarification on this, please.

Any help would be appreciated

Michael

[aman90]

Hi all,

I'm having trouble finding advice which applies to our situation. Hopefully, someone can point me in the right direction.

My wife 's Limited Leave to Remain (Spouse) visa was granted on 03/01/2014 and she arrived in the UK 2 weeks later on 18/01/2014. FLR (M) was granted on 03/10/2016 with an expiry date 03/04/2019.

Based on this, my wife reached the 5-year ILR qualifying period on 18/01/2019. Every piece of information I can find refers to being able to apply for ILR up to 28 days before the qualifying period, however in the cases, I can see, the qualifying period is the same date as the visa expiry date.

However, my wife's visa doesn't expire until 03/04/2019.

Does she have to wait until 28 days before her visa expires to apply for ILR, or could she have applied 28 days before the qualifying period (21/12/2018) and therefore be able to apply now without waiting any longer?

She passed the Life in the UK Test today and we're ready to pay and go ahead, but would just like some clarification on this, please.

Any help would be appreciated

Michael

1. She completed 5 years on 17/01/19
2. To qualify for continuous residence the above date is all that matter.
3. The HO office allows applicants to apply within 28 days of qualifying date.
4.She's good to apply.
How am I certain?! My leave was to expire 6 months after I applied for ILR. I had completed 4 years and 11 months and a few days when I applied for ILR.

She could have applied 03/01/19 minus 28 days as well as 17/01/19 minus 28 days

[dreamspear]

Brilliant! Thank you so much for your very speedy response!