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ILR set(M) - when to apply?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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hayleyclo
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ILR set(M) - when to apply?

Post by hayleyclo » Sat Apr 27, 2019 3:04 pm

Hi, we have general query about when to apply for ILR, should we just be going by the date on my biometric residence permit (expiry date)?

Currently my BMRP states that it expires on 10th Sept 2019, so we were assuming we would be good to go with ILR application by 13th August 2019 - however -

1st period of FLR obtained on 25.07.2014 (on BMRP)
2nd FLR obtained 24.02.2017 (on BMRP)

But if we go with the 5 year rule then I could technically apply for ILR in July 2019 (in line with when i got my first period of FLR)? Is that right? Or do we got with the date on the BMRP? (Sept 2019)

So confused!

Thanks!

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CR001
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Re: ILR set(M) - when to apply?

Post by CR001 » Sat Apr 27, 2019 3:17 pm

You can apply no sooner than within 28 days before reaching 60 months residence, counted from the date you entered the UK on your spouse visa or the date of flr m grant if you applied within the UK (fiance visa and other visa don't count) and you must apply before your visa expires.
Char (CR001 not Casa)
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hayleyclo
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Re: ILR set(M) - when to apply?

Post by hayleyclo » Sat Apr 27, 2019 3:38 pm

Okay thanks, so does that mean we can apply in July 2019 and not when my BMRP expires? I didn't enter the UK on a Spouse, I entered on a Fiance visa, and we got civil partnership in the UK and I then applied for a Spouse visa in July 2014.

Thank you.
H

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CR001
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Re: ILR set(M) - when to apply?

Post by CR001 » Sat Apr 27, 2019 3:47 pm

Okay thanks, so does that mean we can apply in July 2019 and not when my BMRP expires?
Yes, no sooner than within 28 days before 25th July.
I didn't enter the UK on a Spouse, I entered on a Fiance visa, and we got civil partnership in the UK and I then applied for a Spouse visa in July 2014.
As stated, your time on fiance visa doesn't count for the 60 months residence and you count from the date your spouse visa was issued in July 2014.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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