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When to apply for ILR?

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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kboes80
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United States of America

When to apply for ILR?

Post by kboes80 » Thu Feb 06, 2020 2:23 pm

Hello, I am hoping someone can clarify when I can apply for ILR. Basically I'm looking to clarify if I have to wait until 5 years under a spousal visa (Nov 2020) or 5 years of marriage (July 2020)? Or is there another way I can apply now?

My situation is as follows:
I came to the UK in Nov 2013 on a Tier 2 ICT visa that was valid until Nov 2015. I am an American citizen.

While here, I met and subsequently married a British citizen (born and raised) in July 2015.

I applied for a spousal visa in Nov 2015 that was valid for 30 months. I renewed after 30 months and that second renewal expires in Nov 2020.

I plan on applying for British citizenship immediately after receiving my ILR.

Thanks for any advice!

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CR001
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Re: When to apply for ILR?

Post by CR001 » Thu Feb 06, 2020 2:25 pm

November 2020. It is 5 years residence on a qualifying visa, ie 5 years on spouse visa.
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kboes80
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Posts: 2
Joined: Thu Feb 06, 2020 2:17 pm
United States of America

Re: When to apply for ILR?

Post by kboes80 » Thu Feb 06, 2020 3:16 pm

Thanks CR001!
I can still apply for ILR 28 days before the current spousal visa expires or 28 days before the 5 year anniversary of the original spousal visa issuance?

These are similar dates, but not exact. I want to be sure as I don't want to be in limbo where I'm waiting for my ILR but my current spousal visa has expired.

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CR001
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Re: When to apply for ILR?

Post by CR001 » Thu Feb 06, 2020 6:06 pm

You can apply no sooner than within 28 days before the 5th anniversary of the date your spouse visa was issued in the UK.
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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