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Application date for ILR under 5 year spouse visa

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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stoneps
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Application date for ILR under 5 year spouse visa

Post by stoneps » Wed Nov 18, 2020 1:05 pm

Hi :)

Hope this message find you well.

I've been granted Spouse visa under 5-year route and first entered the UK since 05/SEP/2015.

I've been out of country totally for 57 days throughout these 5 years.

So I assume my earliest available application date is 5/SEP/2020 + 57 days (roughly two months), which makes it the 5th November 2020?

But a lot of website says the earliest application date should be 28 days before my visa expires (on Biometric card it expires on 13th January 2021) so it should be 16th December 2020..

Am I allowed to apply between 5th November - 16th December 2020?

Here is my problem.. when I complete the SET (M) form and pay the fee and book the appointment for submitting my documents (in Glasgow, UK), does the application date start counting from the moment I paid my fee or does it start from the day I submit my documents?

Some website says the application fee would not be refunded if I submit on the wrong dates so I am very worried that thousands of pounds would be spent in vain if I don't figure this out properly..

Thanks a million in advanced
SP

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zimba
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Re: Application date for ILR under 5 year spouse visa

Post by zimba » Wed Nov 18, 2020 1:08 pm

All your assumptions are incorrect. How did you come to those conclusions ??!
You have been eligible for ILR since August. That is your 5 year anniversary of entry minus 28 days. Family route visa applicants do NOT any absence limits and their absences are irrelevant. The date of your application is the day of online submission
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

stoneps
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Re: Application date for ILR under 5 year spouse visa

Post by stoneps » Wed Nov 18, 2020 1:34 pm

Zimba wrote:
Wed Nov 18, 2020 1:08 pm
All your assumptions are incorrect. How did you come to those conclusions ??!
You have been eligible for ILR since August. That is your 5 year anniversary of entry minus 28 days. Family route visa applicants do NOT any absence limits and their absences are irrelevant. The date of your application is the day of online submission
Much appreciated for you speedy reply!

Now this worries me even more lol does it affect the outcome of my application? Should I provide a cover letter explaining the reason why I apply so late? :shock:

Thanks!

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CULLINAN
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Re: Application date for ILR under 5 year spouse visa

Post by CULLINAN » Wed Nov 18, 2020 1:53 pm

No. You can apply anytime before visa expiry. The earliest you could have applied was in Aug though.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

stoneps
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Re: Application date for ILR under 5 year spouse visa

Post by stoneps » Wed Nov 18, 2020 4:20 pm

CULLINAN wrote:
Wed Nov 18, 2020 1:53 pm
No. You can apply anytime before visa expiry. The earliest you could have applied was in Aug though.
Thanks a million!

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Re: Application date for ILR under 5 year spouse visa

Post by stoneps » Tue Dec 15, 2020 3:01 pm

Hi,

I am going to submit my documents tonight.

As it is stated on the government website that this might take 6 months before the decision is made.

My biometric card will expire on 13-Jan-2021 and it will be included in the application as well, together with my passport.

I am wondering what I could do to prove my identity in this country during this period? I don't really have anything left.

If it takes long for them to decide the outcome, after 13-Jan-2021 am I still a legal citizen here? Should I apply for anything to prove my legality to stay in the country? Or this whole period is permitted?

Thanks in advanced
SP

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CULLINAN
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Re: Application date for ILR under 5 year spouse visa

Post by CULLINAN » Tue Dec 15, 2020 3:04 pm

No originals are sent. You scan and upload.

Visa expiry is irrelevant when you made an in time application. You are covered by Section 3C. Your same rights will continue till a decision is made.
Last edited by CULLINAN on Tue Dec 15, 2020 3:04 pm, edited 1 time in total.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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zimba
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Re: Application date for ILR under 5 year spouse visa

Post by zimba » Tue Dec 15, 2020 3:04 pm

Zimba wrote:
Wed Nov 18, 2020 1:08 pm
All your assumptions are incorrect. How did you come to those conclusions ??!
You have been eligible for ILR since August. That is your 5 year anniversary of entry minus 28 days. Family route visa applicants do NOT any absence limits and their absences are irrelevant. The date of your application is the day of online submission
NO physical document will be sent to UKVI. Only scans are now submitted. This has been the case for the last two years :!: :!:
As you apply in-time, your visa will be automatically extended under section 3C after expiry until you get a decion.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: Application date for ILR under 5 year spouse visa

Post by stoneps » Tue Dec 15, 2020 3:26 pm

Thanks guys for the quick reply :D

I've scanned and uploaded all the documents thought UKVCAS and there is an appointment tonight with them too..

I assumed this appointment is only for checking the documents? But not submitting them?

Thanks
SP

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Re: Application date for ILR under 5 year spouse visa

Post by zimba » Tue Dec 15, 2020 3:29 pm

It is a Biometric appointment. To enrol your Biometrics
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: Application date for ILR under 5 year spouse visa

Post by AmazonianX » Tue Dec 15, 2020 3:32 pm

stoneps wrote:
Tue Dec 15, 2020 3:26 pm
Thanks guys for the quick reply :D

I've scanned and uploaded all the documents thought UKVCAS and there is an appointment tonight with them too..

I assumed this appointment is only for checking the documents? But not submitting them?

Thanks
SP
If you have not self submitted before then it will be done at the appointment which is mainly for biometrics enrolment.
Any reason for above question on appointment being for checking and not submitting?

stoneps
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Re: Application date for ILR under 5 year spouse visa

Post by stoneps » Tue Dec 15, 2020 3:53 pm

AmazonianX wrote:
Tue Dec 15, 2020 3:32 pm
stoneps wrote:
Tue Dec 15, 2020 3:26 pm
Thanks guys for the quick reply :D

I've scanned and uploaded all the documents thought UKVCAS and there is an appointment tonight with them too..

I assumed this appointment is only for checking the documents? But not submitting them?

Thanks
SP
If you have not self submitted before then it will be done at the appointment which is mainly for biometrics enrolment.
Any reason for above question on appointment being for checking and not submitting?

I've submitted them online :D .. I just thought the appointment tonight is for checking documents (silly me) or even submitting the paper documents (even sillier)..

Man I feel like I know nothing about this whole process.

I am even going to bring all the paper documents tonight hahaha.. just for the biometric enrolment.. :lol:

Thanks guys!

stoneps
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Re: Application date for ILR under 5 year spouse visa

Post by stoneps » Tue Dec 15, 2020 3:58 pm

Zimba wrote:
Tue Dec 15, 2020 3:29 pm
It is a Biometric appointment. To enrol your Biometrics
Thanks!

stoneps
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Re: Application date for ILR under 5 year spouse visa

Post by stoneps » Thu Jan 14, 2021 5:55 pm

Hi guys

It's been a month since I enrolled my biometrics but there is no email or letter or any form of confirmation..
Even after I submitted the scanned documents on UKVCAS there was no email confirming that they've been received...
Do I just wait for the decision letter to come now?

Thanks
SP

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Re: Application date for ILR under 5 year spouse visa

Post by CULLINAN » Thu Jan 14, 2021 5:57 pm

No confirmation is sent. Yes you will get decision letter now.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

stoneps
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Re: Application date for ILR under 5 year spouse visa

Post by stoneps » Thu Jan 14, 2021 6:02 pm

CULLINAN wrote:
Thu Jan 14, 2021 5:57 pm
No confirmation is sent. Yes you will get decision letter now.
Thank you! :)

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