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Can My wife apply ILR early?

Family member & Ancestry immigration; don't post other immigration categories, please!
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MoveOn
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Joined: Tue Jul 30, 2019 12:09 pm
United Kingdom

Can My wife apply ILR early?

Post by MoveOn » Mon Nov 30, 2020 3:19 pm

Hey Guys,

I have been reading about ILR as the Spouse of a British national but not been able to get exact info based on our scenario.

My wife entered the UK on an FLR M visa in Aug 2014 and in Oct 2019 instead of applying for ILR we applied for FLR (M), didn't realize the difference thinking as she has completed the 5 yrs so HomeOffice will give her ILR, but instead, she was given FLR (M) for 30 months till MAY 2022.

My question to you experts is, can we apply for her ILR now and not wait for May 2022? Looking on Home Office it says you can apply 28 days before your current visa expires OR 5 years completion. Where do we stand? can apply now or have to wait till 2022?

Will appreciate it if someone had a similar situation and what was their outcome.

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CULLINAN
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Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: Can My wife apply ILR early?

Post by CULLINAN » Mon Nov 30, 2020 3:24 pm

She can apply when she completes 60months minus 28 days counting from the date she entered UK. No need to wait till 2022.
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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seagul
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Re: Can My wife apply ILR early?

Post by seagul » Mon Nov 30, 2020 4:28 pm

MoveOn wrote:
Mon Nov 30, 2020 3:19 pm


My wife entered the UK on an FLR M visa in Aug 2014
FLRM visa isn't issued from abroad, perhaps you mean spouse visa
MoveOn wrote:
Mon Nov 30, 2020 3:19 pm
but instead, she was given FLR (M) for 30 months till MAY 2022.
Before being issued with another 30 months of leave, were she asked to pay IHS? Are you sure to have actually received the new leave under 5 years of route instead 10 years?
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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seagul
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Joined: Thu Nov 12, 2015 11:23 am
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Re: Can My wife apply ILR early?

Post by seagul » Mon Nov 30, 2020 4:34 pm

seagul wrote:
Mon Nov 30, 2020 4:28 pm
MoveOn wrote:
Mon Nov 30, 2020 3:19 pm


My wife entered the UK on an FLR M visa in Aug 2014
FLRM visa isn't issued from abroad, perhaps you mean spouse visa
MoveOn wrote:
Mon Nov 30, 2020 3:19 pm
but instead, she was given FLR (M) for 30 months till MAY 2022.
Are you sure to have actually received the new leave under 5 years of route instead 10 years?
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: Can My wife apply ILR early?

Post by CULLINAN » Mon Nov 30, 2020 5:12 pm

MoveOn wrote:
Mon Nov 30, 2020 3:19 pm
Hey Guys,

I have been reading about ILR as the Spouse of a British national but not been able to get exact info based on our scenario.

My wife entered the UK on an FLR M visa in Aug 2014 and in Oct 2019 instead of applying for ILR we applied for FLR (M), didn't realize the difference thinking as she has completed the 5 yrs so HomeOffice will give her ILR, but instead, she was given FLR (M) for 30 months till MAY 2022.

My question to you experts is, can we apply for her ILR now and not wait for May 2022? Looking on Home Office it says you can apply 28 days before your current visa expires OR 5 years completion. Where do we stand? can apply now or have to wait till 2022?

Will appreciate it if someone had a similar situation and what was their outcome.
For ILR one has to fulfil LIUK and English B1 requirements. She could have applied for ILR on SET(M) in 2019. Since she applied for FLR(M), she got an extension instead only - as that is what she asked for.
Now, she can apply for ILR but she will have to pass LIUK, English Level B1 and all visa specific requirements for SET(M).
Again, no need to wait till 2022.
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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