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ILR Category and date 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

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

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MMG11
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ILR Category and date to apply

Post by MMG11 » Wed Mar 02, 2022 3:22 pm

Hello

Question 1: If my partner has been in the UK on a 1 year student Visa(2013), 5 year partner visa(2014-2019) and currently 5 months left on his 2.5 extension visa (2019-present) do we select this 'Partner of a person present and settled in the UK - 5-year route'. The only reason I ask is because this is an option 'Unmarried partner of a person present and settled in the UK - 2-year route' and his current visa is the 2.5 one but he's been here for 8 years.

Question 2: Given the time he has been here am I correct in assuming we don't have to wait 28 days before his visa expires to do the application?

Thanks in advance if anyone has any answers.

MMG11
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Re: ILR Category and date to apply

Post by MMG11 » Wed Mar 02, 2022 4:50 pm

On reading posts it's pretty clear I tick 'Partner of a person present and settled in the UK - 5-year route' given he has been here 8 years! Just worrying myself!

Clarity on the issue of date would be much appreciated though. In simple terms can I apply today (he's been here over 8 consecutive years) or do I have to wait until 28 days before his current passport expires which is start of June.

Thanks in advance.

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CR001
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Re: ILR Category and date to apply

Post by CR001 » Wed Mar 02, 2022 4:51 pm

Apply 5 years minus 28 days from the date his partner of settled person visa was granted.
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AmazonianX
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Re: ILR Category and date to apply

Post by AmazonianX » Wed Mar 02, 2022 5:28 pm

MMG11 wrote:
Wed Mar 02, 2022 4:50 pm
On reading posts it's pretty clear I tick 'Partner of a person present and settled in the UK - 5-year route' given he has been here 8 years! Just worrying myself!

Clarity on the issue of date would be much appreciated though. In simple terms can I apply today (he's been here over 8 consecutive years) or do I have to wait until 28 days before his current passport expires which is start of June.

Thanks in advance.
The length of time he Gas being in UK i.e. is not of importance (since it appears you ain't going for ILR LR) so apply as CR001 said with consideration for his spouse visa and presume he is on 5year spouse visa to ILR route.

MMG11
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Re: ILR Category and date to apply

Post by MMG11 » Wed Mar 02, 2022 5:34 pm

CR001 wrote:
Wed Mar 02, 2022 4:51 pm
Apply 5 years minus 28 days from the date his partner of settled person visa was granted.
Thank you for the response. I'm not sure I've been very clear. He has lived in the UK for 8 years so am I correct in thinking I do not have to wait until July 2022 to apply (that would be 28 days before his current Visa expires). I have the full Set(M) application completed along with all supporting documents.

Again, thanks for taking the time to respond.

MMG11
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Re: ILR Category and date to apply

Post by MMG11 » Wed Mar 02, 2022 5:34 pm

CR001 wrote:
Wed Mar 02, 2022 4:51 pm
Apply 5 years minus 28 days from the date his partner of settled person visa was granted.
Thank you for the response. I'm not sure I've been very clear. He has lived in the UK for 8 years so am I correct in thinking I do not have to wait until July 2022 to apply (that would be 28 days before his current Visa expires). I have the full Set(M) application completed along with all supporting documents.

Again, thanks for taking the time to respond.

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Re: ILR Category and date to apply

Post by CR001 » Wed Mar 02, 2022 5:35 pm

What exact date was the partner visa granted/approved/issued if applied for within the uk?

How long he has lived in the UK is irrelevant. He needs 5 years on a qualifying visa route
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

MMG11
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Re: ILR Category and date to apply

Post by MMG11 » Wed Mar 02, 2022 6:25 pm

He did a 5 year Spouse/Partner visa(2015-2020) and then a mess up on our part meant we then applied for an extension to that Spouse/Partner visa and got an additional 2.5 years. So he’s current visa issue is July 2020 but has been on a Spouse visa since 2015.

Thanks

MMG11
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Re: ILR Category and date to apply

Post by MMG11 » Wed Mar 02, 2022 6:40 pm

I meant to include his initial visa was a 5 year spouse visa and the extension was FLR(m).

Thanks

AmazonianX
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Re: ILR Category and date to apply

Post by AmazonianX » Wed Mar 02, 2022 6:59 pm

MMG11 wrote:
Wed Mar 02, 2022 6:40 pm
I meant to include his initial visa was a 5 year spouse visa and the extension was FLR(m).

Thanks
That's clear now, yes he can submit his application at any time.

MMG11
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Re: ILR Category and date to apply

Post by MMG11 » Wed Mar 02, 2022 7:16 pm

Thank you very much for helping the nerves with this one. Appreciate it very much :D

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