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When can I apply for ILR ? and my husband's visa extension and what visa for my husband

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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bestimagdala
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When can I apply for ILR ? and my husband's visa extension and what visa for my husband

Post by bestimagdala » Mon May 15, 2023 4:07 pm

My husband moved to the UK in July 2022 on Partner Dependent Visa and his visa expires on the 7th of August 2023.
My Skilled worker visa expires on the 7th of October 2023 after which I plan to apply for ILR. I will complete 5 years in the UK on the 26th of September.
I’m aware the earliest I can apply for my ILR is 28 days before I become eligible for it so somewhere around late August/early September
Given my situation, I want to make sure I don’t change my husband's visa and just want to extend it so as not to reset his 5-year time for ILR eligibility.
My question is, if it is possible to apply for an extension for my husband, and if so when should we apply for it tentatively?
Or will my situation force us to change his visa to some other spouse visa and will reset his time in the UK? And that would also mean that he’d have to exit and re-enter only after I get my ILR.
Thanks for taking the time to answer. Really appreciate it!

meself2
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Re: When can I apply for ILR ? and my husband's visa extension and what visa for my husband

Post by meself2 » Mon May 15, 2023 4:57 pm

As long as your last visa was skilled worker visa before ILR, your husband can extend his visa based on that. It'll be a three year extension.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

bestimagdala
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Re: When can I apply for ILR ? and my husband's visa extension and what visa for my husband

Post by bestimagdala » Mon May 15, 2023 6:26 pm

Thanks for your response.

My husband must apply for his extension before 7th August, however, at this point, I wouldn't have become eligible for applying for ILR. I only become eligible for applying on Aug 28th so will he be granted a 3-year extension regardless of how much time is left on my tier 2 visa?

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CR001
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Re: When can I apply for ILR ? and my husband's visa extension and what visa for my husband

Post by CR001 » Mon May 15, 2023 6:54 pm

bestimagdala wrote:
Mon May 15, 2023 6:26 pm
Thanks for your response.

My husband must apply for his extension before 7th August, however, at this point, I wouldn't have become eligible for applying for ILR. I only become eligible for applying on Aug 28th so will he be granted a 3-year extension regardless of how much time is left on my tier 2 visa?
What is the initial visa issue date of your Tier 2 visa?

Why does your husbands visa have a different expiry date? Did you change employers but not apply for your husband at the same time?
Char (CR001 not Casa)
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bestimagdala
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Re: When can I apply for ILR ? and my husband's visa extension and what visa for my husband

Post by bestimagdala » Mon May 15, 2023 8:24 pm

Thanks for your response.

We only got married a year ago. Here is the timeline

The initial issue date of my tier 2 visa is - 20/09/2018
I changed employer in 2020 so I have an updated BRP issued on 30/09/2020 which expires on 07/10/2023

My husband and I got married in Feb 2022 and he moved to the UK on 11 July 2022, Dependant visa was issued on 24/06/2022 which expires on 07/08/2023

I'm not sure why they have issued my husband's visa like that.

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CR001
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Re: When can I apply for ILR ? and my husband's visa extension and what visa for my husband

Post by CR001 » Mon May 15, 2023 8:34 pm

You should have raised the expiry date discrepancy when you got the dependent visa. It should have been rhe same expiry date as your visa. What did rhe email approval say as end date?

Your dependent will only get a 3 year extension if you submit simultaneous applications or if you have ILR already. If he applies before you apply for ILR get a visa with your current visa expiry date.

I would suggest apply for both applications by 7th August latest and delay biometrics for both you till end August early September. Add a cover note to his application referencing you ILR application etc.
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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