Clarification on 10 Year ILR Application Timing

[ktty]

Dear Forum Members,

I seek your guidance on my wife's visa situation. Here are the details:

First Visa Application Submission Date: 12/02/2015
Visa Valid From Date: 10/03/2015
Entry to the UK: 25/03/2015
Current Visa Expiry Date: 21/02/2025
Her current visa status is a Spouse Visa.

We are trying to determine which date should be used as the basis for her application. Should it be 12/02/2015 or 10/03/2015?

If we consider 10/03/2015, the earliest application date would be 10/03/2025 minus 28 days, which is 11/02/2025. However, her current visa expires on 21/02/2025. Could this expiry date impact her application?

Your advice on this matter would be greatly appreciated.

Thank you for your assistance.

Kind regards

[zimba]

The lawful residence starts from the first date of entry to the UK. So the earliest date to qualify for ILR is within 28 days of completing the 10 years, which is 25 February 2025. However under the current rules, you can no longer rely on the historical 10 years. So the 10 years will be calculated from the date that is most beneficial to the applicant and backwards This means as long as such date is on or after 25 February 2025 she will be ok. She will apply before visa expiry but may benefit from the date of the ILR decision.

See: Applicants can benefit from the date of the ILR decision

[ktty]

The lawful residence starts from the first date of entry to the UK. So the earliest date to qualify for ILR is within 28 days of completing the 10 years, which is 25 February 2025. However under the current rules, you can no longer rely on the historical 10 years. So the 10 years will be calculated from the date that is most beneficial to the applicant and backwards This means as long as such date is on or after 25 February 2025 she will be ok. She will apply before visa expiry but may benefit from the date of the ILR decision.

See: Applicants can benefit from the date of the ILR decision

Based on what you mentioned, "The lawful residence starts from the first date of entry to the UK. So the earliest date to qualify for ILR is within 28 days of completing the 10 years, which is 25 February 2025." However, my wife's visa expires on 21 February 2025. Can I still submit my application on 21 February 2025?

I'm a bit confused about "However under the current rules, you can no longer rely on the historical 10 years. So the 10 years will be calculated from the date that is most beneficial to the applicant and backwards This means as long as such date is on or after 25 February 2025 she will be ok." Could you please explain this further?

Thanks

[ktty]

Plus, some website mentioned, I could potentially used my wife first visa issue date can be included?

The earliest possible application date for ILR is 28 days before the five-year anniversary of being given leave to enter the UK rather than the date of actual entry to the country. This means the time taken between being issued a visa and coming to the UK is included. However, if this time was more than 90 days then this will not be included and the anniversary date/qualifying period should be based from the date of entry to the UK. You should apply for ILR before your visa expires.

[zimba]

It seems you did not read anything I provided above. Did you understand how section 3C works which makes visa expiry irrelevant ?? Did you read how the lawful residence is calculated?

Plus, some website mentioned, I could potentially used my wife first visa issue date can be included?

The earliest possible application date for ILR is 28 days before the five-year anniversary of being given leave to enter the UK rather than the date of actual entry to the country. This means the time taken between being issued a visa and coming to the UK is included. However, if this time was more than 90 days then this will not be included and the anniversary date/qualifying period should be based from the date of entry to the UK. You should apply for ILR before your visa expires.

I do not know where you got this but it is talking about some 5 year route ???
As I explained, the qualifying period is counted from the date that is most beneficial to the applicant (e.g. date of the ILR decision) and backwards. This is because the rules under long residence do NOT allow you to rely on a historical 10-year accumulated, which means it is pointless to find out the starting point. You rather need to find the endpoint of the qualifying lawful residence period and work your way backwards.