Spouse 5 year route - ILR app - query on earliest date to apply

[Kj771199]

Hi Fellow experts

I wanted to clarify the earliest date I can apply for ILR for my partner who came to the UK on Partner Visa after getting married to a British Citizen.

1) Date of initial visa - 25th March 2020 till 25th Dec 2022
2) Date of entry into the UK - 12th April 2020 (during lockdown got a seat in one of the evac flights arranged by British Embassy).
3) Current FLR Visa expires 8th May 2025.

Just need to clarify if we should apply for her ILR on which date:
1) 28 days minus date of entry into the UK = 15th March 2025 onwards OR
2) 28 days minus visa start date = 25th Feb 2025 onwards

[CR001]

Option 1, it starts counting from date of entry.

[Kj771199]

Thanks CR001, that’s what I thought as well.

Just to clarify the exact date, will it will 15th March or 16th of March onwards?

[zimba]

When you apply is not that critical: Applicants can benefit from the date of the ILR decision

[Kj771199]

When you apply is not that critical: Applicants can benefit from the date of the ILR decision

Hi Zimba thanks for message, however I am unclear as to in my case how does the information on the thread apply. It isn’t clear on that thread to me. Would you be able to confirm what CR001 highlighted?

[zimba]

You asked about the date you need to apply. I said it is not critical and the date of ILR decision will be taken into account. Not that difficult

[Kj771199]

Even if I apply for a super priority service which is next day?

[Kj771199]

Hi Zimba and CR001

A further query, the guidance also suggests that the time between LTE and Date of entry should be considered an absence within the 180 days requirement, so given my wife entered UK after 18 days of LTE visa date, I can technically apply 28 days prior to the LTE visa date and still qualify maintaining the required continuous residence?

Will be helpful for your comments to clarify this.

[zimba]

Even if I apply for a super priority service which is next day?

Priority service determines how quickly you get your ILR decision AFETR you attend your biometrics appointment. Your application CANNOT be decided unless you enrol your biometrics. Your biometrics appointment could be days or even weeks after you submit your application online. 'Next day decision' does not mean you get a next day decision after you apply online

[zimba]

Hi Zimba and CR001

A further query, the guidance also suggests that the time between LTE and Date of entry should be considered an absence within the 180 days requirement, so given my wife entered UK after 18 days of LTE visa date, I can technically apply 28 days prior to the LTE visa date and still qualify maintaining the required continuous residence?

Will be helpful for your comments to clarify this.

Which guide ?? The family route is different and your qualifying period starts from the first date of entry to the UK as advised !!

[Kj771199]

Page 32 of 44 - Counting the continuous residence period

https://assets.publishing.service.gov.u ... ce__1_.pdf

[CR001]

Page 4 clearly states which visa routes the guide covers. Spouse visa is not one of them on the list!

[Kj771199]

Understood, unable to find the guidance doc for spouse route - 5 years. Would you be able to help where to find it?

[CR001]

Appendix FM