ILR Qualifying Period

[tonyc]

Pending ILR application and Covid 19

My wife and two children ages ( 11 and 8 ) are all British Citizens.
I applied for a spousal visa in 2020 and the first BRP states date of Issue 30/10/2020
I entered the UK on 20/1/2021 ( 82 days later ) as it was during the pandemic and we self isolated before collecting the BRP. We returned to South Africa on 9/2/2021 to finalise selling of possessions
etc . We planned to return to UK with our children but Covid 19 got in the way with banned flights from South Africa and introduction of Hotel quarantine. We did not want to violate the 180 day rule for absences so we returned to UK on 23/05/2021 and did hotel quarantine but I see that this amounts to 103 days. The second BRP ( e-Visa ) expires on 8/2/2026 . According to the ILR calculator the earliest date we could apply for ILR would be 1/10/2025 but if we apply on that date there would be a 185 days absence from 30/10/2020 for a twelve month period. As we are unsure what will happen later on this year after the white paper of 12/05/2025 and impending changes we are trying to establish the earliest date for submission to avoid the 180 day rule if that was possible.

[CR001]

There is no 180 day absence for a spouse visa holders.

That rule applies to a completely different visa category under work visa routes.

[tonyc]

Thanks for that information - thats a relief

I was told that the 5 year period started from your date of arrival in UK
The first BRP stated date of issue 30/10/2020 but i only collected it 82 days later on 20/1/2021
Can I use the date of issue as the start date of the 5 year period even though i was not present in the UK on that date . IF yes then I could apply for ILR on 1/10/2021 (28 days before 30/10/2025 ) . I believe that if successful on ILR I could apply for British Citizenship 1 day after obtaining ILR as I am married to a British Citizen. Not sure if the 1 day still applies or has anything changed that prevents me from doing that.

[CR001]

Your qualifying period starts from the date you entered the uk only.

Please ask citizenship question in rhe British citizenship sub forum.

[tonyc]

Hi

I am trying to establish the date when I can apply for ILR under the following conditions

30/10/2020 - Letter received from UKVI for leave to enter on spousal visa
Granted leave to enter as Partner (Standard) from 03/11/2020 until 03/08/2023 ( 33 Months )

Arrived in UK on 20/01/2021 to collect BRP (Collected late During Covid Period as difficult to travel )

Initial BRP valid from 03/11/2020 until 03/08/2023 ( 33 Months )

Extension FLR(M) Granted from 03/08/23 until 08/02/2026 ( 30 Months )

On some immigration sites it states

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.
Can you please advise if that means that I can apply 28 days before 03/11/2025 and qualify for the 5 year residence requirement even if I apply for the priority service and a decision is made after 5 days from 07/10/2025

[CR001]

Your qualifying period starts from the date you entered the uk and not your initial visa issue date.

You can apply no sooner than 20 Jan 2026 minus 28 day.

You were given the same advice in May when you asked.

[tonyc]

Thanks for that

Only asking again as immigration lawyer advised

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.

I take it that you are advising that he is incorrect

[CR001]

The advice is incorrect for your visa route.

The advice applies to a completely different visa category, ie Skilled Worker route and dependents.

[tonyc]

OK Thanks for the correct advice
Just one more question

If I apply for priority service 28 days before 20/01/2026 and get a decision 5 days later then time from Date of arrival to decision date is less than 5 years

Will that have an impact

[CR001]

Unlikely you would get the biometrics appointment slot on the same day you apply online.

Also, 5 days priority service is NOT available for your visa route. You only have the option of Standard Service or Super Priority.

The 28 day concession allows you to apply within 28 days before reaching 5 years.

You are overthinking!!

[tonyc]

Thanks

Can you please tell me the amount of cash you have to have in the bank for 6 months to satisfy the financial requirement for an ILR application ( There are no children involved)

[CR001]

Salary or savings? They amounts differ.

Salary you need to prove you earn a minimum of £18,600pa with 6 months evidence of payslips and bank statements.

Savings is calculated differently, see page 24 in Appendix 1.7

https://www.google.com/search?q=appendi ... s-wiz-serp

[zimba]

You can use a value equal or greater than (cash saving amount - £16,000) towards your ILR. In your case, the min cash saving amount is £34,600
Savings must be held in cash in a personal bank / savings account in the name of the applicant, their partner or the couple jointly where that balance should be held for at least 6 months.

You can read the official guide as it has all the information you need: https://assets.publishing.service.gov.u ... nt__1_.pdf

[tonyc]

Applying for IRL on SET(M) in Dec this year

Date of Arrival in UK was 20/01/2021
5 years will be up on 20/01/2026
Intend to submit application for ILR on 27 /12/2025 and apply for super priority if available

When completing the application form it asks

How long have you lived in the UK

Do I put 4 YRS and 11 Months or must I put 5 years
Just concerned if i put 4 YRS and 11 months ( which is correct for applying on 27/12/2025 ) that someone rejects the application for not being resident for 5 years

Just a bit nervous as our first application for a spousal visa was rejected but accepted the next day after a complaint to UKVI was raised due to a caseworker not applying the correct rules

[zimba]

The answers on the form do not matter and are not used to determine eligibility.
The date of application also is not that relevant.

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