When to apply ILR 5 year route Marraige

[steve777r]

My Wife came here on 25th of January 2012 under the 5 year marriage route. Does she need to wait until she has fully completed 5 years in the country to apply ILR or can she apply 28 days in advance as per the old system?


Thanks Steve

[CR001]

25th of January 2012

If she got her visa before 9th July 2012, as your post suggests, she is on the 2 year route and could have applied for ILR 3 years ago.

as per the old system

Not sure what you are implying, there is no 'old system'. Nothing has changed in regards to the 28 days before concession.

[steve777r]

Sorry I meant 2013, her Visa was issued December 2012 and she came her in Jan 2013 so she is on 5 year route. By old rules I was referring to 2 year route.

Just found this in guidance notes so it does appear applying 28 days before 5 years is allowed?

5. When To ApplyYou and any children under 18 who are applying with you should apply before the end ofyour/their permitted stay in the UK when you are nearing completion of the qualifying periodrequired by the Immigration Rules.Please do not apply more than 28 days before completing that period. If you apply earlierthan that, your application may be refused. If that happens, we will not refund the fee andyou will have to pay again when reapplying.For visa holders only. If, after receiving your visa, you delayed your journey such that youwill reach the “valid until” date on your visa before completing 24 months/60 months in theUK, you may need to apply for an extension of stay to complete the 24 month/60-monthperiod before applying for indefinite leave to remain on form SET(M). An application for anextension of stay must be made on form FLR(M) or FLR(FP).

Is this still the same if using premium service?

Thanks

[CR001]

Yes, still the same. As I said, nothing has changed regarding the 28 day concession.