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When is the earliest I can apply for ILR ( Spouse)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Konzo1
Member
Posts: 102
Joined: Sun Jun 18, 2017 10:29 pm
Tuvalu

When is the earliest I can apply for ILR ( Spouse)

Post by Konzo1 » Mon Oct 23, 2017 11:11 am

Greetings, Please I would like to know when the earliest date in which one can apply for ILR is.

Spouse visa issued abroad on 28/11/2014 (entry clearance ) for 33 months.
Date of Entry 10/02/2015 < 90 days from entry clearance (74 days)
I spent a total of 22 days out of UK on holidays in the first year of moving to UK.
FLR Expires 20-02-2020

which of the dates below when I am calculating of ILR earliest APPLICATION date

*A*
(using visa issued Data + 5 years )
28/11/2019 - 28 days = 31/10/2019
if I use the above I would have spent 4.9 years in UK less 5 years
or
*B*
(using Data of Entry + 5 years)
10/02/2020 - 28 days = 13/01/2020
if I use the above I would have spent 4.11 years in UK less 5 years
or
*C*
(using flr expiration date )
20/02/2020 - 28 days = 22/01/2020
if I use the above I would have spent 4.11 years in UK less 5 years
or
*D*
apply on 14/02/2020
if I use the above I would have spent 5 years

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CR001
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Re: When is the earliest I can apply for ILR ( Spouse)

Post by CR001 » Mon Oct 23, 2017 11:17 am

*B*
(using Data of Entry + 5 years)
10/02/2020 - 28 days = 13/01/2020
if I use the above I would have spent 4.11 years in UK less 5 years
This one.
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.

Konzo1
Member
Posts: 102
Joined: Sun Jun 18, 2017 10:29 pm
Tuvalu

Re: When is the earliest I can apply for ILR ( Spouse)

Post by Konzo1 » Mon Oct 23, 2017 11:31 am

Thanks but I read below which made me think
*A*
(using visa issued Data + 5 years )
28/11/2019 - 28 days = 31/10/2019

am I wrong?

Period between the issue of entry clearance and entering
the UK
The period between entry clearance being issued and the applicant entering the UK
may be counted toward the qualifying period. Any absences between the date of
issue and entry to the UK are considered an allowable absence. This period will
count towards the 180 days allowable absence in the relevant 12 month period. The
applicant does not need to provide evidence to demonstrate the reason for delayed
entry.
If the delay is more than 180 days, you can only include time after the applicant
entered the UK in the continuous period calculation
.

https://www.gov.uk/government/uploads/s ... -v15.0.pdf

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CR001
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Re: When is the earliest I can apply for ILR ( Spouse)

Post by CR001 » Mon Oct 23, 2017 11:34 am

Yes you are wrong. You are on a spouse settlement visa and NOT on a points based system (PBS) visa! The guidance does not apply to you. Your 5 years residence starts from date of entry to the UK.
Categories covered by this guidance
This section tells you which categories of leave are covered by this guidance.
The following categories are covered by this guidance:
 representative of an overseas business (paragraph 150 of the Immigration
Rules)
 UK ancestry (paragraph 192)
 retired person of independent means (paragraph 269)
 domestic workers in private households (paragraph 159G)
 the following sub-categories of the points-based system:
o Tier 1 (Exceptional talent) (paragraph 245BF)
o Tier 2 (General) (paragraph 245HF)
o Tier 2 (Sportsperson) (paragraph 245HF)
o Tier 2 (Minister of religion) (paragraph 245HG)
o Tier 2 (Intra-company transfers) (ICT) granted under the rules in place
before 6 April 2010 (paragraph 245GF)
o Tier 5 (International agreement) – private servants in diplomatic households
granted entry under rules in place before 6 April 2012 only (paragraph 245
ZS)
It covers the following routes which allow accelerated settlement:
 Tier 1 (Entrepreneur) (paragraph 245DF)
 Tier 1 (Investor) (paragraph 245EF)
It also covers the following categories that are now closed for entry to the UK and
extension of leave:
 airport-based operational staff of overseas-owned airlines (paragraph 184)
 highly-skilled migrant programme (paragraph 135G)
 Tier 1 (General) (paragraph 245CD)
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.

Konzo1
Member
Posts: 102
Joined: Sun Jun 18, 2017 10:29 pm
Tuvalu

Re: When is the earliest I can apply for ILR ( Spouse)

Post by Konzo1 » Mon Oct 23, 2017 11:39 am

Thanks very much for the clarification

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