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Can I apply for ILR prior to 5 years?

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Charlotte1234
Newly Registered
Posts: 4
Joined: Wed Mar 28, 2018 7:02 pm
United Kingdom

Can I apply for ILR prior to 5 years?

Post by Charlotte1234 » Wed Mar 28, 2018 7:08 pm

Hello
My husband has almost completed his five years UK residency on a spouse/unmarried partner visa. We want to apply via the same day appointment service, but I am unsure when we can do this.
His initial spouse visa was granted on 15/05/2013. This was then renewed and expires on 15/05/2018.
This means he will only hit 5 years on the date of his visa expiry.
I have read online that it is possible to apply 28 days before, but is this the case for the same day appointments?
Ideally we would book a date a few days before this, just in case there are no appointments available on the 15th when they are released. However, we don't want to apply for an appointment on say, 9th May 2018 for it to be refused because he is 6 days short of his 5 year period.
Does anyone know if it is therefore possible to apply a few days in advance, or must we wait until the 15/05/2018?
Thank you
Charlotte

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Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Can I apply for ILR prior to 5 years?

Post by Casa » Wed Mar 28, 2018 7:42 pm

You can apply 28 days before the expiry date, even if applying in person at the PSC.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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cyclina1
Senior Member
Posts: 924
Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: Can I apply for ILR prior to 5 years?

Post by cyclina1 » Tue Apr 03, 2018 12:00 am

Charlotte1234 wrote:
Wed Mar 28, 2018 7:08 pm
Hello
My husband has almost completed his five years UK residency on a spouse/unmarried partner visa. We want to apply via the same day appointment service, but I am unsure when we can do this.
His initial spouse visa was granted on 15/05/2013. This was then renewed and expires on 15/05/2018.
This means he will only hit 5 years on the date of his visa expiry.
I have read online that it is possible to apply 28 days before, but is this the case for the same day appointments?
Ideally we would book a date a few days before this, just in case there are no appointments available on the 15th when they are released. However, we don't want to apply for an appointment on say, 9th May 2018 for it to be refused because he is 6 days short of his 5 year period.
Does anyone know if it is therefore possible to apply a few days in advance, or must we wait until the 15/05/2018?
Thank you
Charlotte
Casa is correct. No worries.

Charlotte1234
Newly Registered
Posts: 4
Joined: Wed Mar 28, 2018 7:02 pm
United Kingdom

Re: Can I apply for ILR prior to 5 years?

Post by Charlotte1234 » Sun Apr 08, 2018 9:38 am

Thank you both. Appointment booked for 5 May.

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