ILR for Spouse of a British Citizen and Residency Requirements

[TurnipMan]

Hi all,

Just a little lost regarding the 5 year residency requirement towards applying for ILR as spouse of British Citizen.

I was granted Entry Clearance as Spouse of British Citizen on 28/11/13.
Due to work commitments and wrapping things up in home country I did not enter UK till 26/05/2014.
That is just under 180 days.

So not sure when my 5 years are up till I can apply for ILR, given https://assets.publishing.service.gov.u ... 6.0EXT.PDF suggests that the time from date of issue of Entry Clearance can be counted towards ILR residency requirements. But at the same time this document seems to be directed to PBS Dependents and I cannot find similar details for Spouse of British Citizen applications.

Suggestions to when I can apply for ILR will be appreciated, as I don't want to apply for an extension in the middle for 3 months or so otherwise

Thank you!

[CR001]

Your residence clock starts from the date you ENTERED the UK.

If you have a shortfall to reach 5 years, you will need to apply for an extension.

[secret.simon]

Your residence clock starts from the date you ENTERED the UK.

If you have a shortfall to reach 5 years, you will need to apply for an extension.

CR001's advice is correct.

I was in a similar situation. I entered the UK just under six months after I got the visa. I complained to my MP and the Home Office at the time that given that I was allowed under the Rules to enter the UK six months after visa start date, the gap should be excused. The answer was a polite No from both. I had to get a further extension and then ILR.

[TurnipMan]

Thank you secret.simon and CR001 for the responses and especially secret.simon for the details around his case. That is a reassuring answer in terms of a plan to follow on my part. I will just renew on FLR(M) when times comes to keep things simple.

Thank you!

[TurnipMan]

Hi all, I hope someone can help me with this question.

Here is a summary of events as to where things stand:
- I was granted Entry Clearance from Pakistan as Spouse of British Citizen valid from 28-Nov-2013.
- Due to personal circumstances and wrapping things up in Pakistan, I did not enter UK till 26-May-2014.
- I had an extension towards this Entry Clearance in August, 2016. I received a BRP which is valid till 28-Feb-2019.

My question is can I apply for an extension of visa even tomorrow as it is impacting me getting a mortgage and travel (work in European countries) given it is less than six months left on my current visa. I have already been in the country for well over 30 months and actually should be able to apply for ILR on or after 26th April 2019. Just short of 3 months from ILR. Hence, even extension asap is more helpful as its causing more issues given that I won't be even using the complete 2.5 year period from this extension.

Thank you in advance for anyone who helps with a reply

[vinny]

Posts merged.

[vinny]

My question is can I apply for an extension of visa even tomorrow

Yes. There are no restrictions on early extensions under D-LTRP.