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ILR qualifying period query regarding dependent/spouse (5 year route)

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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rishneo2212
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Joined: Thu Feb 06, 2025 6:40 pm
India

ILR qualifying period query regarding dependent/spouse (5 year route)

Post by rishneo2212 » Thu Feb 06, 2025 6:42 pm

Background details:

Date of first entry in the UK through Spouse visa route: 06 Sep 2020
Note that my first spouse visa was granted in March 2020 (stamped on visa vignette in passport to enter UK and collect BRP). Due to COVID, I only received my passport with first UK entry visa vignette in Sep 2020 and as such travelled to the UK in Sep i.e. after a delay of about 6-7 months from the date of visa granted, due to Covid lockdown and shut down of UK visa operations in Delhi.
Visa type: Dependent spouse visa based on marriage with British citizen
Visa extension: 1st spouse visa extension granted in Aug 2023
Expiry date of current dependent visa: 31 Aug 2025
Total months between first entry and expiry date: 59 months 23 days
Employment: Full time employee and meet the financial threshold requirements.
Absence requirements: I meet the requirement in context of days absent from the UK.

Concern:

The ILR application requirements state that before I can apply for ILR through the 5 years route, I need to have been in the UK for at least 60 months. However, based on my date of first entry and current spouse visa expiry, I will fall short of 7 days to meet the qualifying criteria of 60 months minimum to apply for ILR.

Questions:
1- Given that my visa will expire on 31/08/25, meaning I will be left with 7 less days to be able to apply for ILR through the 5 year route - Does it mean that I need to apply for an extension of the current spouse visa even if only 7 more days are needed to be in the UK? Given there were delays in 2020 due to Covid, is there any exception that UK home office grants in such situations?

2- If I do need to apply for an extension for just 7 days then do I have to pay the NHS IHS fee for those 7 days or will the UKVI require me to pay for the usual 2-3 year visa extension period? I am already worried that it will cost me a lot of money in case I do need to apply for the extension application.

3- Is there anyone who faced a similar situation but found a way to directly apply for ILR without applying for a prior small (7-10 days) extension? Will be great if you can share the approach you took.

Many many thanks!

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CR001
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Re: ILR qualifying period query regarding dependent/spouse (5 year route)

Post by CR001 » Thu Feb 06, 2025 6:53 pm

You can apply for Ilr within 28 days before reaching 5 years from date of entry.
Char (CR001 not Casa)
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