ILR application - absence before entering the UK

[Aarav086]

Hi everyone

I couldn’t find a post dealing with this, and not sure if I’m overthinking it after pouring over dates but I understand that the time between receiving my initial BRP and entering the U.K. can be treated as an absence provided it doesn’t exceed 180 days. However do you have to enter this in the form? The form requires you to complete both a date for when you entered the non-UK country and when you left it. However because this absence is before relocating to the UK, I don’t have a date for when I entered the country.

Please can you let me know if i meant to include this absence prior to entering the U.K.?

BRP issued: 16 July 2020 / Vignette issue date: 23 July 2020 / Entered UK: 27 August 2020

[zimba]

Are you under the spouse/family visa ??

[Aarav086]

Yup 5 year spouse visa application

[zimba]

Then your understanding is incorrect. There are no absence limits under family route at all and your 5-year qualifying period starts only from the first date of entry to the UK. What you mentioned above is relevant only for the dependants of work related routes and NOT the family/spouse visa holders under Appendix FM

Your earliest date of ILR eligibility when you can be granted ILR is on or after (27 August 2020 + 5 years - 28 days)

[Aarav086]

I had thought that when applying for ILR as a spouse of a British citizen or settled person, the Home Office does count up to 90 days before your actual entry into the UK?

Based on this guidance from the “Family Policy: Indefinite leave to remain” section, which states:

“Where the applicant was granted entry clearance and entered the UK within 3 months of the start date of that leave, the period of leave from the start date of the visa can be counted towards the qualifying period for settlement.”

[zimba]

No. Which guide you are referring to ?? Such a guide does not exist as far as I know