5 years for indefinite - from when?

b1234567 · Post by **b1234567** » Fri Nov 13, 2020 10:38 pm

Hi everyone,

Hope you are well.

My wife finally received a decision on the FLR (M) application we submitted in May 2020. Was a long 6months but here we are.
Today she received her BRP and I noticed her BRP expiry date is May 2023. This has been calculated as 30 months from November 2020.
My query is, does the length of stay on the BRP impact the eligibility for ILR as her 5years would actually work out to be September 2022. So there seems to be a considerable gap between the BRP expiry and the date her 5years occurs. Will this cause problems if I was to apply for ILR at the time is actually works out to be (September 2022) rather than when the BRP expires (May 2023)?

It seems that 30months have been granted from decision date rather than application date, essentially adding the 6/7months we’ve been waiting on the FLR M decision to be made to the BRP.

I hope this kinda makes sense but any advice would be appreciated. I was thinking of emailing the review team to request that the date be from application rather than decision so as not to mess up ILR in the future.

Thanks

Post by **AmazonianX** » Sat Nov 14, 2020 2:59 am

b1234567 wrote: ↑
Fri Nov 13, 2020 10:38 pm
Hi everyone,

Hope you are well.

My wife finally received a decision on the FLR (M) application we submitted in May 2020. Was a long 6months but here we are.
Today she received her BRP and I noticed her BRP expiry date is May 2023. This has been calculated as 30 months from November 2020.
My query is, does the length of stay on the BRP impact the eligibility for ILR as her 5years would actually work out to be September 2022. So there seems to be a considerable gap between the BRP expiry and the date her 5years occurs. Will this cause problems if I was to apply for ILR at the time is actually works out to be (September 2022) rather than when the BRP expires (May 2023)?

It seems that 30months have been granted from decision date rather than application date, essentially adding the 6/7months we’ve been waiting on the FLR M decision to be made to the BRP.

I hope this kinda makes sense but any advice would be appreciated. I was thinking of emailing the review team to request that the date be from application rather than decision so as not to mess up ILR in the future.

Thanks

How would they start validity retroactively on a date or at a time when your application was not reviewed or checked for meeting requirements? It can be argued that since it met the requirements at the end of the day it should start counting from application date but it doesn't work that way.
Be contented that in time application was submitted and hence the legal residence continued as per Section 3C. Therefore for ILR, still count it as 5years OR 60months -28days from time of entry into UK after initial spouse visa was granted.

seagul · Post by **seagul** » Sat Nov 14, 2020 10:02 am

indefinite-leave-to-remain/ilr-qualifyi ... 08674.html

b1234567 · Post by **b1234567** » Sun Nov 15, 2020 10:23 am

Thank you both

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5 years for indefinite - from when?

5 years for indefinite - from when?

Re: 5 years for indefinite - from when?

Re: 5 years for indefinite - from when?

Re: 5 years for indefinite - from when?