# Sticky  When can I apply to renew my visa/apply for ILR?



## nyclon

*Application date is the day you submit your online application.*

If you are here on *family route* (as spouse or unmarried partner), and you entered UK on 33-month visa, then the earliest you can apply to renew your leave on form FLR(M) is on the 30-month anniversary of your UK entry (not from 'valid from' date on your visa, unless you arrived here on the first day of validity), minus 28 days. So for example, if you arrived in UK on your settlement visa on 17th June 2015, you can apply on 17th December 2017 (30-month anniversary), minus 28 days which will be 19th November 2017. So that's the first day you can book your premium service centre appointment for (for same-day service). For *ILR*, you can apply no earlier than 28 days before your 5 year anniversary of arriving in the UK on your spouse/unmarried partner visa. So, if you arrived 17th June 2015, your 5 year anniversay is 17 June 2020 and you can apply 28 days before that.


If you *switched *your leave within UK from fiancé(e) visa or any other non-visit visa (such as Tier 4 student, Tier 5 YMS or Tier 2 General) to leave to remain as spouse/partner on form FLR(M), your leave will be for exactly 30 months so you can renew up to 28 days before its expiry. This is also the case for* ILR* (settlement) application after being in UK for 5 years.


If you wish to renew or extend a *non-settlemen*t visa such as Tier 4 or Tier 2, there is no stipulation about how many days in advance you can apply, but your next leave will be valid from the date of issue, even if you had some days left on your previous visa or leave. Something to bear in mind if you can qualify for* ILR* after a stipulated period of residence, such as Tier 2 General. They usually allow up to 3 months short of prescribed period but naturally you don't want to cut it too finely.


If you renew your visa before the expiry date, the unexpired days of your previous visa *up to 28 days *are usually added to the new leave. Just bear in mind when you come to apply for settlement (indefinite leave to remain), as you will be able to apply some time before the expiry of your visa, i.e. 30 months on your visa, minus up to 28 days. Don't work it from the expiry date.


*Please use this date calculator:*












Date Calculator: Add to or Subtract From a Date – Results


Results of date calculator - which will allow you to add or subtract days, hours and minutes from a date.












www.timeanddate.com


*The last day you can apply is your visa expiration date.*

DUE TO A MODERATION ERROR, I HAVE HAD TO REDO THIS STICKY. HOPEFULLY IT WON'T SPREAD TO 28 OR MORE PAGES LIKE THE LAST ONE.


----------



## juliamay9

Dear Nyclon

I could not find in the government immigration rules the 28 days term for visa application . 
Could you please provide the 
GOV.uk link which where is says that you can apply for settlement up to 28 days before you will reach the end of the qualifying period . 
Many thanks 


Sent from my iPhone using Tapatalk


----------



## psykoerik

Yup change the sticky!
Wheres my previous post?! Was asking the same thing ...you apply your visa 28 days before you'll FAIL your application!

<snip>


----------



## clever-octopus

Tough crowd.

For work/ancestry visa holders, see "Calculating the Continuous Residence Period" Immigration Rules Appendix Continuous Residence - Immigration Rules - Guidance - GOV.UK
Also on page 10 of the published guidance: https://assets.publishing.service.g...45/calculating-continuous-period-v22.0ext.pdf

For spouse visa holders applying for SET(M), see page 5 under "When to Apply": https://www.legalally.co.uk/wp-cont...igration/Settlement/SET(M) Guidance Notes.pdf (this isn't published on gov.uk anymore but it's still an official document)


----------



## juliamay9

Thank you


----------



## clever-octopus

If you seriously require further documentation, pay for a consultation with an immigration solicitor.


----------



## juliamay9

Thank you 


Sent from my iPhone using Tapatalk


----------



## Benpo

Thanks for this clever octopus. Any idea why my wife appears to have 32 months on her most recent BRP?


----------



## Crawford

Benpo said:


> Thanks for this clever octopus. Any idea why my wife appears to have 32 months on her most recent BRP?


Why worry? As long as she has 5 years (60 months) at time of ILR that's all that matters.


----------



## Benpo

Crawford said:


> Why worry? As long as she has 5 years (60 months) at time of ILR that's all that matters.


I’m confused because it contradicts what the guidance says and we want to be 100% sure we’re applying at the right time. 

She came here on a fiancée visa so it seems we can apply 28 days prior to the expiry of her BRP. That seems further away than it should be and we want to apply ASAP.


----------



## Crawford

Benpo said:


> I’m confused because it contradicts what the guidance says and we want to be 100% sure we’re applying at the right time.
> 
> She came here on a fiancée visa so it seems we can apply 28 days prior to the expiry of her BRP. That seems further away than it should be and we want to apply ASAP.


Time spent as fiance does not count.
What were the dates of her first spouse visa (from when to when)
What were the dates of her second visa (from when to when)


----------



## Benpo

Crawford said:


> Time spent as fiance does not count.
> What were the dates of her first spouse visa (from when to when)
> What were the dates of her second visa (from when to when)


First one was early August 2016 to early March 2019

Second one was updated with a name change so can’t check the start date (assume it’s when the first expired), it expires end of October 2021


----------



## Crawford

Benpo said:


> First one was early August 2016 to early March 2019
> 
> Second one was updated with a name change so can’t check the start date (assume it’s when the first expired), it expires end of October 2021


So you apply up to 28 days prior to expiration of this second visa.


----------



## Benpo

Crawford said:


> So you apply up to 28 days prior to expiration of this second visa.


Thanks. Out of curiosity, any idea why the two FLR(M) visas seem to have lasted beyond 60 weeks in total?


----------



## Ticklefish

Hello, I've read the above and the linked guidance but still have questions. Could you assist?

I'm on an Ancestral Visa, applying for ILR with my husband as dependent. 
Our BRP visa was issued 30 May 2016 and is valid until 13 June 2021.

We arrived in the UK 5 July 2016 so will physically have been in the UK 5 yrs only on 5 July 2021 (visa expires 13 June 2021)

But the guidance linked above says that any delay between issue of visa and entry into UK can be counted in the qualifying period and falls under the 180 allowable days absence per 12 month period. If we count these days we reach our 5 yr qualifying period on 30 May 2021.

Do we apply 28 days before:
*5 July 2021* - the point at which we've physically been in UK for 5 yrs? 1 week between application and visa expiry means our visa will expire before we receive an answer. 
*30 May 2021* - counting the 38 day delay between issue of visa and entry into UK as part of our qualifying period?
Or 
*13 June 2021* - when visa expires?

My logic tells me its either Option 1 or 2 (mainly Option 2, based on the guidance), but the posts above that talk about 28 days prior to expiry of visa have confused me. 

thanks in advance


----------



## clever-octopus

Option 2. You can apply 28 days before completing your 5 year qualifying residence period which began on 30 May 2016


----------



## PJFH2021

nyclon said:


> *Application date is the day you submit your online application.*
> 
> If you are here on *family route* (as spouse or unmarried partner), and you entered UK on 33-month visa, then the earliest you can apply to renew your leave on form FLR(M) is on the 30-month anniversary of your UK entry (not from 'valid from' date on your visa, unless you arrived here on the first day of validity), minus 28 days. So for example, if you arrived in UK on your settlement visa on 17th June 2015, you can apply on 17th December 2017 (30-month anniversary), minus 28 days which will be 19th November 2017. So that's the first day you can book your premium service centre appointment for (for same-day service). For *ILR*, you can apply no earlier than 28 days before your 5 year anniversary of arriving in the UK on your spouse/unmarried partner visa. So, if you arrived 17th June 2015, your 5 year anniversay is 17 June 2020 and you can apply 28 days before that.
> 
> 
> If you *switched *your leave within UK from fiancé(e) visa or any other non-visit visa (such as Tier 4 student, Tier 5 YMS or Tier 2 General) to leave to remain as spouse/partner on form FLR(M), your leave will be for exactly 30 months so you can renew up to 28 days before its expiry. This is also the case for* ILR* (settlement) application after being in UK for 5 years.
> 
> 
> If you wish to renew or extend a *non-settlemen*t visa such as Tier 4 or Tier 2, there is no stipulation about how many days in advance you can apply, but your next leave will be valid from the date of issue, even if you had some days left on your previous visa or leave. Something to bear in mind if you can qualify for* ILR* after a stipulated period of residence, such as Tier 2 General. They usually allow up to 3 months short of prescribed period but naturally you don't want to cut it too finely.
> 
> 
> If you renew your visa before the expiry date, the unexpired days of your previous visa *up to 28 days *are usually added to the new leave. Just bear in mind when you come to apply for settlement (indefinite leave to remain), as you will be able to apply some time before the expiry of your visa, i.e. 30 months on your visa, minus up to 28 days. Don't work it from the expiry date.
> 
> 
> *Please use this date calculator:*
> 
> 
> View attachment 98927
> 
> 
> 
> Date Calculator: Add to or Subtract From a Date – Results
> 
> 
> Results of date calculator - which will allow you to add or subtract days, hours and minutes from a date.
> 
> 
> View attachment 98926
> 
> 
> 
> www.timeanddate.com
> 
> 
> *The last day you can apply is your visa expiration date.*
> 
> DUE TO A MODERATION ERROR, I HAVE HAD TO REDO THIS STICKY. HOPEFULLY IT WON'T SPREAD TO 28 OR MORE PAGES LIKE THE LAST ONE.


I remain a little confused about our particular dates if anyone can help. My wife's BRP has a date an issue date on 21-12-2018, and an expiry date of 19-07-2021. 30 Months and 29 days after the issue date (according to the calculator supplied above). This was a first Spouse visa converted from a student visa (she is USA citizen). Is the expiry date on the BRP the date from which we should count back to get our 28 day application period, or should we do it from a 30 month count from the issue date? From what I read above, she shouldn't have been granted more than 30 months as it was from a student visa to the spousal one? Thanks!


----------



## clever-octopus

Expiry dates don't matter. The qualifying 5-year residence period starts from the issue date of her first spouse visa BRP.


----------



## PJFH2021

clever-octopus said:


> Expiry dates don't matter. The qualifying 5-year residence period starts from the issue date of her first spouse visa BRP.


Thanks clever-octopus, your knowledge is appreciated as always!! 

Understood on _5-year residence period count_. In terms of the _extension application_ (coming up soon), do we go by the expiry date on the BRP, or a 30 month count from the issue date? The difference is 29 days, so it is quite significant...Thank you in advance for advice


----------



## clever-octopus

It's the same date for both. You start counting your 30 months from the date she was issued leave to remain as a spouse.

Eligibility for Further Leave or Indefinite Leave comes from the *length of time you've lived in the UK under your current visa route* at the time you submit an application, it doesn't have anything to do with how much time you have left on your visa. For this reason, you ALWAYS count upward from the relevant start date (and then back 28 days). You do not count backward from BRP visa expiry dates, ever.


----------



## PJFH2021

clever-octopus said:


> It's the same date for both. You start counting your 30 months from the date she was issued leave to remain as a spouse.
> You ALWAYS count upward from the relevant start date (and then back 28 days). You do not count backward from BRP visa expiry dates, ever.


Ok thanks again! Count up and then back!


----------



## 2getheratlast

Please don't be mad that I am asking a similar question. My spouse will have been with me for 5 years in September 2021 (arrived Sept 2016) and BRP was issued August 2016. We travelled on holiday for 3 weeks in 2018 for our anniversary and again for 4 weeks in 2019 due to family emergency. Should we apply for ILM Oct/Nov to cover time outside the UK? His visa expiries in Jan 22, according to the current BRP. Also is there any penalties for applying after the 60 months?


----------



## clever-octopus

She didn't stop living in the UK when she went on holiday. Time spent abroad temporarily isn't subtracted from the 60 months of residence.
You can apply after the 60 months - The window in which you need to apply is 28 days before meeting the 60-month residence period until the date the BRP expires.


----------



## 2getheratlast

Again, thank you Clever-octopus for your response, much appreciated.


----------



## Ranjith1704

Hi All,

Can you please help me to understand the advantages of applying earlier (apart from personal convenience) ? I have validity on my current spouse visa until 25/03/2022. so would it make any difference if I wait till march ?.

Also one more query please, My BRP start date was 24/06/2019 but I reached UK on 13/07/2019 on my spouse visa. I had to travel abroad on 28/07/2019 to settle my job/Project related activities . After completing my project activities, I returned back to UK on 04/11/2019 and have been in UK until now. Can you comment should I be required to provide all the job related proofs to convince why I have stayed away even though it as less than 180 days allowed limit?

Thanking you in advance,
Ranjith


----------



## yurkins

This link might be very useful for everyone as it calculates your own dates so that you know when it's the earliest you can apply.
<snip>

However, every single web-site and even different solicitors give a different advice on when to apply. That's why it's so crucial to find a legal document explaining the calculation period on gov.uk related to family route visas. I've spent hours and hours trying to find something particular about SET(M) ILR and up-to-dated, but I couldn't.

The link I attached claims you can apply 60 month (minus 28 days) after your very first family route has been released, not the date you first entered the uk (unless it breaches 180 days period of absence).

I am wondering if someone actually applied for their family ILR 28 days before they reach 5 years qualifying period, which is counted from the date written on your vignette (Family/Spouse/partner leave to enter visa) ?


----------



## Ravy88

My 1st UK arrival date is 17th August 2016 on spouse visa.

(17th August 2021) 5 years from arrival date MINUS 28 days = ???

On what day will I qualify to apply for ILR ( submit the online application ) ?

Many thanks.


----------



## nyclon

Ravy88 said:


> My 1st UK arrival date is 17th August 2016 on spouse visa.
> 
> (17th August 2021) 5 years from arrival date MINUS 28 days = ???
> 
> On what day will I qualify to apply for ILR ( submit the online application ) ?
> 
> Many thanks.



Read the 1st post in the sticky which explains exactly when you can apply and there is a calculator.


----------



## nyclon

yurkins said:


> This link might be very useful for everyone as it calculates your own dates so that you know when it's the earliest you can apply.
> <snip>
> 
> However, every single web-site and even different solicitors give a different advice on when to apply. That's why it's so crucial to find a legal document explaining the calculation period on gov.uk related to family route visas. I've spent hours and hours trying to find something particular about SET(M) ILR and up-to-dated, but I couldn't.
> 
> The link I attached claims you can apply 60 month (minus 28 days) after your very first family route has been released, not the date you first entered the uk (unless it breaches 180 days period of absence).
> 
> I am wondering if someone actually applied for their family ILR 28 days before they reach 5 years qualifying period, which is counted from the date written on your vignette (Family/Spouse/partner leave to enter visa) ?



Have you read the whole thread?

I'll post the link that clever-octopus provided again:



https://www.legalally.co.uk/wp-content/uploads/forms/Immigration/Settlement/SET%28M%29%20Guidance%20Notes.pdf



It clearly explains what the qualifiying period is and when you can apply.


----------



## Ravy88

Thanks @nyclon 

I qualify to apply from 21st July 2021 onwards 

cheers


----------



## yurkins

Ravy88 said:


> Thanks @nyclon
> 
> I qualify to apply from 21st July 2021 onwards
> 
> cheers


Have you successfully applied yet as it was planned earlier (28 days before your qualifying period)?
I contacted immigration barristers.
Here’s the reply I got.


----------



## Ravy88

yurkins said:


> Have you successfully applied yet as it was planned earlier (28 days before your qualifying period)?
> I contacted immigration barristers.
> Here’s the reply I got.
> View attachment 99949


@Crawford @nyclon @Joppa 

Kindly share your thoughts on this 60 months stay completion please !

because, I intend to submit my online application on 24th July ( I arrived in UK on 17th Aug, 2016 )
it will be within 28 days prior to 60 months stay completion.



Thank you.


----------



## nyclon

Ravy88 said:


> @Crawford @nyclon @Joppa
> 
> Kindly share your thoughts on this 60 months stay completion please !
> 
> because, I intend to submit my online application on 24th July ( I arrived in UK on 17th Aug, 2016 )
> it will be within 28 days prior to 60 months stay completion.
> 
> 
> 
> Thank you.


As already advised, read the 1st post and use the calculator. If you meet that criteria, then you are ready to apply.


----------



## yurkins

Ravy88 said:


> @Crawford @nyclon @Joppa
> 
> Kindly share your thoughts on this 60 months stay completion please !
> 
> because, I intend to submit my online application on 24th July ( I arrived in UK on 17th Aug, 2016 )
> it will be within 28 days prior to 60 months stay completion.


I entered the country on the 9th of August 2016.
Same as you, I was gonna apply now.
However, I decided to wait until the date due to the advice given by the immigration barristers - just in case.
My friend, who obtained her family visa in the U.K. had 30 months of leave to remain + 30 months leave to remain and thus she could apply 28 days earlier prior the visa expiration date.
In my case, I got my leave to enter visa for 33 months (applying from abroad) + leave to remain for 30 months as an extension here. So I guess I should wait until at least 60 months. God knows…


----------



## Ravy88

yurkins said:


> I entered the country on the 9th of August 2016.
> Same as you, I was gonna apply now.
> However, I decided to wait until the date due to the advice given by the immigration barristers - just in case.
> My friend, who obtained her family visa in the U.K. had 30 months of leave to remain + 30 months leave to remain and thus she could apply 28 days earlier prior the visa expiration date.
> In my case, I got my leave to enter visa for 33 months (applying from abroad) + leave to remain for 30 months as an extension here. So I guess I should wait until at least 60 months. God knows…


Hi @yurkins
And, I have found another solicitor, who says,,, 

<snip>


----------



## Ravy88

nyclon said:


> As already advised, read the 1st post and use the calculator. If you meet that criteria, then you are ready to apply.


Thanks @nyclon 

I will proceed to submit within 28 days prior to 5 years completion from my arrival date.

Cheers


----------



## nyclon

Please read the 1st post in the sticky. It’s very clear.


----------



## suresh4frens

Hello All,
I read all the above discussion but still, it doesn't clarify few things for me hence posting again, apologies if you found this a repetition but I am sure it isn't

Question 1:
*Newborn child situation*
We are expecting a baby in Feb 2022 and I will be applying for ILR in June 2022(Tier 2 general route).
Do I need to apply for a dependant child visa first before adding him/her to my ILR application? or can I directly add him/her to the ILR application assuming I will only have a birth certificate and probably a baby passport?

Question 2: 
*Which one of these dates should I consider for a 5-year completion date if I want to apply ILR along with my partner?* My guess its my partner arrival date so i can apply on 22-7-2022 minus 28 days
BRP Issue date: 26-06-2017
UK entry clearance validity: 1-7-2017 to 31-7-2017
Arrived in UK on: 09-7-2017
My partner arrived in UK on: 22-7-2017
BRP expiry date: 04-08-2022

I assume we should consider the clause "_The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period_" in
*Indefinite leave to remain: calculating continuous period in UK*
https://www.gov.uk › ... › Settlement


----------



## Gayaguru

My BRP going to expire on 03/08/2022, so when I will start my flr m online application? Please help me.
Thank you


----------



## Crawford

f you are here on *family route* (as spouse or unmarried partner), and you entered UK on 33-month visa, then the earliest you can apply to renew your leave on form FLR(M) is on the 30-month anniversary of your UK entry (not from 'valid from' date on your visa, unless you arrived here on the first day of validity), minus 28 days. So for example, if you arrived in UK on your settlement visa on 17th June 2015, you can apply on 17th December 2017 (30-month anniversary), minus 28 days which will be 19th November 2017. So that's the first day you can book your premium service centre appointment for (for same-day service)


----------



## nyclon

Gayaguru said:


> My BRP going to expire on 03/08/2022, so when I will start my flr m online application? Please help me.
> Thank you


Please read the 1st post in the sticky and use the date calculator to determine the earliest date you can apply.


----------



## Gayaguru

Thank you for your reply. I arrived in UK 13/11/2019, My BRP expires 03/08/2022, can I apply my FLR M visa on 08/07/2022 (BRP method) please help me if anyone know???
Thank you


----------



## suresh4frens

suresh4frens said:


> Hello All,
> I read all the above discussion but still, it doesn't clarify few things for me hence posting again, apologies if you found this a repetition but I am sure it isn't
> 
> Question 1:
> *Newborn child situation*
> We are expecting a baby in Feb 2022 and I will be applying for ILR in June 2022(Tier 2 general route).
> Do I need to apply for a dependant child visa first before adding him/her to my ILR application? or can I directly add him/her to the ILR application assuming I will only have a birth certificate and probably a baby passport?
> 
> Question 2:
> *Which one of these dates should I consider for a 5-year completion date if I want to apply ILR along with my partner?* My guess its my partner arrival date so i can apply on 22-7-2022 minus 28 days
> BRP Issue date: 26-06-2017
> UK entry clearance validity: 1-7-2017 to 31-7-2017
> Arrived in UK on: 09-7-2017
> My partner arrived in UK on: 22-7-2017
> BRP expiry date: 04-08-2022
> 
> I assume we should consider the clause "_The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period_" in
> *Indefinite leave to remain: calculating continuous period in UK*
> https://www.gov.uk › ... › Settlement



Replying to my own question after reading the government documentation. hopefully, it will help others.

Answer 1: There is no legal requirement to apply for a dependant visa for a newborn child immediately in UK unless we want to travel out and come back to UK. The child application can be included in the next visa renewal/ILR application of the parents.

Answer 2: Unfortunately, the first post in the sticky doesn't cover the clause i stated above which is really important. I request moderators to include this in your calculations. "_The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period_". So I can apply on 01-07-22 minus 28 days onwards.


----------



## Alphaalex

Hi

My wife came to the UK on 12/12/2016 with spouse visa and her 1st BRP was valid from 28/11/2016.

She will be in UK for 5 years on 12/12/2021 and her her visa in BRP will expired on March 2022.

Can you kindly advise when is earliest date she can apply for her ILR?

Much appreciated 🙏


----------



## flammable999

Alphaalex said:


> Hi
> 
> My wife came to the UK on 12/12/2016 with spouse visa and her 1st BRP was valid from 28/11/2016.
> 
> She will be in UK for 5 years on 12/12/2021 and her her visa in BRP will expired on March 2022.
> 
> Can you kindly advise when is earliest date she can apply for her ILR?
> 
> Much appreciated 🙏


About ten days ago.


----------



## nyclon

Alphaalex said:


> Hi
> 
> My wife came to the UK on 12/12/2016 with spouse visa and her 1st BRP was valid from 28/11/2016.
> 
> She will be in UK for 5 years on 12/12/2021 and her her visa in BRP will expired on March 2022.
> 
> Can you kindly advise when is earliest date she can apply for her ILR?
> 
> Much appreciated 🙏


Please read the 1st post in the sticky.


----------



## Marianvday

Hi. I hope someone can help me. I came here on a fiancé visa. Here’s my timeline:

Fiancé visa and UK entry date: 01 September 2016
1st FLR(M): 17 March 2017
Expiry date: 14 October 2019
2nd FLR(M) 31 October 2019
Expiry date: 27 May 2022

When can I apply the soonest? Thank you!


----------



## Crawford

For *ILR*, you can apply no earlier than 28 days before your 5 year anniversary of arriving in the UK on your spouse/unmarried partner visa. So, if you arrived 17th June 2015, your 5 year anniversary is 17 June 2020 and you can apply 28 days before that.


----------



## Marianvday

Crawford said:


> For *ILR*, you can apply no earlier than 28 days before your 5 year anniversary of arriving in the UK on your spouse/unmarried partner visa. So, if you arrived 17th June 2015, your 5 year anniversary is 17 June 2020 and you can apply 28 days before that.


Thank you for the reply. So I can apply no earlier than 28 days before 17 March 2022? As that is my 1st FLR(M). I came here on a fiancé visa on 01 September 2016.


----------



## clever-octopus

Yes. You an apply any time from yesterday until the date your visa expires.


----------



## Marianvday

clever-octopus said:


> Yes. You an apply any time from yesterday until the date your visa expires.


Thank you for the replies! So it is 28 days before my 5th anniversary which is 17th March 2022. The expiry date of my BRP is irrelevant? And this won’t cause an issue not completing the full 60 months? Thank you.


----------



## Marianvday

Also do I put my arrival date as 01 September 2016 as I arrived here on a fiancée visa? And the total amount of time I lived here would be 5 years and 5 months? Many thanks.


----------



## Crawford

Marianvday said:


> Also do I put my arrival date as 01 September 2016 as I arrived here on a fiancée visa? And the total amount of time I lived here would be 5 years and 5 months? Many thanks.


Your time on fiancee visa does not count. It's time on spouse visa


----------



## Marianvday

Crawford said:


> Your time on fiancee visa does not count. It's time on spouse visa


Thank you! What should I put as my total time living here in the UK on the application form online? From my fiancée visa or spouse visa? And my date of arrival? Is it 01 September 2016 or the my first FLR(M)?


----------



## Marianvday

Alphaalex said:


> Hi
> 
> My wife came to the UK on 12/12/2016 with spouse visa and her 1st BRP was valid from 28/11/2016.
> 
> She will be in UK for 5 years on 12/12/2021 and her her visa in BRP will expired on March 2022.
> 
> Can you kindly advise when is earliest date she can apply for her ILR?
> 
> Much appreciated 🙏


Hello. Did you apply before her 5th year anniversary? I’m about to apply for ILR and my 5th anniversary is 17 March. Thank you.


----------



## Crawford

Marianvday said:


> Hello. Did you apply before her 5th year anniversary? I’m about to apply for ILR and my 5th anniversary is 17 March. Thank you.


You keep asking this question and you have had the answer. There is a sticky at beginning of forum and it states:

For *ILR*, you can apply no earlier than 28 days before your 5 year anniversary of arriving in the UK on your spouse/unmarried partner visa. So, if you arrived 17th June 2015, your 5 year anniversay is 17 June 2020 and you can apply 28 days before that. 

So work back 28 days from when you arrived in the UK (or started your spouse visa) and that's when you can apply.


----------



## Gya

Hi please excuse me i am asking same with little different in my situation.
Arrived in uk: jan 2017
BRP 1 : issued 16/1/2017
Expire 16/10/2019
BRP 2: issued 6/4/2020
Expire 13/9/2022
5 years completed on jan 2022 but BRP expire on 13/9/2022 so when can i apply for ILR? 
My husband has ILR from his parent
MANY THANKS


----------



## Marianvday

Gya said:


> Hi please excuse me i am asking same with little different in my situation.
> Arrived in uk: jan 2017
> BRP 1 : issued 16/1/2017
> Expire 16/10/2019
> BRP 2: issued 6/4/2020
> Expire 13/9/2022
> 5 years completed on jan 2022 but BRP expire on 13/9/2022 so when can i apply for ILR?
> My husband has ILR from his parent
> MANY THANKS


If you’re on the 5-year route, you can apply now. Latest would be until your visa expires.


----------



## Gya

Marianvday said:


> If you’re on the 5-year route, you can apply now. Latest would be until your visa expires.


Hi
During this 5 yrs period i have been out of uk 3 times
2018 for 3 weeks
2020 for 4 weeks
2021 for 10 weeks (supposeto be for 3 weeks but due to corona pendamic stuck back oversea)
- My question is does it gonna affect in application? 
-I am on maternity allowance my baby born 4.5 months ago. Does it gonna change in application? 
Thanks


----------



## Marianvday

Gya said:


> Hi
> During this 5 yrs period i have been out of uk 3 times
> 2018 for 3 weeks
> 2020 for 4 weeks
> 2021 for 10 weeks (supposeto be for 3 weeks but due to corona pendamic stuck back oversea)
> - My question is does it gonna affect in application?
> -I am on maternity allowance my baby born 4.5 months ago. Does it gonna change in application?
> Thanks


Are you going to rely on your employment for the application? For spouse visa holders, there is no absence limit as far as I can tell. But maybe an expert can help you out here.


----------



## Gya

Hello everyone
This is my 1st post from uk. I am not cleared so Need a little help, advise and suggestions for further leave in UK in 5 year family route. 
Arrived in UK: jan 2017
BRP expired: oct 2019 
Applied for extention: sep 2019
Approved letter for 30months: feb 2020
BRP issued: april 2020, 
BRP expiry: sep 2022

Physically i have lived in UK 5 years. I have been out of UK 3 time in different year. Longest i lived out of uk is 10 weeks and it was because of covid-19 lockdown.
And i am on my maternity leave now and getting Maternity allowance from gov so the company where i was working is not paying me. So there is no payslip. But i am going back to same work when my maternity leave finished.
So my questions are:
1. Can i apply for ILR now (5 years already on jan 2022 but BRP expire in sep 2022) or
2. Should i follow the BRP expiry date?
3. Is there going to be problem as i am on maternity leave geting paid by gov so there will not be payslip from company?
4. Do i have to apply for by baby as well or put my baby's Birth certificate in my application?
Please help me out i am in real stressed now. What should i do?
Many thanks in advance


----------



## Crawford

You've posted these questions several times now and have received several answers. However:

For *ILR*, you can apply no earlier than 28 days before your 5 year anniversary of arriving in the UK on your spouse/unmarried partner visa. So, if you arrived 17th June 2015, your 5 year anniversay is 17 June 2020 and you can apply 28 days before that. OR you can wait until nearer your BRP expiration date.
if you are on maternity leave and have no payslips from employer, then you can use your income from prior to when you went on maternity leave OR if easier, use your partner's income to qualify.
if your child is a Brit citizen (presume so as your partner is a Brit?) then he/she does not get included in application.


----------



## Vhbbn

Hi,

brp start 27/10/2020
My spouse arrived in the UK on 29/11/2020
brp expires on 02/08/2023

I know you should earliest 28 days before completing 30 months.
But for ILR to get maximum time to apply for ILR, when is the best time to apply

I think they add 28 days left over from your current spouse visa.


When is the best date to apply anyone can advise and calculate, i want to maximise time for ILR.

All replies welcome.

thanks guys


----------



## nyclon

Vhbbn said:


> Hi,
> 
> brp start 27/10/2020
> My spouse arrived in the UK on 29/11/2020
> brp expires on 02/08/2023
> 
> I know you should earliest 28 days before completing 30 months.
> But for ILR to get maximum time to apply for ILR, when is the best time to apply
> 
> I think they add 28 days left over from your current spouse visa.
> 
> 
> When is the best date to apply anyone can advise and calculate, i want to maximise time for ILR.
> 
> All replies welcome.
> 
> thanks guys


Please read the 1st post in the sticky.


----------



## suresh4frens

Hi,
My partner and I have arrived in UK 20 days apart and due to this I complete 5 year anniversary before him. Question is can we apply ilr together when the main applicant completes 5th anniversary or we can apply only after my partner completes it too?

Regards....


----------



## Crawford

suresh4frens said:


> Hi,
> My partner and I have arrived in UK 20 days apart and due to this I complete 5 year anniversary before him. Question is can we apply ilr together when the main applicant completes 5th anniversary or we can apply only after my partner completes it too?
> 
> Regards....


Looking at your earlier post looks like one of you is on Tier 2 work visa and the other is the dependent. The Tier 2 holder goes for ILR first - then the dependent.


----------



## suresh4frens

Crawford said:


> Looking at your earlier post looks like one of you is on Tier 2 work visa and the other is the dependent. The Tier 2 holder goes for ILR first - then the dependent.


Thanks Crawford.
Just reading through "_counting the continuous residence_" section in continuous residence guidance and also "_Period between the issue of entry clearance and entering the UK_ " section in calculating continuous residence - both the sections conclude entry clearance date is taken into account for calculation.

AND since my partner and I have same entry clearance date, i think we are ok to apply together ?


----------



## Crawford

suresh4frens said:


> Thanks Crawford.
> Just reading through "_counting the continuous residence_" section in continuous residence guidance and also "_Period between the issue of entry clearance and entering the UK_ " section in calculating continuous residence - both the sections conclude entry clearance date is taken into account for calculation.
> 
> AND since my partner and I have same entry clearance date, i think we are ok to apply together ?


Sorry, I don't read it like that - I read it that you count from your day of entry and that the delay of entry (if under 180 days) is counted in the180 days allowable for absences. You entered at different times and the whole reasoning behind ILR is that you have *lived in the UK *for 5 years, not when your visa was issued.


----------



## anya_ku

Good evening everyone,

I had a question about applying for ILR on the basis of long residency.

In September 2022 I will have been in the UK for 10 years, so I wanted to apply for ILR (currently on Tier 2 skilled worker visa, and my previous visas were Tier 4 Student ones). However, in the last 10 years I was away from the UK for more than 540 days (about 900 days in total from my calculations). I have had consultations with a few different law firms and some said to me that this disqualifies me from applying for ILR, whilst others are ready to take me on as a client and say that it is possible to be granted ILR even if you exceed the absence rule. I'm just a bit confused as I'm getting yes's and no's, so I thought I'd ask you kind people! Is it worth applying or would it be a waste of money?

Thank you in advance.


----------



## suresh4frens

anya_ku said:


> Good evening everyone,
> 
> I had a question about applying for ILR on the basis of long residency.
> 
> In September 2022 I will have been in the UK for 10 years, so I wanted to apply for ILR (currently on Tier 2 skilled worker visa, and my previous visas were Tier 4 Student ones). However, in the last 10 years I was away from the UK for more than 540 days (about 900 days in total from my calculations). I have had consultations with a few different law firms and some said to me that this disqualifies me from applying for ILR, whilst others are ready to take me on as a client and say that it is possible to be granted ILR even if you exceed the absence rule. I'm just a bit confused as I'm getting yes's and no's, so I thought I'd ask you kind people! Is it worth applying or would it be a waste of money?
> 
> Thank you in advance.


Respectfully, your question is not related to this post. Please create a new post with more details like no of days you are out each year, at least someone might take a look and advise.


----------



## agentz619

Hi everyone,



Hope everyone is well. I have a few questions as I am confused by the constant immigration rules changes, so please bear with me and any advice or help would be very much appreciated.



My wife came to the UK on the 18th August 2017 on a Spouse Visa. Our beautiful son was born in 2018. I renewed her Visa in 2020, so the time is coming up soon to renew the Visa again.



My question is do I now apply for Further Leave To Remain or Indefinite Leave To Remain? She is coming up to living in the UK for 5 years since she arrived back in 18th August 2017. My wife’s BRP (Biometric Residence Permit) expires on the 14th October 2022.



My second question is when should I apply, if my wife is eligible to apply for Indefinite Leave To Remain? 



I would appreciate any kind of help, thank you.





B.A


----------



## clever-octopus

Your wife can apply for indefinite leave to remain on 21st July (28 days before completing her 5 year qualifying residence period)









Date Calculator: Add to or Subtract From a Date – Results


Results of date calculator - which will allow you to add or subtract days, hours and minutes from a date.




www.timeanddate.com


----------



## agentz619

Thank you @clever-octopus for the quick replay in answering my question. I appreciate the help.

Kind regards,

B.A


----------



## AndyJD

Benpo said:


> I’m confused because it contradicts what the guidance says and we want to be 100% sure we’re applying at the right time.
> 
> She came here on a fiancée visa so it seems we can apply 28 days prior to the expiry of her BRP. That seems further away than it should be and we want to apply ASAP.


----------



## AndyJD

Another quick question from me on this. Come September 7th, my wife will have been living in the UK for 5 years on a spouse visa. I'm aware that this means she can apply now for ILR

Because of the Pandemic, her previous application for FLR was delayed, meaning it wasn't issued until November 2020, and won't expire until May 2023. I presume that there is no problem if we leave it until after Christmas to apply, even though the 5 years mark will have passed in September?

Andy


----------



## nyclon

Your question is answered on the 1st post in the sticky.


----------



## AndyJD

nyclon said:


> Your question is answered on the 1st post in the sticky.


Great thank you, so we have until the BRP expires in May. We are going to try as quickly as possible, as I suspect the wait at the moment is quite lengthy


----------



## thelittlestmiju

Hello, I think I have done the maths correctly but just wanted to double check.

Fiancé Visa entry Date: August 13, 2017
1st FLR (M): February 9, 2018
Expiry Date: August 9, 2020
2nd FLR (M): October 6, 2020
Expiry Date: April 9, 2023

Date from which I can apply for ILR: January 12, 2023 until April 9, 2023 - is this correct?

Thank you!


----------



## cranesinthesky

I could not find in the government immigration rules the 28 days term for visa application .
Could you please provide the


----------



## nyclon

cranesinthesky said:


> I could not find in the government immigration rules the 28 days term for visa application .
> Could you please provide the


Please read the 1st post in the sticky.


----------

