# indefinite leave to remain questions



## Expat2013! (Jun 18, 2013)

Hi all, I have some questions which I hope someone can help me answer. 

My wife arrived in the UK on a spouse visa in Nov 2013 and renewed within the UK on to a FLR(M) spouse visa with a start date of 04-Jul-16 and end date of 01-Feb-19. When the time comes, she will apply for Indefinite Leave to Remain (ILR) on a 5-year route.

1. What's the earliest date we can renew for ILR? is it 1-Jan-19?

2. What form do I need to complete?

3. My wife often travels on business for work for a UK company. Is there a limit number days you can travel overseas that won't negatively impact the application?

4. According to the UK Gov website,"If you’re a partner on the 5- or 10-year route, the earliest date you’ll become eligible to apply for settlement is June 2017". Why is the earliest June 2017?: https://www.gov.uk/settle-in-the-uk...zen/no/partner/you-re-still-with-your-partner

I appreciate we're a long way from renewing but no harm in preparing in advance.

Thanks,


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## Joppa (Sep 7, 2009)

#1 Yes, 28 days before 1st Feb 2019.
#2 SET(M), but a new form will be issued soon to take into account 2012 revisions.
#3 Not normally, but any lengthy absences should be declared and explained.
#4 Because the rules changed in July 2012 when 5-year route came in. Before that, you could get settled after only 2 years, and if you'd been married 4 years or more, you could get immediate settlement.


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## sprite75 (Aug 11, 2014)

This is similar to my question, and i don't want to start a new thread.

I'm also looking ahead to applying for ILR, and cannot find the answer I need in the Immigration rules. 
A few years ago, I read that I could apply for ILR 5 yrs after arrival, on the anniversary of a date where I was in the UK. (i've been in the UK for 12 yrs, but there's a 9 month trip out of the country that has scuppered my original plans to apply for ILR based on residence)

I entered with my Ancestry Nov 26/2014. 
FLR-M granted, --> Dec 02/2014.
it expires --> June 02/2017
I can renew it anytime now (we are inside the 28 day window)

I _believe_ i can apply for ILR 28 days before Nov 26 2019.

Will it make a difference if I apply to extend my FLR-M before June 02-17?
I'd like to put everything in the post May 15, but not if that's somehow going to chop 2 weeks off my accumulated time.
If they start counting my 2.5 yrs from the application date, I'll run short. If they start counting from the date of approval, I'll be fine.

I did just spend 45 minutes trying to find something about this in the Immigration rules, but can't seem to find it. Feeling rather dumb.


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## Joppa (Sep 7, 2009)

No, it won't make a difference applying before 2nd June because any unexpired portion will be added to your new leave, so by the time you apply for settlement you will have lived here for 5 years (minus up to 28 days).


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## clever-octopus (May 17, 2015)

Edit: Removed, Joppa answered first


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## Joppa (Sep 7, 2009)

Provided you are eligible to apply (up to 28 days before 30-month anniversary of your UK arrival or when FLR(M) was issued; in the latter case it will be 28 days before the expiry date), you will be fine.


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## sprite75 (Aug 11, 2014)

thanks so much, Joppa! We moved a few months ago, and sometimes I feel like my life revolves around filling out forms.

much more motivated to crack through that this weekend and have it ready to send off Monday. would like to have the passport back before end of summer, in case we have a chance to take any short trips.


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## John__Q (Apr 21, 2012)

Expat2013! said:


> My wife arrived in the UK on a spouse visa in Nov 2013 and renewed within the UK on to a FLR(M) spouse visa with a start date of 04-Jul-16 and end date of 01-Feb-19. When the time comes, she will apply for Indefinite Leave to Remain (ILR) on a 5-year route.
> 
> 1. What's the earliest date we can renew for ILR? is it 1-Jan-19?


I'm in the same boat as the OP.

First I'm a little confused on the above. You can apply for ILR ater being in the UK for 5 years, so why can't the OP apply in Nov 2018?

I arrived in the UK on a spouse visa on 4 April 2013. Renewed and FLR(M) valid until 1 July 2018.

I can apply for ILR 28 days before 4 April 2018 - correct?


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## Joppa (Sep 7, 2009)

You are fine to apply on 7th March 2018. The reason being you get your spouse visa for 33 months and you must have arrived soon after the 'valid from' date on your visa. I will change the reply I gave to OP.


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## Expat2013! (Jun 18, 2013)

Joppa said:


> You are fine to apply on 7th March 2018. The reason being you get your spouse visa for 33 months and you must have arrived soon after the 'valid from' date on your visa. I will change the reply I gave to OP.


Hi Joppa, so are you saying in my case, my wife can apply 28 days before Nov 2013 when she first arrived? or 28 days before 1st Feb 2019?

Thanks,


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