ILR application

Hi everyone!

My husband was granted his spouse visa on 24 July 2018. We got the extension last year, and his BRP expires on 23 December 2022.

When can we apply for ILR (I think that’s the next step, or is it a passport application?)?

What do I need to gather for the application? I think he needs to do the life in the UK test - when can/should he do this?

Thanks so much! Trying to be organised this time to avoid any last min panics…!!

Wait, just realised his BRP expires 23/12/23! Is that right? Same questions apply, but maybe I don’t have to worry yet…!!!

Hi everyone!

My husband was granted his spouse visa on 24 July 2018. We got the extension last year, and his BRP expires on 23 December 2022.

When can we apply for ILR (I think that’s the next step, or is it a passport application?)?

What do I need to gather for the application? I think he needs to do the life in the UK test - when can/should he do this?

Thanks so much! Trying to be organised this time to avoid any last min panics…!!

Are those dates correct or did you apply for FLR early? What date did he enter the UK? It's 5 years to ILR although you can apply from 28 days before the 5 year anniversary of the date he entered the country.

I put together this reference doc.     https://talk.uk-yankee.com/index.php?topic=100139.0

I would get on the Life in the UK test now.   Some people cause themselves un-necessary stress by leaving it late.
Good luck! 

Hello! I just wanted to clarify timings after you helped me on this last year.  I just saw a post elsewhere on this forum saying that if someone enters the country on a fiance visa, then the earliest you can apply is 28 days before the BRP expires (and not 28 days before the anniversary of them entering the country). Is this correct?

My husband entered the country on a fiance visa in May 2018, we got married in June 2018 and 'converted' his visa to the spousal visa, and his current BRP expires in December 2023.

Hello! I just wanted to clarify timings after you helped me on this last year.  I just saw a post elsewhere on this forum saying that if someone enters the country on a fiance visa, then the earliest you can apply is 28 days before the BRP expires (and not 28 days before the anniversary of them entering the country). Is this correct?

That's right.

My husband entered the country on a fiance visa in May 2018, we got married in June 2018 and 'converted' his visa to the spousal visa, and his current BRP expires in December 2023.

Your first post was misleading because you said you were granted a spouse visa. You weren't, you were granted further leave to remain.   

ah  would help if i'd given you the right info! Thank you for clarifying

That's right.

Your first post was misleading because you said you were granted a spouse visa. You weren't, you were granted further leave to remain.   

Hi there, I have been looking at government guidance on this because my husband’s employer is threatening to end his contract if we don’t provide proof asap that he has applied for ILR/a new visa.  The guidance I have found suggests that length of time you've lived in the UK under your current visa route at the time you submit an application is the relevant period, rather than the expiry date of his BRP.  We were married in June 2018 and he has been on the 5 year route since July 2018 (so 5 years and 4 months).  I would be so grateful if you could send me a link to guidance that says we can’t apply until 28 days before the expiry of his BRP, so that I can show it to his employer!  Thank you!

His 5-year count to ILR began on the start date printed on his first FLR(M) BRP card in July 2018.

Therefore, he became eligible to apply for ILR 28 days before that same date in July 2023… so sometime in June 2023.

Normally, because FLR(M) is issued for 30 months only, and you have to live in the UK on it for 60 months (5 years) before you can apply for ILR, you won’t met the requirement to apply until 28 days before the visa expiry date. However, if your second FLR took a long time to be processed (I.e. due to Covid), then it may not expire until after you reach 5 years… which means you can apply for ILR more than 28 days before the expiry date.

From the UKVI website:


https://www.gov.uk/indefinite-leave-to-remain-family

And

https://www.gov.uk/indefinite-leave-to-remain-family/partner-family-visa


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Thank you - and just to confirm, that is the case even though he came in on a fiancé visa?

Thank you - and just to confirm, that is the case even though he came in on a fiancé visa?

Yes.

The important date is the date his first FLR(M) was issued after you got married.  You start the 5-year count to ILR from this date, and you can apply for ILR up to 28 days before the 5 years is up.

What would normally happen is, for example:
- first FLR(M) issued 1st July 2018, expires 1st Jan 2021
- therefore you will meet the 5-year requirement on 1st July 2023, and can apply for it 28 days before that (3rd June 2023)
- second FLR(M) issued 1st Jan 2021, expires 1st July 2023
- therefore the earliest date you can apply for ILR (3rd June 2023) is the SAME date as 28 days before your visa expires

In your case though, instead of the second FLR(M) expiring in July 2023, it actually expires in December 2023, due to the amount of time it took to be processed and issued a couple of years ago.

As a result, the date you are eligible for ILR (28 days before you reach 5 years) and the date that is 28 days before your visa expires are NOT the same… which means you can actually apply for ILR much earlier than the expiry date of the visa (June 2023 rather than Nov 2023).

Which is the same as for people who arrived in the UK on a spousal visa… because the initial spousal visa is valid 33 months, not 30 months, which gives up to 3 months of leeway between reaching 5 years in the UK and the FLR(M) expiry date.


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