Qualifying 'residency' for driver's license expiry?

Weird title, I know, but it's the only way I could think to summarize it! 


Basically, I'm in a bit of a picke at the moment - I arrived in the UK in October 2020 on the 6-month fiance visa, because of all the delays with COVID I didn't get my FLR(M) visa granted til mid-May of 2021. I tried applying for a provisional license in that interim just to get another bit of I.D on me but was rejected because they didn't accept my visa/proof of address.

The form on the gov. site says that my license is good for 12 months from the beginning of my residency - did my residency start on the day I arrived in the UK, or the day that my BRP was granted? Truly hoping its the latter because whew boy, my ability to get to work will be axed - driving instructors here have been booked for months and months, absolutely no one can get in!

I found this (Freedom of Information Request).

It's interesting and helps your case.  Your fiance visa would NOT have been for 185 days.... so I think if it went in front of a court, you would be able to defend why you believed the 12 months to start when you were granted FLR(M).

https://www.whatdotheyknow.com/request/clarification_on_when_dvla_consi

HOWEVER

Check what your insurance company says.  THAT is the TRUE risk.  If your insurance company says it was one year from the date you landed, you have to go by what they say.  They are the ones that will pay in the event of an accident (whether your fault or caused by someone else).  I have seen that happen to FAR too many people who thought that they were okay.

I found this (Freedom of Information Request).

It's interesting and helps your case.  Your fiance visa would NOT have been for 185 days.... so I think if it went in front of a court, you would be able to defend why you believed the 12 months to start when you were granted FLR(M).

https://www.whatdotheyknow.com/request/clarification_on_when_dvla_consi [nofollow]

HOWEVER

Check what your insurance company says.  THAT is the TRUE risk.  If your insurance company says it was one year from the date you landed, you have to go by what they say.  They are the ones that will pay in the event of an accident (whether your fault or caused by someone else).  I have seen that happen to FAR too many people who thought that they were okay.

Interesting phrasing in that link, that "the ultimate decision is down to the individual concerned" - it does seem to be logical (to me) that since I couldn't do anything on the temporary fiance visa, it didn't really count towards my residency status.
Very much appreciate the link!! That has made me feel a bit better - and you're right about the insurance, that was the biggest sticking point for me/my husband when discussing it, we really don't want to invalidate that.

Basically, I'm in a bit of a picke at the moment - I arrived in the UK in October 2020 on the 6-month fiance visa, because of all the delays with COVID I didn't get my FLR(M) visa granted til mid-May of 2021. I tried applying for a provisional license in that interim just to get another bit of I.D on me but was rejected because they didn't accept my visa/proof of address.

Did they refuse as you had not yet met the requirement of-
"have legally lived in the UK for at least 185 days in total in the past 12 months"
They also need proof of your address.
https://www.gov.uk/apply-first-provisional-driving-licence

The form on the gov. site says that my license is good for 12 months from the beginning of my residency - did my residency start on the day I arrived in the UK, or the day that my BRP was granted?

Why not just apply for a provisional driving licence? if you are not refused under the "have legally lived in the UK for at least 185 days in total in the past 12 months", then you know that your time on your fiance visa is used for your 12 months.

From Admiral

If your licence was not issued in the EU or a designated country, the DVLA states you can drive any category of small vehicle (motorcycles, cars, vehicles up to 3,500kg such as vans, or with up to eight passenger seats) in the UK on your original full, valid licence for 12 months.
https://www.admiral.com/magazine/guides/motor/driving-in-britain-with-a-non-uk-licence

You could check with the police as they would be the ones who refer the case to the court : something to be avoided.

it does seem to be logical (to me) that since I couldn't do anything on the temporary fiance visa, it didn't really count towards my residency status.

All visas are temporary (Limited Leave to Remain) until ILR is granted.

Not all visas lead to ILR after 5 years.
Some can't work on their visa, (e.g fiance, some on Tier 4 (student) and their dependants).

But these can still have a provisional driving licence if they meet the requirements, or hold a UK driving licence.