ILR application question

Hi all,

I can’t believe it’s nearly time for me to apply for ILR. It seemed so distant for so long.

My question is a timing issue: my entry clearance was (stamped) mid-December 2017. I know I can technically apply this year, 30 days before the five year entry visa anniversary (so middle of this month/November). However, after my initial entry in December 2017, I left the UK in January 2018 and returned the first week of May 2018 (to sort my U.S. house sale). My UK citizen spouse stayed here in the UK the entire time so we were living apart for those four months. I know that my spouse visa start date is technically December 2017. But I wondered if it would be safer to apply for ILR in mid-May 2023 or later—so that there will be no question that I have been living in the UK uninterrupted with my spouse for 60 months. (My BRP expires in July 2023 so I have until then to apply).

Or is that overkill? Would UKVI claim those four months that I was gone in 2018 don’t count toward the 60 months of residency? The only thing I saw somewhere was that being out of the UK (without the sponsor spouse) for 180 days total in any one year period is bad. I did go back to America alone again later in June 2018 for a work trip and then for Thanksgiving (with my spouse) but I was never gone for 180 days in 2018. (It was about 140 days). But if UKVI frowns on the absences and doesn’t count them toward my 60 months residency, I would hate to have to then reapply again later in 2023 and pony up another fat application fee. And if they rejected my ILR, how would that work? Would I need to then apply for FLRM again to stick around and build the full 60 months or could I just ride out my current BRP and apply in May or later?

So if you aren’t super confused by now, my questions are how much will UKVI weigh the 2018 absences? (It didn’t matter for FLRM but it was just two year in country from application date).  And would it be better for me to apply in May or later, 60 mos after my return in 2018?

Thanks for your help and insights.

My question is a timing issue: my entry clearance was (stamped) mid-December 2017. I know I can technically apply this year, 30 days before the five year entry visa anniversary (so middle of this month/November). However, after my initial entry in December 2017, I left the UK in January 2018 and returned the first week of May 2018 (to sort my U.S. house sale). My UK citizen spouse stayed here in the UK the entire time so we were living apart for those four months. I know that my spouse visa start date is technically December 2017. But I wondered if it would be safer to apply for ILR in mid-May 2023 or later—so that there will be no question that I have been living in the UK uninterrupted with my spouse for 60 months. (My BRP expires in July 2023 so I have until then to apply).

The date that matters when it comes to qualifying for ILR is the date of your initial stamp in mid-December 2017... so you can apply any time from mid-November 2022 up until your BRP expiry date in July 2023.

As long as you don't apply before the 28 days prior to reaching 5 years, there is no 'safer' time to apply. The date you apply is completely up to you, in regards to when is most convenient for you.

For the ILR cohabitation requirement, you only need to prove that you and your spouse have lived together continuously since your last visa was granted... which in your case will be from about December 2020 onwards, though I think the application document list may ask for evidence from the last 2.5 years, as it's usually 2.5 years between applications.

Or is that overkill? Would UKVI claim those four months that I was gone in 2018 don’t count toward the 60 months of residency?

No, it should just be considered a temporary trip back to the US after having moved to the UK in December 2017.

The only thing I saw somewhere was that being out of the UK (without the sponsor spouse) for 180 days total in any one year period is bad. I did go back to America alone again later in June 2018 for a work trip and then for Thanksgiving (with my spouse) but I was never gone for 180 days in 2018. (It was about 140 days).

Never heard of a 180-day rule for spousal visas before.

There's a 180-day per year outside the UK rule for Tier 2 Work Visas, but that does not apply to you.

There can sometimes be issues if you and your spouse have lived apart for a long period of time since your current visa was issued in December 2020... but that does not apply to you either, because you weren't living apart then.

So there's nothing to worry about.

You already proved that your relationship was genuine and that you had been living together for 2 years when you applied for your FLR(M) visa, so it is not relevant for ILR. Now, they only care that you have lived together since your FLR(M) was issued.

So, in summary:

- you're fine to apply any time from mid-November 2022 onwards (28 days before the date in December that you reach 5 years)

- it's completely up to you whether you would prefer to apply now or wait until 2023... but the earlier you apply, the sooner you will get your ILR and be eligible for UK benefits/full NHS care/UK citizenship

- the time you spent in the US in 2018 is not relevant for this application and will not have any effect on the outcome.

- for ILR you only have to prove that you have lived together since your FLR(M) was issued

Thank you, thank you, ksand24! As usual, you are an absolute fount of information! That is great news. For some reason, I thought they totalled up 60 months, but if it’s just time since the last visa (FLRM) was issued, it’s all good. I explained those early absences on my FLRM application so it sounds like I can just repeat it on this one too (glad I saved the last one!).

Whew!