ILR - timings and work

Hello- I’ve just realised my BRP expires on May 3rd and have browsed a few of the posts here so I’m under a little bit of a panic. My US passport was due for renewal so when it was up for renewal I changed it to my married name. Old BRP is on maiden name - is that ok?

And can I submit my ILR application May 2nd or so? How will things work, in terms of my right to work? Online it says it can take 6 months for a decision?!

Thank you so much in advance!

How long ago did you change your passport name? You MUST change the name on your BRP card within 3 months of changing it on your passport, or you can be fined £1000 and have your visa shortened.

What date do you qualify for ILR? (When do you reach 5 years on your spousal/FLR visas?)

If you entered the UK on a 33-month spousal visa, then your 5 years started on the date you originally entered the UK on the spousal visa (the date stamped in your passport), and you can apply up to 28 days before reaching 5 years from that date.

If you qualify to apply for ILR within the 3 months of changing your passport, you can just apply for ILR in your new name instead of having to change your name on your current BRP.

Otherwise, it costs £161 and can take up to a few months to get the name changed on your BRP. You have to fill out an online application and give biometrics again. See here:
https://www.gov.uk/biometric-residence-permits/replace-visa-brp

As your visa expires in May though, I would think you will just have to apply for ILR as soon as you can, ideally in the next few weeks (assuming you have reached the qualifying 5 years).


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And can I submit my ILR application May 2nd or so?

If you have already reached 5 years in the UK on spousal/FLR(M) visas, then you can apply as soon as you are ready. You don't need to wait until May... and depending on when you changed your passport name, you may need to apply ASAP in order to be within the allowed 3 months for name changes.

How will things work, in terms of my right to work? Online it says it can take 6 months for a decision?!

As long as you submit your online application for ILR before your visa expires (before May 3rd), your immigration status and right to work will be automatically extended under Section 3C Leave while your visa is processing. Section 3C Leave only remains valid while you are INSIDE the UK, though, so you can't leave the UK while your applications is processing.

See here for more information about Section 3C Leave:
https://www.gov.uk/government/publications/3c-and-3d-leave

How long ago did you change your passport name? You MUST change the name on your BRP card within 3 months of changing it on your passport, or you can be fined £1000 and have your visa shortened.

What date do you qualify for ILR? (When do you reach 5 years on your spousal/FLR visas?)

If you entered the UK on a 33-month spousal visa, then your 5 years started on the date you originally entered the UK on the spousal visa (the date stamped in your passport), and you can apply up to 28 days before reaching 5 years from that date.

If you qualify to apply for ILR within the 3 months of changing your passport, you can just apply for ILR in your new name instead of having to change your name on your current BRP.

Otherwise, it costs £161 and can take up to a few months to get the name changed on your BRP. You have to fill out an online application and give biometrics again. See here:
https://www.gov.uk/biometric-residence-permits/replace-visa-brp [nofollow]

As your visa expires in May though, I would think you will just have to apply for ILR as soon as you can, ideally in the next few weeks (assuming you have reached the qualifying 5 years).


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Thanks for your reply... Oh god, i just checked my US passport. It was issued Nov 19 2020, so i'm just over 3 months (by a week). To apply for ILR, do I need to pass the life in the UK test first? PANIC MODE HAS SET IN...

Thanks for your reply... Oh god, i just checked my US passport. It was issued Nov 19 2020, so i'm just over 3 months (by a week). To apply for ILR, do I need to pass the life in the UK test first? PANIC MODE HAS SET IN...

Don't panic.

Yes, you do need to have passed the Life in the UK test before you apply for ILR.

You don't have enough time to apply for a name change on your BRP before your FLR(M) expires (as you would need to allow at least 3 months to apply, attend biometrics and get it issued), so I think all you can do is apply for ILR as soon as you have passed the test.

You can then include a cover letter with the application explaining that you were not able to apply for ILR within 3 months of changing your name on your passport, and that there wasn't enough time to apply for a name change on the BRP before your FLR(M) expired.

Don't panic.

Yes, you do need to have passed the Life in the UK test before you apply for ILR.

You don't have enough time to apply for a name change on your BRP before your FLR(M) expires (as you would need to allow at least 3 months to apply, attend biometrics and get it issued), so I think all you can do is apply for ILR as soon as you have passed the test.

You can then include a cover letter with the application explaining that you were not able to apply for ILR within 3 months of changing your name on your passport, and that there wasn't enough time to apply for a name change on the BRP before your FLR(M) expired.

I'm so upset.. Off topic but I've been on mat leave through lockdown the entire year (baby born on April 1st), so I was hoping to see my family for a quick visit before returning to work but that won't be happening now .. I've just booked the test and will do as you said. I need to go back to putting the kids to sleep, but meh - I really wish I could cry myself to sleep right now..

Thank you again for your help - I really appreciate it, though I don't sound it!

I'm so upset..

Don't be upset . This is just a minor glitch. Given that you're about to apply for ILR and your visa is expiring soon, I don't think the name change will be an issue.

All you need to do now is focus on studying for and passing the Life in the UK test, and then applying for ILR before May 3rd.

Ideally, you want to get your ILR application submitted sooner rather than later, but if that's not possible, then there's nothing you can do about that. But you don't want to panic and rush it.

Off topic but I've been on mat leave through lockdown the entire year (baby born on April 1st), so I was hoping to see my family for a quick visit before returning to work but that won't be happening now ..

I'm sorry you won't be able to see your family .

The most important thing to focus on right now, though, is securing your immigration status and your future in the UK. Your family will still be there once you have ILR, and it's not exactly the safest time to be travelling either, so it's actually a good time to be applying for a visa.

I've just booked the test and will do as you said.

That's good .

Just make sure you give yourself enough time to study for it, if you haven't already. I believe all the questions are taken from the study guide, so you need to know the answers that are in it. There are practice tests you can do as well.

The UKVI website links to this page for buying the study materials, though you can probably get them from Amazon or similar as well: https://www.officiallifeintheuk.co.uk/shop

For what it is worth, based on feedback I read on numerous sites, I used https://lifeintheuktestweb.co.uk/exams/   to help me prepare (I did read the book once over without note-taking).  I took those practice exams so many times over to the point that I knew the answers without any hesitation. I found that 90% of the questions I got on my official test (taken last month) were from those 16 practice exams. 

***I am not saying not to read the book*** but I HIGHLY suggest taking advantage of those practice exams!!