ILR Eligibility Query

[tonyc]

I am trying to establish the date when I can apply for ILR under the following conditions

30/10/2020 - Letter received from UKVI for leave to enter on spousal visa
Granted leave to enter as Partner (Standard) from 03/11/2020 until 03/08/2023 ( 33 Months )

Arrived in UK on 20/01/2021 to collect BRP (Collected late During Covid Period as difficult to travel )

Initial BRP valid from 03/11/2020 until 03/08/2023 ( 33 Months )

Extension FLR(M) Granted from 03/08/23 until 08/02/2026 ( 30 Months )

On some immigration sites it states

The earliest possible application date for ILR is 28 days before the five-year anniversary of being given leave to enter the UK rather than the date of actual entry to the country. This means the time taken between being issued a visa and coming to the UK is included. However, if this time was more than 90 days then this will not be included and the anniversary date/qualifying period should be based from the date of entry to the UK. You should apply for ILR before your visa expires.
Can you please advise if that means that I can apply 28 days before 03/11/2025 and qualify for the 5 year residence requirement even if I apply for the priority service and a decision is made after 5 days from 07/10/2025

Thanks

[MarionSprague]

It sounds like you meet the 10-year long residence criteria—but be sure to double-check any discontinuities over 180 days per 12 months and that all your visits were with valid leave. Have you also considered the Life in the UK test and English language requirement? Those should be done before applying. Wishing you a smooth path to ILR! slice master

[tonyc]

Hi Marion

Just replying in case any other member looks at this advice as the advice is incorrect
I have established that on a spousal visa and being married to a UK citizen the earliest date that i can apply is 5 years minus 28 days from first date of entry into UK which in my case is 20 Jan 2021
After the issue of the white paper the UK government have confirmed that people on the 5 year route on a spousal visa currently in the system will not have their 5 year route increased to 10 years as the increase from 5 to 10 will only affect certain visa routes
Also there is no check for discontinuities on a spousal visa - that applies to a different visa category . ( It is a popular misconception)
I already have passed an English requirement at B1 level with a certificate from an approved Trinity College centre and I believe that this is acceptable even though it is more than 2 years old
I have not yet passed the life in the UK test but will do prior to the application for ILR and the subsequent application for UK citixenship 1 day later after obtaining ILR

[tonyc]

Apologies should also have mentioned that there are checks for discontinuities when applying for UK citizenship, so it is important to keep a record of them
If married to a British Citizen, it is 270 days over the past 3 years from application and 90 days within the last year
The check is different if you are applying when you are not married to a UK citizen and increases to 5 years with different no of days checked and a silly check that you must have been present in the UK 3 years from the application date or 5 years if not married to a UK citizen so make sure you were not on holiday outside the UK on that date

[tonyc]

Also i just wanted to make sure that i don't mislead anybody. It is correct that there are no checks for discrepencies on a spousal visa but that does not mean that you can be outside of the UK for an extended period as one of the requirements for ILR is that you intend to make the UK your home so for example if you were outside of the UK for say 4 years from the 5 i would imagine that it is likely that your application for ILR will be rejected

[alexreynolds]

To determine your eligibility for Indefinite Leave to Remain (ILR) in the UK under the conditions you've provided, let's break down the key points regarding the application timeline and the rules for calculating the qualifying period. Since your entry into the UK occurred more than 90 days after your leave to enter was granted (you entered on 20/01/2021, while the leave was granted on 03/11/2020), the qualifying period for ILR is calculated from your actual entry date, 20/01/2021. quordle

[tonyc]

Hi Alex

There are only 78 days from 3/11/2020 until 20/01/2021 so the BRP was collected within the 90 day period allowed for collection of the BRP with the 90 days being calculated from start date of your first entry clearance. There are only a few visa categories where your IRL eligibility can start from the first date of your entry approval. e,g work visa, For a spousal visa it will ALWAYS be your date of entry into the UK as the start date for your 5 year eligibility.