Can you apply for ILR before FLR visa expires?

[Sally08]

Hi

My partner moved to the UK in June 2014 from Australia and currently has FLR until Nov 2019.

Would we be able to apply for ILR 28 days before June 2019, in May? Or do we have to wait until Pct 2019?

My partner has sadly had to return to Australia last week due to a serious family illness and may need to move back there for some time. I’m thinking if I stayed here we could still apply for the ILR? I know about the 180 days can’t be out of country but it has been unforeseeable and a close relative. I’m hoping that it’s also ok that we would just be using my salary as the evidence requirement as my partner would need to give her job up in UK.

Thanks for any advice at this sensitive time.

[secret.simon]

Are you the prospective ILR applicant or the British/settled in the UK partner?

As I recall, the prospective ILR applicant will need to submit their passport along with their application, if only to also prove their absences from the UK.

Also, the SET(M) guidance note states that "You and any children under 18 applying with you must be in the UK to apply".

[Sally08]

Hi Simon, thanks for your reply - I’m the British citizen and my Australian partner is likely to be in Australia if/when we apply due to family illness. I hadn’t yet thought about the practicalities of sending the passport in and this is something we will need to consider. I’m guessing if we don’t get the ILR 5 year route due to these unforeseen circumstances we will just need to start again from the beginning with FLR in future.

[Casa]

If you have to start the whole process again, your husband won't be eligible for FLR(M). He will be applying for a Spouse Settlement visa and a new 5 year (2.5 x 2.5) year route to settlement (ILR).

Note secret.simon's advice that an ILR application can only be submitted from within the UK.