ILR Set(M) - 5year route - Short by 6 days to complete 60 months

[mathewp]

Hi Members,

I will be applying for my wife's ILR later this year but have a confusion:

- My wife first got Leave to remain on 1 Sep 2014.
- Second time got Leave to remain on 10 Feb 2017. But this visa is only valid till 25 Aug 2019.

For ILR (5 year route), we cannot apply before 1 Sept 2019. We have gone through two 30 months visa's but for some reason - we are short by 6 days.

I am confused about my options. Could this be a mistake of the home office that they did not give us full 30 months leave, or because we were proactive and applied for the second visa as soon as we were allowed to do so - resulting in a reduced validity of visa.

I cannot afford to spend ~£3000 to get 6 days leave to remain in the UK before having to apply for ILR again.

Hope to receive some advice.

Thanks in advance.

[CR001]

What leave to remain is it??

What was the expiry date of her first leave to remain visa?

Your previous posts suggest Tier 2 ICT dependent, post dated 20th September 2014??

uk-tier-2-employer-sponsored-visas/tier ... l#p1089418

I cannot afford to spend ~£3000 to get 6 days leave to remain in the UK before having to apply for ILR again.

There is no requirement that she must have a valid visa up to the 5 year mark. Her visa must be valid at the time of application and as she can apply within 28 days before 1st September, she will be fine.

[mathewp]

Hi CR001,

Thanks for a quick reply.

Both previous leave to remain for my wife are 'FIVE YEAR PARTNER ROUTE'. We applied using FLR(M) forms (i think).

Her previous visa was valid till 28/2/2017.

I am reading 'Immigration Rules Appendix FM: family members' and under 'Section E-ILRP: Eligibility for indefinite leave to remain as a partner' it says:
E-ILRP.1.3. (1) Subject to sub-paragraph (2), the applicant must, at the date of application, have completed a continuous period of either:

(a) at least 60 months in the UK with:
(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1.; or
(iii) a combination of (i) and (ii);

So my thinking is - if I go for the same day service, i.e on 25 Aug 2019, my wife would not have completed 60 months (we are short by 6 days), and the case worker won't grant the ILR same day.
Please correct where I am going wrong.

Thanks for your help again.
Mathewp

Please ignore the old post that you linked in your reply.

[CR001]

So my thinking is - if I go for the same day service, i.e on 25 Aug 2019, my wife would not have completed 60 months (we are short by 6 days), and the case worker won't grant the ILR same day.

She can apply for ILR no sooner than within 28 days BEFORE reaching 60 months, this is permitted and the caseworkers know the rules. If her visa was issued on 1st September 2014, she can apply for ILR anytime from Sunday 4th August 2019.

Note that there is no longer a 'same day decision' at premium service centre options. They have been closed. New service, see links below.

indefinite-leave-to-remain/online-appli ... 70084.html

indefinite-leave-to-remain/new-uk-visa- ... 67058.html

[mathewp]

Thank you very much for quick replies.

I knew about the 28 days lead time, and we used it to our advantage last time in 2017, but got confused after seeing the wordings in the rules around 60 months.

My mind is at rest now.

Thanks a lot.