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Checking my qualifying period for Applying ILR 5 year route too early? (Premium service)
Posted: Wed Oct 10, 2018 11:56 pm
by Greenshoot
Hi,
I have first entered the UK by holding fiance/marriage visitor visa on 14/08/2013
Then granted my spouse visa (BRP card) 21/11/2013
After completing first 30 months, I have extended it following the '5 year route' accordingly which now my BRP card will be expired on 26/11/2018
I am aware that it must be 28 days before my qualifying period but Why my agent advise that I am
Please Help! When is my qualifying period ? For ILR 5 year route (spouse visa)
Posted: Thu Oct 11, 2018 12:04 am
by Greenshoot
Hi,
I have first entered the UK by holding fiance/marriage visitor visa on 14/08/2013
Then granted my spouse visa (BRP card) 21/11/2013
After completing first 30 months, I have extended it following the '5 year route' accordingly which now my BRP card will be expired on 26/11/2018
I am aware that it must be 28 days before my qualifying period and what I understand is I could apply from 24/10/2018 but why my agent advised that I could apply earlier than that by base on the date that I entered the UK (with fiance visa) and already booked a premium serivce appointment for me on 22/10/2018 ..
Could you/anyone please kindly advise whether I was right ot the agent? Or how to calculate my qualifying period correctly ?
Many thanks,
P
Re: Please Help! When is my qualifying period ? For ILR 5 year route (spouse visa)
Posted: Thu Oct 11, 2018 1:57 am
by vinny
Unfortunately, Leave as a
Fiancé(e) does
not count under
E-ILRP.1.3. (1)(a) towards the 5-year qualifying period for SET(M).
E-ILRP.1.3. wrote:(2) In calculating periods of leave for the purposes of sub-paragraph (1) above, any period of leave to enter or limited leave to remain as a fiancé(e) or proposed civil partner will be excluded.
Re: Please Help! When is my qualifying period ? For ILR 5 year route (spouse visa)
Posted: Thu Oct 11, 2018 5:45 am
by Djsuccess
vinny wrote: ↑Thu Oct 11, 2018 1:57 am
Unfortunately, Leave as a
Fiancé(e) does
not count under
E-ILRP.1.3. (1)(a) towards the 5-year qualifying period for SET(M).
E-ILRP.1.3. wrote:(2) In calculating periods of leave for the purposes of sub-paragraph (1) above, any period of leave to enter or limited leave to remain as a fiancé(e) or proposed civil partner will be excluded.
The OP switched from fiancee to spouse visa on 21/11/2013. I believe that the OP can apply for ILR 28 days before 21/11/2018 and before the visa expires on 26/11/2018.
Re: Please Help! When is my qualifying period ? For ILR 5 year route (spouse visa)
Posted: Thu Oct 11, 2018 5:53 am
by Djsuccess
Greenshoot wrote: ↑Thu Oct 11, 2018 12:04 am
Hi,
I have first entered the UK by holding fiance/marriage visitor visa on 14/08/2013
Then granted my spouse visa (BRP card) 21/11/2013
After completing first 30 months, I have extended it following the '5 year route' accordingly which now my BRP card will be expired on 26/11/2018
I am aware that it must be 28 days before my qualifying period and what I understand is I could apply from 24/10/2018 but why my agent advised that I could apply earlier than that by base on the date that I entered the UK (with fiance visa) and already booked a premium serivce appointment for me on 22/10/2018 ..
Could you/anyone please kindly advise whether I was right ot the agent? Or how to calculate my qualifying period correctly ?
Many thanks,
P
I believe that your qualifying period started from when you switched to the spouse visa (21/11/2013) and can apply for ILR not earlier than 28 days before 21/11/2018 and must be done before your visa expires. The earliest you can apply is 24/10/2018/
https://www.timeanddate.com/date/datead ... ad=28&rec=
As Vinny already confirmed. The Fiancee visa doesn't count towards 5 year ILR
Re: Please Help! When is my qualifying period ? For ILR 5 year route (spouse visa)
Posted: Fri Oct 12, 2018 11:33 am
by Greenshoot
Thank you all for confirmation.
Seems like they have done this all wrong..
I was wondering if I keep my current Premium Service appointment, would My application get rejected if I apply 2 days earlier prior 28 days before my qualifying period ? As there is no timeslot available at the moment...
Re: Please Help! When is my qualifying period ? For ILR 5 year route (spouse visa)
Posted: Fri Oct 12, 2018 11:43 am
by CR001
You cannot apply earlier than within 28 days before reaching the 5 year mark, even 2 days earlier risks a refusal and loss of your fee.
Try to get an appointment after 24th October up to and including the day your visa actually expires.