Immigrationboards.com

Hi there,
I have a queries concerning applying for ILR via the 5 year route, baiscally my wife entered the UK with holiday visa on 13 NOV 2014, then went back to home country on 13 MAY 2015 to apply for the spouse visa (initial spouse visa start date 09 MAY 2015).
We have since successfully got then spouse visa extend for the 2nd 2.5 years.

My question is does the initial period stay in UK with the holiday visa count towards the 5 years requirement for ILR application? or it needs to wait for the start of the spouse visa which is on the 09 MAY 2015?

summary:
13 NOV 2014 - entry to UK with holiday visa
09 MAY 2015 - entry to UK with Spouse visa
22 Jan 2018 - extended 2.5 year of Spouse visa
Earliest time to apply for ILR?

any advise would be much appreciated

The qualifying date for the 5 years of residence start from the day your wife entered the UK on her Spouse visa (not the issue date).

The previous time spent on a visitor visa won't count.

She can submit her SET(M) application for ILR no earlier than 28 days before completing the 5 year period.

thank you for the reply, can you also advise what happens if my wife is away from uk for over 180 days, then we know she will not qualify for ILR, can she apply for the spouse visa extension? and go down the 10 year route?

edjwh wrote: ↑

Tue Jul 16, 2019 8:30 am

thank you for the reply, can you also advise what happens if my wife is away from uk for over 180 days, then we know she will not qualify for ILR, can she apply for the spouse visa extension? and go down the 10 year route?

There is no absence limit under the Spouse visa category.

thanks for the reply, so that means my wife can be out of uk for over 180 days and yet still qualify to apply for iLR? after 5 years date?
can you explain how that works?