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Query about when to apply for spouse visa ILR on 5 year route.
Posted: Tue May 18, 2021 10:11 pm
by JMPA1978
Hi.
I applied for my original visa from my home country of Chile at the beginning of 2016.
My original entry visa sticker in passport was valid from 21.04.2016 until 21.05.2016 and I entered the UK on 22.04.2016.
My first residence permit was issued on 07.04.2016 valid until 21.01.2019.
We applied for further leave to remain in Jan 2019 and my current residence permit was issued on 25.02.2019 valid until 10.09.2021.
Please can someone confirm it is ok to apply for my indefinite leave to remain 28 days before my current permit expires?
Thanks
Jorge
Re: Late application? Query about when to apply for spouse visa ILR on 5 year route.
Posted: Wed May 19, 2021 7:33 am
by JMPA1978
Also please clarify if I have already overstayed?
JMPA1978 wrote: ↑Tue May 18, 2021 10:11 pm
Hi.
I applied for my original visa from my home country of Chile at the beginning of 2016.
My original entry visa sticker in passport was valid from 21.04.2016 until 21.05.2016 and I entered the UK on 22.04.2016.
My first residence permit was issued on 07.04.2016 valid until 21.01.2019.
We applied for further leave to remain in Jan 2019 and my current residence permit was issued on 25.02.2019 valid until 10.09.2021.
Please can someone confirm it is ok to apply for my indefinite leave to remain 28 days before my current permit expires?
Thanks
Jorge
Re: Query about when to apply for spouse visa ILR on 5 year route.
Posted: Wed May 19, 2021 11:03 am
by zimba
You qualify after 5 years from the initial residence issue date minus 28 days, so 07.04.2021 minus 28 days which means you have been eligible since March. Your visa expiry date is irrelevant
Re: Query about when to apply for spouse visa ILR on 5 year route.
Posted: Wed May 19, 2021 11:09 am
by CR001
Zimba wrote: ↑Wed May 19, 2021 11:03 am
You qualify after 5 years from the initial residence issue date minus 28 days, so 07.04.2021 minus 28 days which means you have been eligible since March. Your visa expiry date is irrelevant
For clarity, a spouse visa qualifying period starts from date of entry, not the date of initial visa.
Re: Query about when to apply for spouse visa ILR on 5 year route.
Posted: Wed May 19, 2021 11:11 am
by zimba
Yes correct. If the OP got a spouse visa, then the qualifying date will be 22.04.2021 minus 28 days.
Re: Query about when to apply for spouse visa ILR on 5 year route.
Posted: Wed May 19, 2021 2:42 pm
by JMPA1978
Hi and thank you both for your replies.
I wanted to check that that is the earliest I could apply but that I have until the visa 'valid until' date at the latest?
We have been planning for 28 days before the BRP expires (which we are now realising is incorrect
) and don't yet have exams booked etc.
Can we still apply on the Set (M) 5 yr route up until the visa expires please?
Re: Query about when to apply for spouse visa ILR on 5 year route.
Posted: Wed May 19, 2021 2:57 pm
by CR001
You can apply at any time once you meet the requirements and must apply before the current visa expires. So yes, you can apply later
Re: Query about when to apply for spouse visa ILR on 5 year route.
Posted: Wed May 19, 2021 5:39 pm
by JMPA1978
Awesome!
Thank you so much for the reassurance, that's how we understood it but we were panicking a little
Now off to trawl the boards for more great advice and help on the application process.
Re: Late application? Query about when to apply for spouse visa ILR on 5 year route.
Posted: Wed May 19, 2021 6:19 pm
by Dantean
JMPA1978 wrote: ↑Wed May 19, 2021 7:33 am
Also please clarify if I have already overstayed?
JMPA1978 wrote: ↑Tue May 18, 2021 10:11 pm
…
My first residence permit was issued on 07.04.2016 valid until 21.01.2019.
We applied for further leave to remain in Jan 2019 and my current residence permit was issued on 25.02.2019 valid until 10.09.2021.
…
You wrote you applied for FLR in January 2019. Was the application made before the expiration of leave on 21 January? As long as you applied on or before 21 January you would not be an overstayer. If the application was submitted after 21 January 2019, you would have been an overstayer until 25 February.
Re: Query about when to apply for spouse visa ILR on 5 year route.
Posted: Wed May 19, 2021 8:14 pm
by JMPA1978
Thanks for the reply.
It was at the beginning of Jan if I remember so e were within time. The date lag must have been due to application time I think?
I was asking if I had overstayed because I haven't yet applied for ILR but my 5 years are complete.
Sorry for any confusion.
ILR Spouse Visa - Failed English test
Posted: Wed Jun 23, 2021 10:06 am
by JMPA1978
Hi,
I entered the UK in April 2016 on a spouse visa 5 year route, and successfully extended my visa in 2019.
I am now due to apply for ILR (visa expires in Sept 2021) but I'm worried about what to do if I can't pass my English exam.
Can I automatically apply to switch to the 10 year route?
What form do I apply with?
I have a 9 month old son with my wife.
Your advice is greatly appreciated!!
Re: ILR Spouse Visa - Failed English test
Posted: Wed Jun 23, 2021 9:21 pm
by JMPA1978
I got my results today....i Failed my B1 eng. test.
I will try again but can someone advise on my options if I'm unable to pass please?
Many Thanks!
Re: ILR Spouse Visa - Failed English test
Posted: Wed Jun 23, 2021 9:22 pm
by CR001
If you cannot pass either the English B1 or life in the uk test, you will need to apply for another FLR M visa extension
Re: ILR Spouse Visa - Failed English test
Posted: Thu Jun 24, 2021 6:39 pm
by JMPA1978
Thanks for the reply CR001
Are you able to confirm if this would then put me on the 10 year spouse visa route?
Would I apply for another FLR M in 2.5 years and then my ILR in 10 years?
From reading the boards here I thought I had to apply on the FLR FP form, is this also an option or only do on the FLR M form?
Thanks for your help!
Re: ILR Spouse Visa - Failed English test
Posted: Thu Jun 24, 2021 6:45 pm
by CR001
You can extend FLR M visa as many times s you wish.
Once the tests are passed, at any pint after the extension, ilr can be applied for. There is no requirement to wait 2.5 years or apply for another extension
Re: ILR Spouse Visa - Failed English test
Posted: Fri Jun 25, 2021 7:35 am
by JMPA1978
Thanks for the reply!
Wow, that's good news! I thought we would be put on the 10 year route that I've read about.
Please can you tell me, should I explain in the cover letter that I'm applying to extend my visa on FLR M as I'm unable to meet the requirements for ILR.
Can you also please confirm if I can use my IELTS life skills A2 cert. Which I received in Sept. 2018 and used for my previous FLR application?
Many thanks
Re: ILR Spouse Visa - Failed English test
Posted: Fri Jun 25, 2021 7:47 am
by CR001
1. No you need to explain in a cover letter. It is not mandatory to apply for ilr after 5 years.
2. You can use an expired A2 test if it was used in a previous application and if the test and test centre is still on the current UKVI approved list.
Re: ILR Spouse Visa - Failed English test
Posted: Fri Jun 25, 2021 7:54 am
by JMPA1978
Thank you CR001
Sponsor's passport has expired - please advise
Posted: Tue Aug 03, 2021 10:16 pm
by JMPA1978
Hi all,
I hope you can help,
I have checked but couldnt find an answer to my dilema.
We are due to make my ILR visa application in a couple of days, but just realised that my wife's (my sponsor for my spouse visa) passport has expired.
It expired in 2017, and was accepted for my FLR application in 2019.
Is it ok to submit using her expired passport?
Are there any other ways to prove her immigration status in the UK? Birth certificate from UK?
Please help!
Re: Sponsor's passport has expired - please advise
Posted: Wed Aug 04, 2021 10:25 am
by zimba
It is fine