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ILR query - Overstay on current leave to remain?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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hm7
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Joined: Fri Mar 09, 2012 3:22 pm
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United Kingdom

Apply for ILR 2 weeks before current visa expiry

Post by hm7 » Thu Nov 09, 2023 6:27 pm

Hi,

Last month my wife became eligible for ILR on a 5-year dependent spouse visa route, her current biometric is valid up until 11th Feb 2024. Currently, we are out of the country and returning on 25th January 2024.

My queries are as follows:
1. Will there be any problem in applying for her ILR so close to the time of her current 'Leave to remain' visa expiring on 11th Feb 2024? Is there any minimum time period we need to apply for the ILR before her current visa expires?
2. Will it be a problem while entering the UK Border because her current 'Leave to remain' visa expires (on 11th Feb 2024) within 2 weeks of entering the border on 25th Jan 2024?

Kindly advise, so that I can plan our travel back accordingly.

Thanks in advance.

meself2
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Re: Apply for ILR 2 weeks before current visa expiry

Post by meself2 » Thu Nov 09, 2023 6:34 pm

hm7 wrote:
Thu Nov 09, 2023 6:27 pm
1. Will there be any problem in applying for her ILR so close to the time of her current 'Leave to remain' visa expiring on 11th Feb 2024? Is there any minimum time period we need to apply for the ILR before her current visa expires?
No. As long as she applies before her current leave expires, she's fine.
hm7 wrote:
Thu Nov 09, 2023 6:27 pm
2. Will it be a problem while entering the UK Border because her current 'Leave to remain' visa expires (on 11th Feb 2024) within 2 weeks of entering the border on 25th Jan 2024?
No.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

hm7
Newbie
Posts: 34
Joined: Fri Mar 09, 2012 3:22 pm
Mood:
United Kingdom

Re: Apply for ILR 2 weeks before current visa expiry

Post by hm7 » Thu Nov 09, 2023 6:40 pm

Thanks for confirming, meself2. Much appreciated!

hm7
Newbie
Posts: 34
Joined: Fri Mar 09, 2012 3:22 pm
Mood:
United Kingdom

ILR query - Overstay on current leave to remain?

Post by hm7 » Thu Dec 14, 2023 6:09 pm

Hi

I am applying for my ILR on a 5-year dependent spouse visa route and have the below query:

My current leave to remain expires in 2 weeks. I have submitted my ILR application and paid the due fee, however, my ILR appointment date is after the expiry of my current leave (which expires in 2 weeks). So will this be a problem, and treated as an overstay on my current visa?

Please advise.

Thanks.

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CR001
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Re: ILR query - Overstay on current leave to remain?

Post by CR001 » Thu Dec 14, 2023 6:12 pm

my ILR appointment date is after the expiry of my current leave (which expires in 2 weeks).

Fine. The important date is the date you submit and pay online which must be before visa expiry to give you section 3C protection. You were already advised of this in November when you asked the same questions. Your topics have been merged!
So will this be a problem, and treated as an overstay on my current visa?
No.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

hm7
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Posts: 34
Joined: Fri Mar 09, 2012 3:22 pm
Mood:
United Kingdom

Re: ILR query - Overstay on current leave to remain?

Post by hm7 » Thu Dec 14, 2023 6:50 pm

Many thanks for your confirmation!

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