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Earliest date to apply for ILR

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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CS1984
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Joined: Wed Feb 21, 2024 10:06 pm
India

Earliest date to apply for ILR

Post by CS1984 » Wed Feb 21, 2024 11:51 pm

Hi,

In 2019 My wife's brp (Tier 2 dependant) was delayed by home office and the following reason was given via an email :

Unfortunately there is a delay in producing your BRP. You may be aware that there is now a requirement for your National Insurance Number to be displayed on your BRP, we are currently waiting for the Department of Works & Pensions to confirm your National Insurance number.
Once confirmation is received, this information will need to be added to our systems in order to produce your BRP.
We are unable to provide an exact timescale for this to be resolved. However, if after 15 working days from the date of this email you have still not received your BRP then please contact us again to obtain further information on whether the BRP has been produced and an expected delivery date.

Due to this she is falling short of few days to be able to apply for ILR:
BRP issue date : 11-07-2019
BRP valid till : 24-05-2024
Total time in the UK on tier 2 dependant :
4 years, 10 months, 13 days

Could you please let me know what can we do in this case? Shall we contact home office and discuss our case or apply for visa extension for her and then apply for ILR.
Thanks in advance

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Earliest date to apply for ILR

Post by vinny » Thu Feb 22, 2024 12:08 am

Tier 2 partners are different from spouse visa holders under Appendix FM. The qualifying period may start from when the initial Tier 2 partner’s entry clearance was issued.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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zimba
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Re: Earliest date to apply for ILR

Post by zimba » Thu Feb 22, 2024 12:35 am

ILR qualifying period starts from the first visa approval date. The BRP issue date and approval dates often match however a BRP may be issued at a later date for administrative reasons like in your case. The qualifying period starts from the visa approval date NOT the BRP issue date in your case
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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