Set (M) - Qualifying Period Question

[Faqasim]

Hello Team,

A friend of mine is applying for his wife settlement, and he is facing an issue.

She first came to the UK on Spouse visa (Leave to Enter) on 12 Sept 2020. (However her visa was issued in March 2020), but her travel plans were delayed to COVID restrictions back then.

Now, her current visa expires on 8th of August, and that only make her in the UK for 4 years 10 months 27 days

My question:
1. Does the qualifying period start from the issue of the entry clearance (March 2020) or the actual UK entry date (Sept 2020) ?

2. Does she need to extend her visa? or can she apply for ILR?

Many thanks.

[Faqasim]

I have the found section in the "Indefinite leave to remain: calculating continuous period in UK" document: Quote:

Absences which will not break continuity in the continuous period

Period between the issue of entry clearance and entering the UK


The period between entry clearance being issued and the applicant entering the UK
may be counted toward the qualifying period. Any absences between the date of
issue and entry to the UK count towards the 180 days allowable absence in the
continuous 12-month period. The applicant does not need to provide evidence to
demonstrate the reason for delayed entry.

-End of Quote.

Is this still applicable? since the document is dated in Dec 2020

[CR001]

That does NOT apply to spouse visa holders. The document clearly states which visa routes it applies to, spouse visa is not listed.

Your friends spouse qualifying period starts from date if entry to the uk.

Apply for ilr shortly before visa expiring and boom biometrics appointment closer to 5 year period.

[Faqasim]

Hello CR001, long time no see. Thank you for your help as always.

Just to confirm the qualifying period, would count from the biometrics appointment date, and not the application submission date?

[CR001]

The date of application is the date you submit and pay online.

She can attend the biometric appointment within the period when she meets the 5 year residence requirement, minus 28 days. This will benefit from the date of decision being when she meets the requirement. https://www.immigrationboards.com/viewt ... 0#p2110176

This is answered multiple times daily now.