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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Needo
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by Needo » Mon Sep 01, 2025 7:57 am
Hello & Good Morning All Board Members,
I have been going through the requirements about the qualifying period for ILR set M and got a little confused, hence requesting advice from all the senior members. Below are the details of my wife and my children visa approval and travel dates and the question which I want to know is that when they will be eligible to apply for ILR?
My Wife Entry Clearance Visa was granted on 23/10/2020
My 3 Children (My wife dependants) Entry Clearance visa was granted on 30/10/2020
They all arrived in the UK on 23/11/2020
Extension was granted on 21/11/2023 for 30 months and valid till 18/06/2026.
My confusion is that Do I need to count 5 years - 28 days from the date of visa grant (23/10/2020) or from the date of arrival in the UK (23/11/2020)?
Dear Zimba and CR7 you have helped me in the past as well so can you please advise on this?
Regards
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CR001
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by CR001 » Mon Sep 01, 2025 9:13 am
It starts counting from date of entry to the uk.
Char (CR001 not Casa)
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Needo
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by Needo » Mon Sep 01, 2025 11:15 am
Hi CR001
Thank you for your reply and clarification.
So in this case they will be eligible to apply from 26-10-2025.
Right?
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CR001
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by CR001 » Mon Sep 01, 2025 11:23 am
Yes, if that is within 28 days before 5th anniversary of date of entry.
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.
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Needo
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by Needo » Mon Oct 06, 2025 3:27 pm
Hi Zimba & CR001
I understand that my wife and kids will be eligible to apply for ILR from 26-10-2025 (28 days before 5th anniversary). But I have a question here.
In the application form a question is asked and I do not know how to answer that.
How long have you lived in the UK?
So in this case the total time spent here will be 4 years and 11 months. So shall we just write this or state 5 years?
Thanks
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zimba
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by zimba » Mon Oct 06, 2025 3:35 pm
The answer to that question has no relevance to the decision making process for ILR
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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Needo
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by Needo » Tue Oct 07, 2025 11:54 am
Hi Zimba
Why I was thinking is because when the guidance say you must have spent/lived in the UK for 5 years/60 months. So if we write 4 years 11 months will make it 59 months though we will be in the 60th month (when we will be applying).
Do you guys think this is not an issue?
Also 2 of my children have grown pass 18 years. Will they be required to have their Life in The UK test and English Language B1 test passed? Or they are exempt because their initial visa was issued when they were under 18?
Please shed some light on this for me.
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zimba
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by zimba » Tue Oct 07, 2025 12:09 pm
The qualifying period is NOT calculated based on what you answer on the form.
All the children dependants over 18 must pass LIUK test and demonstrate their level of English
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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Needo
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by Needo » Tue Oct 07, 2025 5:03 pm
Hi Zimba
Thanks for the clarification.
Regarding children over 18 while filling up the online form "it did not ask any question about their life in the UK test or Level of English". Am I missing something?
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zimba
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by zimba » Tue Oct 07, 2025 10:32 pm
The form is not perfect, the rules require them
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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Needo
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by Needo » Wed Oct 08, 2025 3:04 pm
Hi
Thanks for the clarification.
In this case we will just upload them when we upload the other docs and will mention them in the cover letter as we have already got them.
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Needo
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by Needo » Wed Oct 29, 2025 9:41 am
Hello Respected Members
As per the previous posts I calculated the eligibility for applying for ILR for my wife and children and got the date of 26-10-2025.
I have completed and submitted their applications and paid all the fee yesterday (28-10-2025) and opted in for Super priority service but now I am a bit worried again about the qualifying period.
Though my family case is within the 28 days of being completing 5 years but still 5 years period has not completed.
As the rule for Eligibility says
"E-ILRP.1.3. (1) Subject to subparagraph (2), the applicant must, at the date of application, have completed a period of continuous residence in the UK of at least 5 years (60 months) with the following:"
considering this they have not completed 5 years yet.
So my question here is that What can I do now after I have submitted the application already and booked the biometrics appointment for 31-10-2025?
Rules for the Long Residence clearly mentions the 28 days but for the Partner/Spouse route of 5 years does not state any such concession of 28 days.
Options which I am thinking and require help with choosing the correct one
1. Extend/Delay the biometrics appointment till 23-11-2025(this is the day when 5 years will complete) so the Home Office start processing the application?
2. Withdraw the application and get the fee refunded as it was a big bill and reapply on or after 23-11-2025?
Or
3. I am overthinking this and this shortage of 25 days has no significance and the Home office/ case worker does not consider the Eligibility rule mentioned and highlighted above.
4. Also Just in case the case worker picks up on this rule What option will I have then?
So can the senior members guide me in this scenario? Any help is appreciated.
Look forward to your valueable comments
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CR001
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by CR001 » Wed Oct 29, 2025 10:08 am
You are overthinking!! The 28 day concession applies to all routes.
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.
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Needo
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by Needo » Wed Oct 29, 2025 10:47 am
Hi CR001
I thought I may be over thinking.
But can you please shed a bit more light on the rule and the application of 28 day concession?
Also Could you please advise on the question I asked in my previous post
4. Also Just in case the case worker picks up on this rule What option will I have then?
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CR001
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by CR001 » Wed Oct 29, 2025 11:23 am
Caseworkers know the rules and clearly know about the within 28 days concession.
You really are overthinking this completely!!!
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.
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zimba
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by zimba » Thu Oct 30, 2025 12:17 am
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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Needo
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by Needo » Thu Oct 30, 2025 2:25 pm
Hi All
Thank you Zimba and CR001.
This information i had read already. But I believe I am overthinking. So going for biometrics tomorrow.
Below is the list of supporting documents which we uploaded and would appreciate if you could have a look and advise if any is missing so that we take them with us and get tehm uploaded at the UKVCAS.
1. All Applicants Current Passports x 4
2. All Applicants Expired Passports x 4
3. All Applicants Expired BRPs x 4
4. Birth Certificates for dependant children x 3
5. Life in the UK Test result email pdf (Main Applicant) x 1
6. B1 English Skills Certificate pdf (Main Applicant) x 1
7. Life in the UK Test result email pdf (dependant Children) x 2
8. B1 English Skills Certificate pdf (dependant children) x 2
9. Marriage Certificate (Main Applicant) x 1
10. Variouos Letters (Proof of Residence/Cohabitation) Main Applicant (12 sources)
11. Consent Forms x 3
12. Landlord Letter (Sponsor/Myself Owner/Spouse)
13. Landlord Passport (Myself/Sponsor/Spouse)
14. Property Ownership Documents
15. Mortgage Statements for the past 3 years
16. Application cover Letter x 1
Sponsor Documents
1. Spouse Letter/Declaration
2. Spouse British Passport
3. Spouse Naturalisation certificate
4. Spouse 6 Months Payslips
5. Spouse 6 Months Bank Statements
6. Spouse Employment Contract
7. Spouse Employer Letter
8. Spouse Letters (Proof of Cohabitation) 6 Sources
Any advice is highly appreciated and look forward to your valuable comments