Earliest to submit/apply for ILR

[shyamgorasia]

Hi everyone. Hope you are well.

I am a bit confused as I have read and heard different things about when we can apply for ILR.

- My partners initial spouse visa BRP had issue date of 17 Aug 2020
- She entered UK on 02 Oct 2020

I wanted to seek clarification on what date is the earliest she can apply for ILR from below?

1) 28 days before she hits 5 years in UK (counted from the date of entry in UK - 02 Oct 2020)

2) 28 days before she hits 5 years in UK (counted from the issue date on initial BRP - 17 Aug 2020)

3) 28 days before the FLR BRP expires - 02 Jan 2026

I appreciate your help and look forward to your responses.

Kind Regards
Shyam

[CR001]

It is number 1.

[shyamgorasia]

Thanks, does this 5 year period include time waiting and between applications?

I.e.
- Initial spouse visa BRP had Date of Expiry - 25 May 2023
- FLR extension BRP has Date of Issue - 14 June 2023

Kind Regards
Shyam

[CR001]

Yes it does, provided an extension application eas made before the last visa expired.

[zimba]

All you need to know about applying early, the application date, 28-day concession and more

[shyamgorasia]

Thanks a lot. Applicant can use her income to prove that she meets financial requirement right, as long as she earns at least £18,600 gross?

[zimba]

Yes

[shyamgorasia]

Thanks. Her FLR BRP card expired 31st Jan 2024 and switched to an online visa which expires 2 Jan 2026. Is there anything we need to provide to prove her current immigration status based on this to show them that it hasn't expired yet?

Kind regards
Shyam

[zimba]

You do not need to provide anything

Information on eVisas as all BPRs are now phased out

[shyamgorasia]

Thanks.

Can we apply for British citizenship as soon as my partner has been granted ILR? Partner has been in UK for 5 years already and I'm a British citizen.

And I'm assuming as like previous spouse visas, we're not allowed to travel whilst British citizenship application is being processed?

Thanks
Shyam

[CR001]

You say partner, do you mean spouse, ie married or are you unmarried partners??

You should ask citizenship question in the British citizenship sub forum please. It is separate to ILR and citizenship is not part of the immigration pathway and has different rules.

[alterhase58]

And I'm assuming as like previous spouse visas, we're not allowed to travel whilst British citizenship application is being processed?

As advised naturalisation is not an immigration application, it has different requirements under the nationality laws.
Travel is allowed, certainly once the biometrics appointment has been attended.
Continue in the citizenship forum: viewforum.php?f=42