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ILR SPOUSE 5YEAR ROUTE date issue

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

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gladysh
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Posts: 2
Joined: Tue Jan 06, 2026 2:22 pm
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ILR SPOUSE 5YEAR ROUTE date issue

Post by gladysh » Tue Jan 06, 2026 2:28 pm

Hi everyone,
I’m hoping to get some insight from anyone who may have experienced something similar with UKVI.

I applied for **ILR under the 5-year Appendix FM (partner) route**. UKVI are saying I have **not completed 5 years**, because they are treating my *first grant of leave* as **June 2021**.

However, my **original grant of leave was issued on 10 December 2020**.
At that time, the Home Office **issued an incorrect BRP**. I raised a complaint, which was **upheld**, and the Home Office later confirmed it was an **administrative error** and reissued a corrected BRP in **June 2021**. Importantly, this was **not a new grant of leave**, just a correction of the card.

I have provided UKVI with:

* The **2020 decision letter**
* A copy of the **incorrect original BRP**
* The **complaint upheld email** from the Home Office confirming their error and the reissue

Despite this, UKVI are currently maintaining that my qualifying period only started in 2021 and have offered me the option to:

* extend my partner visa, or
* apply under a different settlement route (e.g. 10-year route)

They have not yet issued a formal refusal.

My question is:
👉 **Has anyone had a case where UKVI ignored the original grant date due to a BRP error, even after it was later corrected?**
👉 Were you able to get them to accept the original grant date, or did they insist on switching routes?

Any shared experiences (successful or not) would be really appreciated.
Thank you!

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zimba
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Re: ILR SPOUSE 5YEAR ROUTE date issue

Post by zimba » Tue Jan 06, 2026 11:58 pm

It seems the caseworker is wrong to suggest that your qualifying period only started in June 2021.
If you can respond to the UKVI email I suggest doing so, otherwise you should file another complaint and explain the error.
In the worst-case scenario and if they refused your application, this should be easily rectified via an administrative review
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

gladysh
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Posts: 2
Joined: Tue Jan 06, 2026 2:22 pm
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Re: ILR SPOUSE 5YEAR ROUTE date issue

Post by gladysh » Wed Jan 07, 2026 12:50 am

zimba wrote:
Tue Jan 06, 2026 11:58 pm
It seems the caseworker is wrong to suggest that your qualifying period only started in June 2021.
If you can respond to the UKVI email I suggest doing so, otherwise you should file another complaint and explain the error.
In the worst-case scenario and if they refused your application, this should be easily rectified via an administrative review
Thank you this is helpful. I replied the UKVI email, and wonder how long I should expect their reply? My visa is going to expire in 10 days so this makes me a bit worry if they refused my application.

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