ILR Application Date

[sipit]

Our initial visa for family settlement was issued 18/07/14. I arrived in UK on 6/09/14 while my two children arrived 17/11/14. Children now over 18. We intend to still apply together as family for ILR. Our current visa expires Dec 2019. Which date would be acceptable to use for our earliest ILR application? Within 28 days of 18/07/19 (visa issuance date) or 06/09/19 or 17/11/19?? Would appreciate some advice. Thanks in advance.

[bizman]

By the immigration rule, you need not to have been absent from UK for more than 180 days in 12 consecutive months within the 5 years you have been in UK. Aside the delay you had initially after the grant of your visa, if you have not been absent from UK more than 180 days in any year then you can apply within 28days of the 5th anniversary of the grant of your Initial entry visa.

[Casa]

By the immigration rule, you need not to have been absent from UK for more than 180 days in 12 consecutive months within the 5 years you have been in UK. Aside the delay you had initially after the grant of your visa, if you have not been absent from UK more than 180 days in any year then you can apply within 28days of the 5th anniversary of the grant of your Initial entry visa.

Incorrect! Please be careful about giving information when you're not clear on the Immigration Rules.
There is no limit of absence under a Spouse/family settlement visa. This only applies to those on a PBS route to ILR.

Also the qualifying period under the OP's visa category is from the date of ENTRY, not the visa issue date.

[sipit]

Thanks for clarification on using UK arrival date to calculate 60 months. I couldn't find any specific guidance on absences from UK for spouse/family settlement and have been using the 180 days as a guide. Appreciate that clarification too.

[CR001]

Thanks for clarification on using UK arrival date to calculate 60 months. I couldn't find any specific guidance on absences from UK for spouse/family settlement and have been using the 180 days as a guide. Appreciate that clarification too.

The 180 days per 12 months absence limit is NOT relevant to spouse settlement visa holders. It ONLY applies to PBS visa routes.

[bizman]

That’s exactly what OP is saying.

[Casa]

That’s exactly what OP is saying.

Yes indeed! After your wrong advice was corrected.

[bizman]

That’s exactly what OP is saying.

Yes indeed! After your wrong advice was corrected.

@Casa, why are you so bitter to me. Have I ever discussed with you on this platform or I ever told you I know all or I am an immigration lawyer? Even CR001 that is involved is never negative or bitter. I think we are here to help ourselves and not to judge each other. With your temperament you should not be a moderator.

[Casa]

With all due respect bizman, you're not being judged. My concern is that you have given the same incorrect advice more than once on the Rules regarding Spouse absence from the UK, despite being corrected. This can be life-changing for the OP with serious consequences.

This is why CR001 added her verification on the absence rule which was then followed by your comment.

Yes, we all make errors at time, even those of us who have been contributing on the forum for many years, but we acknowledge this to avoid confusion for the OP.

[bizman]

Alright, I get your point.