ILR Application Dates and Processing Questions

[PCA]

I am a Canadian citizen who has been in the UK coming up to 5 years on a spouse visa (married to a British citizen). I am preparing to apply for ILR, however have a few questions about dates:

1. I know that you can only apply for ILR within 28 days of your 5 years expiring. My first visa/BRP was granted on 11/09/2015, which would make it 5 years on 11/09/20. However, my second BRP was granted on 05/03/2018 and has an expiry date of 03/10/2020. Can I still apply 28 days before 11/09/20 or will this be considered too early?

2. Can you do your online application before the 28 day period if your in-person appointment falls within this period?

3. If I can't get a super-priority appointment due to the current COVID situation (not sure how likely this is at the moment), it says that processing times for regular applications are up to 6 months. Will they have my passport for the entire 6-month period, and will I be able to travel in and out of the country during this time?

Many thanks for any help. No matter how many times I go through the immigration process, I still find it stressful and confusing!

[CR001]

1. I know that you can only apply for ILR within 28 days of your 5 years expiring. My first visa/BRP was granted on 11/09/2015, which would make it 5 years on 11/09/20. However, my second BRP was granted on 05/03/2018 and has an expiry date of 03/10/2020. Can I still apply 28 days before 11/09/20 or will this be considered too early?

What date did you ENTER the UK on your first spouse visa?? Your residence qualifying period starts from the date you entered on a spouse visa (not fiance visa) and not the date your visa was issued.

2. Can you do your online application before the 28 day period if your in-person appointment falls within this period?

You should apply online when you meet the requirements.

3. If I can't get a super-priority appointment due to the current COVID situation (not sure how likely this is at the moment), it says that processing times for regular applications are up to 6 months. Will they have my passport for the entire 6-month period, and will I be able to travel in and out of the country during this time?

Super priority is currently suspended and there is no indication when it will be available again. You do not submit any originals documents. Everything is scanned and uploaded, even the passport. You cannot travel out of the UK while you have an application pending. If you do, your application will be considered withdrawn and you will lose your fee you have paid. Decisions rarely take 6 months.

[PCA]

Thanks very much for the responses.

I was already in the UK when my first spouse visa was granted (was here and got married on a fiance visa). Therefore I assume this means that my residence started the day my visa was granted (11/09/15)?

As my latest BRP does not expire until 03/10/20, does this mean that I can submit my application anytime between 14/08/20 (28 days before 11/09) and 03/10/20?

Thanks again for the help.

[CR001]

I was already in the UK when my first spouse visa was granted (was here and got married on a fiance visa). Therefore I assume this means that my residence started the day my visa was granted (11/09/15)?

Correct, your residence clock starts from the date your FLR(M) spouse visa was granted. You can apply within 28 days before that date.

As my latest BRP does not expire until 03/10/20, does this mean that I can submit my application anytime between 14/08/20 (28 days before 11/09) and 03/10/20?

Yes.