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Discussion Starter · #1 ·
Hi all,

In the following timeline, when would you say I can apply for ILR on a 5 year partner route?

  • 08/2013 - 1st FLR(M)
  • 02/2016 - 2nd FLR(M) - refused and appealed
  • 1 year 8 months - under appeal, the 1st FLR(M) should be continuing while pending appeal, right?
  • 10/2017 - after appeal won, new BRP arrived valid until 04/2020


The requirement is to be on FLR(M) for 5 years, so while the appeal was pending, the conditions of the visa remained the same etc. So the question is, can I apply for ILR in:

  • 08/2018 - if we add up the time while the appeal was pending it should be around that time; OR
  • 04/2020 - effectively 28 days before the new BRP expires?

Any advice or shared experienced would be much appreciated!

Thanks!
 

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Discussion Starter · #4 · (Edited)
Hi all,

In the following timeline, when would you say I can apply for ILR on a 5 year partner route?

  • 08/2013 - 1st FLR(M)
  • 02/2016 - 2nd FLR(M) - refused and appealed
  • 1 year 8 months - under appeal, the 1st FLR(M) should be continuing while pending appeal, right?
  • 10/2017 - after appeal won, new BRP arrived valid until 04/2020


The requirement is to be on FLR(M) for 5 years, so while the appeal was pending, the conditions of the visa remained the same etc. So the question is, can I apply for ILR in:

  • 08/2018 - if we add up the time while the appeal was pending it should be around that time; OR
  • 04/2020 - effectively 28 days before the new BRP expires?

Any advice or shared experienced would be much appreciated!

Thanks!
Just following up - does anyone have any idea or have been in a similar situation?

Many thanks.
 

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It should be 5 years from the date you were first in the UK as a spouse, so you can apply in 08/2018
 
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Actually you can apply in July of this year since you can apply 28 days before your qualifying period, but you'll have been here for 5 years in August. It doesn't matter that you had a pending appeal for some of this time, you were still in the UK as the spouse/partner of a British citizen
 
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Discussion Starter · #7 ·
Thank you very much @clever-octopus, time to get prepared then - slowly, as I do anticipate a new application form being released and another price hike. Hopefully no changes to "the Rules".
 

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Discussion Starter · #9 ·
And again, thanks a lot @clever-octopus, the increase is not as bad as the previous years...

That would leave the application form update, last one updated in 06/17 so might happen around the same time?
 

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Regarding the earliest to apply for ILR as a UK spouse, I found the below on official Home Office guidance today. My entry date was 13 April 2014 but my entry clearance on the spouse visa was granted a few weeks before. The way I read the below is that the 5 years starts when my visa was granted, not from 13 April. Anyone know if that is correct? The guidance does seem quite clear!

Period between the issue of entry clearance and entering the UK
The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the continuous 12-month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.
 

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Why are you responding to such an old post?

That guidance is for certain visas such as PBS (points-based-system) visa holders and UK ancestry visa holders. It doesn't apply to spouses. Spouse visas don't have a 180-day absence rule.
 

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Apologies, I wasn't aware this thread was considered old. Thanks for the reply. I didn't know the absences were just for PBS routes (even though I'd read quite a bit on this - ?!). I appreciate your help and quick reply.
 
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