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  1. #1
    Rookie มือใหม่
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    Default ILR and the 5 year residency period

    Appreciate any guidance and many thanks accepting me onto the forum.

    Query is regarding my wife's 5 year continuous period and how early she can apply for her ILR.

    She first entered the UK on her first FLR visa on 1/7/13 this was valid until 1/4/16, her next FLR/resident permit was then valid from 17/3/16 up until 8/10/18.

    She has now completed her continuous 5 year period - July 2018 , however on browsing the forum it has been said the earliest you can apply is 28 days prior to her current visa expiring which would be 8/10/18 .

    Can she apply for her ILR now - having completed her 5 year period or must we wait until 28 days prior to 10th October , would like to add we are desperate to apply ASAP we would like to return to Thailand Nov/Dec time, worried if we apply later in the year the processing times will prevent this.

    Appreciate any guidance

  2. #2
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    Hello.

    We were in the same boat as you and my understanding was that you could only apply once you got to within 28 days of the current visa expiring. That is the basis on which we worked. We are also in the same boat in that we want to go holiday but now have to wait for my wife's passport to come back.

    If I am honest you may be struggling for Nov/ Dec regardless. We submitted Orn's visa on 6th July and thinking we will just make New Year.

    I will let you know if I get any up to date timescales but nothing doing - unless anybody on the site knows different.

    Good luck.

  3. #3
    Forum Dinosaur ไดโนเสาร์ Flip's Avatar
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    Just a thought here........

    I can't remember - its a few years since my ex got citizenship and it was 3 years then anyway but do you have to have ILR for citizenship? If not and applications can be made by those on FLR, I would forget the ILR, save the visa cost and go straight for citizenship as soon as the 5 year qualifying period is reached.

  4. #4
    Admin maokaang's Avatar
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    Quote Originally Posted by Flip View Post
    do you have to have ILR for citizenship?
    Most definitely. ILR is one of the main requirements listed:
    https://www.gov.uk/british-citizenship
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  5. #5
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    But what is this about applying after 3 years if the partner is a British citizen?? as you can't get ILR until 5 years.

    https://www.gov.uk/british-citizenship
    Check if you can become a British citizen
    There are different ways to apply for British citizenship based on your circumstances. If you’re eligible in more than one way you can choose which way to apply.You moved to the UK





    There’s more than one way to apply for citizenship if either:

    • you moved to the UK on a visa
    • you’re from a European Economic Area (EEA) country

    You can usually apply if you’ve lived in the UK for the last 5 years and:


    If your spouse or civil partner is a British citizen

    You can usually apply as the spouse of a British citizen if you’ve lived in the UK for the last 3 years and you have:

    • indefinite leave to remain
    • a permanent residence document (if you’re from the EEA)



    Last edited by stevie57; 27th Jul 2018 at 14:55. Reason: addition

  6. #6
    Forum Dinosaur ไดโนเสาร์ Flip's Avatar
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    Quote Originally Posted by maokaang View Post
    Most definitely. ILR is one of the main requirements listed:
    https://www.gov.uk/british-citizenship
    That won't work then . Just a thought.

    - - - - - - - u p d a t e d - - - - - - -

    Quote Originally Posted by stevie57 View Post
    But what is this about applying after 3 years if the partner is a British citizen?? as you can't get ILR until 5 years.
    I think that was there from the period when the spouse of a British citizen could apply at 3 years. Clearly as ILR is now 5 years - it won't apply. I can't remember exactly but I think that those who entered the UK whilst the 3 years was in place could still apply for citizenship after 3 years even though the rules had changed - there was a period of overlap.

  7. #7
    Premium Member sisaket's Avatar
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    Mrs 3 year to qualify for Citizenship/Passport was: TB test>>FLR>>ILR>>LIUK>>Citizenship>>Passport, obviously the UK GOV have changed the goal posts ... Just for clarification purposes, Citizenship was available after 3 years of residency ...
    bangkok mags

  8. #8
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    E-ILRP.1.3.(1)(a) permits her to apply for SET(M) now, after completing at least 60 months of leave as a spouse in the UK, assuming she meets all the other requirements.
    We do not inherit the Earth from our ancestors; we borrow it from our children.

  9. #9
    Rookie มือใหม่
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    Been confirmed that as long as she has completed the 5 year period she can apply and qualifies for the ILR , therefore no need to wait until current FLR expires or indeed 28 days prior.

    Many Thanks

    - - - - - - - u p d a t e d - - - - - - -


    Also I've checked the IRL/M times-lines and 3 months seems standard, my guess would be that these are the more straight forward applications.

    - - - - - - - u p d a t e d - - - - - - -

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