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Thread: ILR Dates Query

  1. #1
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    Default ILR Dates Query

    Hi everyone,
    Just helping a friend with ILR application and i have question about dates.
    Spouse entered on a marriage Visa 22 June 2014 and they got married August 2014.
    They subsequently obtained a Settlement visa 2nd February 2015 and then FLR granted 10th Aug 2017 which expires 9th March 2020.
    Which date can we use for the 5 year count back?
    Also her son arrived June 2015 so he won't be here for 5 years when they want to submit the application and i am wondering if this is ok?
    Thanks for any advice
    Kingy

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    I have always been under the impression to apply for ILR, the applicant must be resident in the UK for a consecutive period of 5 years. The marriage visa is part of that route and residency will be counted from entry in to the UK.

    Depending on the age of her son, you might/should be able to apply for ILR at the same time.

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    Hi Greg
    Thanks for the reply.
    Her son is 17 and will be 18 November 2020
    He arrived after her so will only have been in the UK 4 years 6 months at the moment but his BRP ends same time as his mun in March 2020.
    Kingy

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    My understanding of a dependant child joining their parent. If your child’s application is granted they should be granted leave in line with their parent’s leave. They may be able to apply for indefinite leave once their parents can.

    I am sure someone on the forum will have went through this process and will be able to confirm her son's eligibility for ILR. If the BRP ends in March 2020 for both of them, it tends to back up, that her son's visa's has been granted in line with her's.
    Last edited by Greg / Pairin; 15th Dec 2019 at 18:09.

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    yes agreed Greg
    I chatted with them last night and to be on the safe side they wont apply until 28 days before the current BRP runs out.
    They have everything required so its just a case of submitting/paying etc
    Do you know at what point you upload the scanned Docs?
    After submission online and payment?
    Kingy

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    Do you know at what point you upload the scanned Docs?
    After submission online and payment?
    After you submit the online application there's a link to the Sopra Steria site where you book the appointment. After booking the appointment you can then login and start uploading documents. You can upload docs until 10pm on the day of the appointment

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    And at what point do you pay?..

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    at the end of the online application form

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    After marriage, did wife obtain a settlement visa from outside the UK or switched FLR(M) from inside the UK?

    If Entry spouse clearance from outside the UK after marriage, then

    Wife may apply for ILR no sooner than 28 days prior to the 5th anniversary of the initial date of entry under the spouse settlement visa and before leave expires.


    Or if switched to FLR(M) in the UK after marriage, then

    Wife may apply for ILR no sooner than 28 days prior to the 5th anniversary of the initial FLR(M) grant and before leave expires.

    Time spent under a fiancé(e) visa does not count towards the 5 year qualifying period for ILR.

    Child may apply at the same time.
    Last edited by Vinny; 22nd Dec 2019 at 01:14.
    We do not inherit the Earth from our ancestors; we borrow it from our children.

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    Thanks Vinny
    That clears up quite a few questions they have.
    They were married in the UK and switched to Settlement visa Feb 2015 so they will stick with the safe date submission.
    I helped them with FLR (M) a couple of years ago and they had to get the first visa application paperwork from a so called immigration specialist visa company in Rotherham for me to review.
    The copy of their paper application was full of crossings out and corrections.
    Truly shocking.
    Thanks again and Happy Christmas

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    Quote Originally Posted by Vinny View Post
    After marriage, did wife obtain a settlement visa from outside the UK or switched FLR(M) from inside the UK?

    If Entry spouse clearance from outside the UK after marriage, then

    Wife may apply for ILR no sooner than 28 days prior to the 5th anniversary of the initial date of entry under the spouse settlement visa and before leave expires.


    Or if switched to FLR(M) in the UK after marriage, then

    Wife may apply for ILR no sooner than 28 days prior to the 5th anniversary of the initial FLR(M) grant and before leave expires.

    Time spent under a fiancé(e) visa does not count towards the 5 year qualifying period for ILR.

    Child may apply at the same time.
    Hi Vinny
    What if the child entered after his mum and has only 4yrs 8 months in the UK?
    I read the guidance notes and cannot find anything that covers this.
    Appreciate any clarification of the rules on this.
    Kingy

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    Struggling for an answer on this question of the son a few months short of his 5 years.
    Anyone point me in the right direction please?
    .gov sites are not helpful unless i missed it.
    Kingy

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    Quote Originally Posted by Kingy View Post
    Struggling for an answer on this question of the son a few months short of his 5 years.
    Anyone point me in the right direction please?
    .gov sites are not helpful unless i missed it.
    Kingy
    https://thailand-uk.com/forums/showt...t=ilr+children

    If you look at this thread, post number 9 confirms, that children who are dependents will be granted leave in line with the parents.

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    Quote Originally Posted by Greg / Pairin View Post
    https://thailand-uk.com/forums/showt...t=ilr+children

    If you look at this thread, post number 9 confirms, that children who are dependents will be granted leave in line with the parents.
    Thanks Greg,
    That's really helpful. Appreciate you finding the post it was mentioned in.
    I am always trying to help others but my friends are causing me a lot of anxiety as i told them i'm no expert but i would help them with the Visa application. I need to ensure they realise its their application and not ours.
    This is the couple who travelled to Thailand via Frankfurt and some how managed to get into the schengen zone in FRA and took a flight to Vienna where they tried to re-enter the international zone without a Schengen visa. They do make me laugh a lot too i may add.
    I also found a really good Facebook group that may interest others. A lot of the advice on their is from Immigration advisors and i had the same answer from them. (UK Indefinite Leave to Reamin (ILR) and British Citizenship)
    Regards
    Kingy

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    Hi everyone
    just wanted to update you and all the helpful members who replied to this thread.
    My friends have received their ILR yesterday after submitting mid February. (Including the step son)
    They owe me several beers after lockdown ends ;-)
    Citizenship for them now.
    Today I started my wife and step sons ILR application.
    Wife had lost the B1 cert but eventually found it so i think we have everything in order.
    Stay safe and best wishes
    Kingy

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    Congratulations to your friends......However, it makes me worry as my wifes ILR application was made in mid January (biometrics appointment) and nothing received so far. Should I be worried or are others seeing longer processing times??

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    laarbruch, i don't know how these things work time wise. Maybe they just got lucky.
    Was there anything unusual in your application?

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