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Earliest time to apply for ILR visa?


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My wife moved to the UK in July 2015 on a fiance visa.  We got married and got the first FLR visa on Feb 2016.

 

The 2nd FLR visa expires on Feb 2021.

 

Could we apply now for the ILR as she has been in the UK for 5 years?  Or do we need to wait until 28 days until the expiry date of her current FLR visa?

 

Shes been in the UK since July 2015 except for 2 trips together to Thailand totalling about 12 weeks.

 

TIA

Edited by KunMatt
Mistake
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From Find out if you can apply to settle in the UK You can apply as the partner of a British citizen or person settled in the UK

Quote

If you’ve got a family visa as a partner or spouse on the 5-year route, you must have been living in the UK for 5 years.

The start of that route includes 

Quote

you are a fiancé, fiancée or proposed civil partner and will marry or enter into a civil partnership in the UK within 6 months of arriving

 So I believe that the earliest she can apply is the fifth  anniversary of her arrival with her fiance visa; i.e. July 2020. Provided she meets all the other requirements, of course.

 

However, if I'm wrong then she could be refused and you would lose the exorbitant fee!

 

So, as fees usually increase every April and the KoLL will remain valid, IMHO you have nothing to lose by waiting until February 2021 to be sure. It is only 4 months.

 

Although it would put her eligibility for British citizenship back by 4 months as she needs ILR for that.

 

Plus, in these uncertain times, there is the risk, however slight, that you and she wont be able to meet the financial requirement next year.

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18 hours ago, 7by7 said:

From Find out if you can apply to settle in the UK You can apply as the partner of a British citizen or person settled in the UK

The start of that route includes 

 So I believe that the earliest she can apply is the fifth  anniversary of her arrival with her fiance visa; i.e. July 2020. Provided she meets all the other requirements, of course.

 

However, if I'm wrong then she could be refused and you would lose the exorbitant fee!

 

So, as fees usually increase every April and the KoLL will remain valid, IMHO you have nothing to lose by waiting until February 2021 to be sure. It is only 4 months.

 

Although it would put her eligibility for British citizenship back by 4 months as she needs ILR for that.

 

Plus, in these uncertain times, there is the risk, however slight, that you and she wont be able to meet the financial requirement next year.

 

Thanks.

 

I understood it the same way as you have explained but I also have the same worry that any mistake in applying too early will forfeit the £2,400 application fee.

 

I would like to get it done asap so we fan be free to do other things in Jan and Feb'21.

 

I think it would be best to call the home office and get a definitive answer.

 

Cheers for the reply.

 

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Whichever date is the correct date you can apply up to 28 days before. I think the same as 7by7 but the fiancé visa makes it a bit unclear. The 28 day rule is worth remembering though.

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