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  1. #1
    Respected Member jencha8569's Avatar
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    Indefinite leave to remain

    Hello everyone! Hope someone could help, I'm a bit confused when to apply for my Ilr. I arrived here with a spouse visa on the 13th of April 2012 under old rules and my visa will expire on the 30th of April 2014. Called ukba said I can apply from the 17th of March 2014 which is 28 days before my 2 year stay. But she also said that I can apply as well until before my visa expired which is 30th of April 2014. We are planning to apply on the 1st week of April to give us more time to prepare. Can I apply on the 1st week of April or I have to apply before 28 days of my 2 year stay? Also I asked her if I can use my English language test which I used on my entry clearance which she said yes. It still hold my single name in it. I just want to make sure everything was correct not to waste our time, money and effort.


  2. #2
    Respected Member John_10's Avatar
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    hi jen..this is maricris..as far as im aware you can apply for your ILR 28 days before your spouse visa expire. As regards your english test if you got B1 or above level when you apply for your spouse visa you do not have to take it again. You can send your passed certificate as proof. Dont forget Life in the UK Test. I am sure someone on the forum can confirm what I've said.


  3. #3
    Respected Member Michael Parnham's Avatar
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    Quote Originally Posted by John_10 View Post
    hi jen..this is maricris..as far as im aware you can apply for your ILR 28 days before your spouse visa expire. As regards your english test if you got B1 or above level when you apply for your spouse visa you do not have to take it again. You can send your passed certificate as proof. Dont forget Life in the UK Test. I am sure someone on the forum can confirm what I've said.
    Confirmed!


  4. #4
    Admin's Assistant ^_^ raynaputi's Avatar
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    Hi Jen,

    If you arrived here in the UK on a spouse visa, the earliest you can apply for ILR is 28 days before your 2nd year of stay in the UK. What the UKBA person told you is correct. But it's really up to you which date you will submit your application as long as you will do it before your spouse visa expires.
    -=rayna.keith=-
    ...When you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible...



  5. #5
    Respected Member Michael Parnham's Avatar
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    Do you mean 28 days before the start of your third year Rayna?


  6. #6
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    Sorry to repeat some info, just trying to help.

    The qualifying period for ILR is 24 months living in UK as Spouse. This excludes any period living in UK as Fiance(e)

    Jen, as has been previously said, the earliest you may apply is 28 days before the end of your 24 month qualifying period.
    In your case 28 days back from 13th of April 2012 is 16 March 2014.
    Since this is a Sunday then 17 March 2014 is your own earliest date.
    Your very latest date is 30th of April 2014

    You may apply at any time between those dates. Just don't apply either earlier or later.

    Be sure you have a pass notification for Life in UK
    Be sure you have a grade pass at B1 for an approved English Language test that is still listed on the latest UKBA approved listing.

    Good luck


  7. #7
    Moderator Arthur Little's Avatar
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    Quote Originally Posted by Michael Parnham View Post
    Do you mean 28 days before the start of your third year Rayna?
    UNDER OLD RULES

    28 days before the expiry of 2 years on Spousal Visa/FLR(M), Michael ... if applying for ILR ...

    ... but full 3 years - including time spent as a fiance(e) - when applying for British Citizenship!


  8. #8
    Respected Member Michael Parnham's Avatar
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    Quote Originally Posted by Arthur Little View Post
    UNDER OLD RULES

    28 days before the expiry of 2 years on Spousal Visa/FLR(M), Michael ... if applying for ILR ...

    ... but full 3 years - including time spent as a fiance(e) - when applying for British Citizenship!
    "28 days before third year is the same as 28 days before end of second year Arthur, what Rayna said was '28 days before the second year' not 28 days before END of second year!


  9. #9
    Admin's Assistant ^_^ raynaputi's Avatar
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    Please do not complicate things guys. Terpe explained everything in post #6. The OP already got the correct information from the UKBA person she has spoken to, which I did confirm as correct.


    -=rayna.keith=-
    ...When you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible...



  10. #10
    Moderator Arthur Little's Avatar
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    Quote Originally Posted by raynaputi View Post
    Please do not complicate things guys. Terpe explained everything in post #6. The OP already got the correct information from the UKBA person she has spoken to, which I did confirm as correct.

    Oops ... ... for being a bit over-pedantic.

    Jen ... Terpe has, indeed, explained everything you need to know in #6. Goodluck!


  11. #11
    Respected Member jencha8569's Avatar
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    Thank you very much for all your replies.


  12. #12
    Member shalona's Avatar
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    Quote Originally Posted by Terpe View Post
    Sorry to repeat some info, just trying to help.

    The qualifying period for ILR is 24 months living in UK as Spouse. This excludes any period living in UK as Fiance(e)

    Jen, as has been previously said, the earliest you may apply is 28 days before the end of your 24 month qualifying period.
    In your case 28 days back from 13th of April 2012 is 16 March 2014.
    Since this is a Sunday then 17 March 2014 is your own earliest date.
    Your very latest date is 30th of April 2014

    You may apply at any time between those dates. Just don't apply either earlier or later.

    Be sure you have a pass notification for Life in UK
    Be sure you have a grade pass at B1 for an approved English Language test that is still listed on the latest UKBA approved listing.

    Good luck
    Wow ! That's very similar to me & my wife's situation - Her 27 month LTR visa (on the old rules) is from 14 April 2012 to 14 July 2014; she actually entered UK on 20 April 2012 .... so working on Terpe's calcs from the UKBA rules of applying 28 days before her 24 months aniv of entering the UK would be from something like from Monday 24 March ! time flies & comes around very quickly ! .... bless all the people & Terpe & Arthur on here who have helped over the last 3 years or so ! (I WILL be asking a couple more questions v soon


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