ILR, the next step

[Terpe]

Nick,

My understanding is exactly the same as Mark.

The needed residence eligibility for the second period of FLR is 30 months living in UK.
The initial Entry Visa would have been issued with 33 months validity.

After a total needed eligibility residence period of 60 months she'll be able to apply for ILR. That's why care should be taken with the FLR applications to ensure that the 60 month total can be reached without incurring any shortfall which would need yet another FLR

For ILR applications (and also Naturalisation applications) there are published 'leadtimes' for submission of applications. Generally 'not earlier than 28 days' this is not universally applied to FLR applications as there are many valid reasons why applications may be submitted at any time. That's why it's important to take care. The caseworker may misread the application and issue too early. It does happen.

Additionally, there are no residence requirements for absence out of UK under either FLR or ILR. However there is a strict UK absence requirement when applying for naturalisation. Importantly this is done on a countback basis so it's always advisable to restrict trips out of UK to 90 days per year.

[Nick-and-Ella]

Nick,

My understanding is exactly the same as Mark.

The needed residence eligibility for the second period of FLR is 30 months living in UK.
The initial Entry Visa would have been issued with 33 months validity.

After a total needed eligibility residence period of 60 months she'll be able to apply for ILR. That's why care should be taken with the FLR applications to ensure that the 60 month total can be reached without incurring any shortfall which would need yet another FLR

For ILR applications (and also Naturalisation applications) there are published 'leadtimes' for submission of applications. Generally 'not earlier than 28 days' this is not universally applied to FLR applications as there are many valid reasons why applications may be submitted at any time. That's why it's important to take care. The caseworker may misread the application and issue too early. It does happen.

Additionally, there are no residence requirements for absence out of UK under either FLR or ILR. However there is a strict UK absence requirement when applying for naturalisation. Importantly this is done on a countback basis so it's always advisable to restrict trips out of UK to 90 days per year.

Hi Terpe,

We have been careful with time outside of the UK, just 1 visit for Ella back to PH since she came here, although she will be going home this Christmas with the little one.

It''s all quite confusing when the civil servants don't appear to have given us correct advice. I will keep trying to get clarification, but it's quite difficult when the guy on the phone doesn't even seem to understand what it is I'm asking!

[Terpe]

Hi Terpe,

We have been careful with time outside of the UK, just 1 visit for Ella back to PH since she came here, although she will be going home this Christmas with the little one.

It''s all quite confusing when the civil servants don't appear to have given us correct advice. I will keep trying to get clarification, but it's quite difficult when the guy on the phone doesn't even seem to understand what it is I'm asking!

Please be sure to post all questions and concerns here where correct information will be shared.
Never put your trust in a call centre agent regardless of the training they have had.

[purple]

Please be sure to post all questions and concerns here where correct information will be shared.
Never put your trust in a call centre agent regardless of the training they have had.

I agree with Peter. These people are in call centres and does not know all the details.

Below you can search this for the rules.
Appendix FM Section 1.0b Family Life

Please read page 13-14 and somewhere in page 40. It will show you there that Ella can apply 28 days before her 30th month.

You can also Google this E.LTRP 2.2

Hope that helps

[Nick-and-Ella]

I agree with Peter. These people are in call centres and does not know all the details.

Below you can search this for the rules.
Appendix FM Section 1.0b Family Life

Please read page 13-14 and somewhere in page 40. It will show you there that Ella can apply 28 days before her 30th month.

You can also Google this E.LTRP 2.2

Hope that helps

So, after all the advice on here & reading over & again all the relevant documentation & guidance notes, I went ahead & booked an appointment at Croydon. Total cost including NHS surcharge £1811.00. We are there on Sept 12th. I decided to completely ignore the advice I got from UKVI on the phone. I'll keep you updated.