ILR timing question?.

[Msbelinda]

I arrive in UK as a Fiancée Visa on April 2011 & I get my FLR July 2011. I was wondering when is the best time to apply for Indefinite leave to remain? and When it start the counting of 2 year staying here in the UK?

[joebloggs]

upto 28 days b4 your flr expires, what date does it expire ?

[Msbelinda]

My FLR will expired in July 2013, But it's make me feel confuse, when I read the UK Border Agency.. It say on there like this...


If we gave you permission to remain in the UK as an unmarried or same-sex partner and are now applying to settle here as the husband, wife or civil partner of the same person, your 2-year qualifying period started on whichever is the later of these two dates:

the date when we gave you permission to remain as an unmarried or same-sex partner; or
the date when you arrived in the UK.


So.. I don't know if I should apply for ILR this April? or before July this year..

Thank you so much Joebloggs for help.xx

[Janedan0913]

Just follow the one on your visa then apply 28 days before your visa expires. It is still long way so by now, you must at least gather all the necessary documents needed for your visa application. The documents or proof must be within the 2 years of your stay here with your partner. Anyway, good luck.:Wave:

[vernier caliper]

Hi Msbelinda.

As per SET(M) Guidelines, Clause 2, page 2 - QUALIFYING FOR INDEFINITE LEAVE TO REMAIN:

To qualify for indefinite leave to remain in one of the categories for which you must use form SET(M), you must satisfy the requirements set out in Part 8 of the Immigration Rules, which are on our website.

One of the requirements is that you have to complete 2 years’ leave to enter OR remain as the partner of the person named in your application. That period runs from


- the date on which you entered the UK with a visa in the relevant category; or, if you did not enter the UK with such a visa, from

- the date on which you were first granted leave to remain in the UK in the relevant category

I think leave to enter is the fiance visa and leave to remain is the spouse visa. If that is the case, you are allowed to apply for your ILR on Mar 2013 or 28 - DD April 2013.

[joebloggs]

Hi Msbelinda.

As per SET(M) Guidelines, Clause 2, page 2 - QUALIFYING FOR INDEFINITE LEAVE TO REMAIN:

To qualify for indefinite leave to remain in one of the categories for which you must use form SET(M), you must satisfy the requirements set out in Part 8 of the Immigration Rules, which are on our website.

One of the requirements is that you have to complete 2 years’ leave to enter OR remain as the partner of the person named in your application. That period runs from


- the date on which you entered the UK with a visa in the relevant category; or, if you did not enter the UK with such a visa, from

- the date on which you were first granted leave to remain in the UK in the relevant category

I think leave to enter is the fiance visa and leave to remain is the spouse visa. If that is the case, you are allowed to apply for your ILR on Mar 2013 or 28 - DD April 2013.

Q1 – When does my indefinite leave to remain (ILR / settlement) qualifying period start?

If you switch into a qualifying category within the UK, the qualifying period starts on the day your leave was extended. If you obtained entry clearance abroad, the qualifying period start on the day you entered the UK or the day you were granted your visa providing you entered the UK within 3 months of your visa being endorsed in your passport.

[joebloggs]

The application for indefinite leave to remain must not be submitted sooner than 28 days before the end of the current permission to stay in the UK.

[vernier caliper]

Q1 – When does my indefinite leave to remain (ILR / settlement) qualifying period start?

If you switch into a qualifying category within the UK, the qualifying period starts on the day your leave was extended. If you obtained entry clearance abroad, the qualifying period start on the day you entered the UK or the day you were granted your visa providing you entered the UK within 3 months of your visa being endorsed in your passport.

This does not clarify whether a Fiancée Visa is a qualifying visa. I think it is, which is why I suggested she can apply in March. Do you think otherwise? I'm interested to learn if I am wrong as it will affect my ILR application date in the future too. Thank you.

[joebloggs]

the qualifying period for ilr was 2yrs (old rules - upto 28 days) in the UK if you was married to a British citizen, something you was not when you was granted your fiancee visa, and you was not granted further permission to remain in the UK until you had been granted FLR(m) which was granted funnily enough for 2yrs !

[Terpe]

This does not clarify whether a Fiancée Visa is a qualifying visa. I think it is, which is why I suggested she can apply in March. Do you think otherwise? I'm interested to learn if I am wrong as it will affect my ILR application date in the future too. Thank you.

Sometimes it's not helpful to copy & paste ambigious UKBA wording which doesn't clearly answer the question.

The qualifying period for ILR (in the case of the OP) is 24 months living in the UK as a Spouse. It DOES NOT include any time spent in the UK under Fiancee Visa

ILR application can be made 28 days before reaching the end of the 24 month qualifying period.

Given that an FLR(M) application is made after UK marriage, it will usually be issued for 24 months duration. Meaning that normally the earliest time to apply ILR is 28 days before FLR(M) expiry.


Before applying for your ILR you will need to have a pass certificate for "Life in UK" test.

[vernier caliper]

Thanks Joe and Terpe. The information you both have provided is interesting and informative:xxgrinning--00xx3:.

[Terpe]

Thanks Joe and Terpe. The information you both have provided is interesting and informative:xxgrinning--00xx3:.

Just as an aside, the time spent in UK as the holder of Fiance(e) visa CAN be used as residence when applying for British Citizenship. :xxgrinning--00xx3:

[Msbelinda]

Thanks everyone for the kind reply.

From what you've been saying it looks like I need to wait until June 2013. I pretty much got all my papers ready and I passed all the test I need, just counting days and watching clock right now. that's why I hoping it would be sooner

Thank you so much everyone for the help... It helps a lot.:smile: