when is the earliest possible time for me to apply for ILR?

[ann_barnett]

Hello I am back again... I have a question...

When is the EARLIEST possible time for me to apply for ILR? On what particular date can I apply the 28 days before my 2 qualifying years? Can I apply earlier than 28 OCTOBER 2013?

My spouse visa is effective from 23 November 2011 until 23 February 2014. I arrived here in the UK on 25 November 2011.

Please advise. Thank you and God bless everyone.

[Terpe]

Hello I am back again... I have a question...

When is the EARLIEST possible time for me to apply for ILR? On what particular date can I apply the 28 days before my 2 qualifying years? Can I apply earlier than 28 OCTOBER 2013?

My spouse visa is effective from 23 November 2011 until 23 February 2014. I arrived here in the UK on 25 November 2011.

Please advise. Thank you and God bless everyone.

There is no definitive answer.
UKBA state 28 days in advance.
If you apply any earlier then here's what UKBA state:-

In this type of situation, normal operational procedure is to exercise discretion and consider the application as if the full period had been completed, but the applicant would be expected to show that they fully meet all the requirements of the rules applicable

This seems very vague to me.

How much extra advance are you looking for?

I'm guessing that you want to beat the date of 28 October for the new English Language test ???

If this is correct, you'd need to be a little careful and really understand what UKBA actually consider Date of Application.

Be aware of the UKBA discretion used "to show that they fully meet all the requirements of the rules applicable".
You may get caught out if UKBA feel you've only applied earlier as a way of circumventing rules.
I very much doubt they'd refuse, just send back your application as outside time limits but retain your fee.

If it wasn't for the new rules coming into action on the 28th October I would have said UKBA may just hold onto your application until it can be processed under immigration rules. But that's not really applicable in this case as your application would then be non-compliant on 28th October.

I really can't say anything. I leave it to you now you have all the facts.

Concerning application dates here's what UKBA state:-

What is the date of your application? (Applying by post or courier from inside the UK)
If you send your application form and application fee by post, the date of application is the date of posting. This is decided by the postmark. If the postmark is illegible or missing, the date of postage is taken as being at least 1 day before it is received by us.

If you send your application form and application fee by courier, the date of application is the date when it is delivered to our payment handling service.

What is the date of your application? (Applying in person inside the UK)
If you are applying in person at one of our public enquiry offices, your application date will be the date when you attend the public enquiry office to make your application and pay your application fee

If it was me, I'd just bite the bullet and get the new English Language B1 test pass.

Whatever your final decision good luck

[ann_barnett]

Hi Terpe,
Thank you very much for your very informative reply.

I am enrolled now for ESOL 3/L1.