I am trying to establish the date when I can apply for ILR under the following conditions



30/10/2020 - Letter received from UKVI for leave to enter on spousal visa

Granted leave to enter as Partner (Standard) from 03/11/2020 until 03/08/2023 ( 33 Months )



Arrived in UK on 20/01/2021 to collect BRP (Collected late During Covid Period as difficult to travel )


Initial BRP valid from 03/11/2020 until 03/08/2023 ( 33 Months )



Extension FLR(M) Granted from 03/08/23 until 08/02/2026 ( 30 Months )



On some immigration sites it states



The earliest possible application date for ILR is 28 days before the five-year anniversary of being given leave to enter the UK rather than the date of actual entry to the country. This means the time taken between being issued a visa and coming to the UK is included. However, if this time was more than 90 days then this will not be included and the anniversary date/qualifying period should be based from the date of entry to the UK. You should apply for ILR before your visa expires.

Can you please advise if that means that I can apply 28 days before 03/11/2025 and qualify for the 5 year residence requirement even if I apply for the priority service and a decision is made after 5 days from 07/10/2025



Thanks

For ILR, you can apply no earlier than 28 days before your 5 year anniversary of arriving in the UK on your spouse/unmarried partner visa. So, if you arrived 17th June 2015, your 5 year anniversary is 17 June 2020 and you can apply 28 days before that.

If you arrived in the UK on 20 January 2021 you can apply 28 days prior to your 5 year anniversary of this date.

Thanks for that

Really difficult to get proper advice

Immigration Lawyer advised

The earliest possible application date for ILR is 28 days before the five-year anniversary of being given leave to enter the UK rather than the date of actual entry to the country. This means the time taken between being issued a visa and coming to the UK is included. However, if this time was more than 90 days then this will not be included and the anniversary date/qualifying period should be based from the date of entry to the UK. You should apply for ILR before your visa expires.

I take it that you are advising that he got it wrong

Yes I believe he is..... The criteria for ILR is 60 months (5 years) of continuous living in the UK, not from when visa (or vingnette) is issued.

Your current visa expires 8 Feb 2026,so applying for ILR 28 days prior to your entry date of 20 Jan 2021 is valid.

OK thanks for the correct advice
Just one more question
I can apply 28 days before 20/01/2026
If I apply for priority service 28 days before 20/01/2026 and get a decision 5 days later then time from Date of entry to decision date is less than 5 years
Will that have an impact

Not as far as I am aware.

Are you sure you can get priority service for ILR? - from my search it's only super priority for ILR ...

Hi

Yes you are quite correct - can only get standard or super priority for ILR
Regarding the 28 days I came across the following in the immigration rules CR 6.1. The continuous residence periods in CR 2.1., CR 2.2. and CR 2.2A. will be calculated by counting back from whichever of the following dates is the most beneficial to the applicant:
(a) the date of application; or
(b) any date up to 28 days after the date of application; or
(c) the date of decision; or
(d) for a person applying for settlement on the UK Ancestry route, the date of their last grant of permission.

Looks kike clause b caters for a quick decision within the 28 days

Thanks for your help

The advice you received would be correct if you held a work visa, but not a spouse/partner visa, and it's 180 days, not 90.