ILR - Time frame to apply

[OnMENogin]

Hi,

I've found really useful information and had some questions answered from this forum in the past 5 years with my wife's Spouse and FLR visas.
There is a great wealth of information and knowledgeable members.

Its now time for her ILR and I keep reading it should be submitted before her 60 month anniversary of arriving on her spouse visa.

So her Spouse visa started on 2nd June 2018 which means her 60 month anniversary is 2nd June 2023.
I have read that she can submit 'not before' 28 days of this anniversary date meaning after 6th May (or so).
What is the latest this ILR can be submitted ?

Her BRP card has an expiry date of 06th Jan 2024.

If i submit after the 2nd June, do I have to explain why we have submitted after the anniversary date ?

Thanks in advance
Darren

[Gary & Nok]

My first question would be, is there any reason why you can't do it now?
If not, the advise "if you can, do it now" is the best advice ever given.

Second question is when does her visa expire?

I am not 100% about this but I would imagine that the date on her visa is the last date she can remain in the UK, and therefore should apply for either FLR or ILR, and not the date on her BRP.
But I do stress that I am not up-to-date on BRPs so hopefully someone will either shoot me down or confirm what I have said.

Depending on the answers above will depend on whether you can submit after the 2nd June or not.

Tom & Nok has great knowledge about this sort of stuff so hopefully he will see this post soon.

[Tom & Nok]

Hello Darren

"...she can submit 'not before' 28 days of this anniversary date meaning after 6th May (or so)" - that's correct, this is the earliest date she can lodge her ILR application;

"Her BRP card has an expiry date of 06th Jan 2024" - that's the date when her current leave to remain in the UK expires, and she must have applied for ILR (or further leave to remain) on or before this date.

"...do I have to explain why we have submitted after the anniversary date ?" - nope, all that is important is that your wife's application for ILR isn't submitted too early or too late, i.e. NOT BEFORE 6th May 2023 and NOT AFTER 6th January 2024.

You can apply for ILR now assuming, of course, that she has passed her Life in the UK (LITUK) test and her UKVI approved SELT at level B1 or higher. Once ILR has been granted, she can then immediately apply for naturalisation/citizenship as the spouse of a UK citizen (and then for her first UK passport once she has undergone the citizenship ceremony).

Your long journey is at last drawing to an end!