Timing your application for Indefinite Leave to Remain (ILR) is crucial to ensure a seamless transition from your current UK visa, like the Spouse Visa or Skilled Worker Visa, to ILR status. ILR typically requires you to have spent a specific period, usually five years, residing continuously in the UK, depending on your current visa. However, it’s essential not to apply too early or too late. Applying after your visa expires could lead to complications or rejections.
The optimal time to apply for ILR is 28 days before completing your 5-year or 10-year qualifying period in the UK. For instance, if you are on a Spouse Visa or Skilled Worker Visa, you should apply for ILR 28 days before reaching the five-year mark of your continuous residence. The 28-day period allows for the processing time and helps prevent potential overlaps that could disrupt your continuous stay. Bear in mind any absences from the UK shouldn’t exceed 180 days in any 12 months during the qualifying years. Any breaches of this requirement could affect your application negatively. If there are significant absences, you might want to consider a visa extension rather than an application for ILR. If in doubt, contact us, and we’ll be happy to help.
In essence, the appropriate time to apply for ILR is just before you reach your qualifying residence period (either 5 years or 10 years Long Residence) while your current visa is still valid. This strategy ensures you maintain continuous legal residence and brings you one step closer to securing your ILR status.