When Should You Apply for ILR on a Spouse Visa? Understanding Your Expiry Date
If you arrived in the UK on a spouse or family visa and your eVisa is showing confusing labels and dates, you're not alone. Let's break down what it all means and when you should actually be applying for ILR.
Why Does My eVisa Say "Dependant"?
If you entered the UK as a spouse or partner, your visa category is technically classified as a dependant under the family route. This is normal and does not affect your route to settlement. It simply reflects how your visa was granted — as a family member of a person with status in the UK.
Why Is My Expiry Date More Than 5 Years?
This is a common source of confusion. When the UK moved to eVisas, some visa holders found their displayed expiry dates did not match what they expected. There are a few possible explanations:
- Your visa may have been issued with a slightly later start date than your entry date, pushing the expiry beyond the 5-year mark
- The eVisa system may be displaying your leave expiry differently to how it was originally stamped
The critical date for ILR purposes is not your visa expiry — it is when you complete 5 years of continuous lawful residence in the UK.
When Can You Apply for ILR?
Using your example of arriving on 20 October 2021:
- Your 5-year qualifying period completes on 20 October 2026
- You can apply up to 28 days early, meaning from around 22 September 2026
- You do not need to wait for your visa to expire — you apply when you complete 5 years residence
If your visa expiry is 22 February 2027, you would apply for ILR in September/October 2026, before the visa expires. There is no conflict here — your visa expiry date is simply the outer limit of your current leave.
Key Takeaways
- "Dependant" on your eVisa is normal for spouse/family route holders
- ILR eligibility is based on 5 years continuous residence, not visa expiry
- You can apply up to 28 days before completing 5 years
- If your visa expires after your 5-year mark, you apply for ILR first — no extension needed
If you're unsure of your exact qualifying date, count 5 years from the date you first entered the UK on this visa, and work backwards 28 days to find your earliest application date.