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Set (m) question. 2year route of 5-year route

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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EdenRose
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Set (m) question. 2year route of 5-year route

Post by EdenRose » Thu Apr 16, 2015 3:11 pm

I've got a question and hoping someone on this forum can assist:

I came into the UK in November 2004 as a partner of my husband who was a student at that time. I switched into PBS dependant then partner of a Work Permit holder. My husband attained Permanent Residence in July 2013 on the Long Residence Route. Soon after, I applied and was granted flr(m).

My question is, do I qualify for set(m) now? Do I apply under the 2-year route or the 5-year route. In terms of maintenance, my salary is £18,500 per annum. My husband is not in permanent work but does agency work as and when with an average wage of £600 per month. We have 2 dependent children and we have been married and living together for the past 10 years.

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Casa
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Re: Set (m) question. 2year route of 5-year route

Post by Casa » Thu Apr 16, 2015 3:27 pm

Read through the following link to see if you qualify to apply now for ILR under the long residence rule, where all UK unbroken legal residence qualifies.
https://www.gov.uk/long-residence/overview
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

sud315
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Re: Set (m) question. 2year route of 5-year route

Post by sud315 » Thu Apr 16, 2015 9:26 pm

I think you can apply in 2 years.
July 2012 rule says any dependent visa after July 2012, ILR clock get reset and he/she needs to be here 5 yrs to apply ILR
But as you were on dependent visa before then, so I think you are fine for the 2 year route!

sud315
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Re: Set (m) question. 2year route of 5-year route

Post by sud315 » Thu Apr 16, 2015 9:30 pm

EdenRose wrote:I've got a question and hoping someone on this forum can assist:

I came into the UK in November 2004 as a partner of my husband who was a student at that time. I switched into PBS dependant then partner of a Work Permit holder. My husband attained Permanent Residence in July 2013 on the Long Residence Route. Soon after, I applied and was granted flr(m).

My question is, do I qualify for set(m) now? Do I apply under the 2-year route or the 5-year route. In terms of maintenance, my salary is £18,500 per annum. My husband is not in permanent work but does agency work as and when with an average wage of £600 per month. We have 2 dependent children and we have been married and living together for the past 10 years.
Can I also quickly check something please
so after your husband's ILR, is it flr (m) that you applied (so this I believe is for dependent of settled person)?
For this was english the only requirement? No life in the Uk test?
(I recently applied for my ILR that's why. Many thanks to you)

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CR001
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Re: Set (m) question. 2year route of 5-year route

Post by CR001 » Thu Apr 16, 2015 9:34 pm

@sud315 - LIUK is only required for ILR and citizenship.
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Casa
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Re: Set (m) question. 2year route of 5-year route

Post by Casa » Thu Apr 16, 2015 9:42 pm

All unbroken legal residence counts towards ILR under a long residency application. i.e the clock isn't reset when switching category.
"Settlement can be granted under paragraphs 276A-276D of the Immigration Rules after a period of 10 year’s continuous lawful residence."
https://www.gov.uk/long-residence/eligibility
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

EdenRose
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Re: Set (m) question. 2year route of 5-year route

Post by EdenRose » Fri Apr 17, 2015 5:35 pm

Thank you all for your help. I def qualify for ilr (long residence). Just that it doesn't have the same day PEO option + i've heard horror stories about massive delays with the postal long residence applications so I was considering applying under set(m)

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Casa
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Re: Set (m) question. 2year route of 5-year route

Post by Casa » Fri Apr 17, 2015 6:22 pm

You are now able to apply for long residence ILR at a PEO (now renamed Premium Service Centre) but the fee is £1900, which is £400 more than postal application fee.
https://www.gov.uk/long-residence/overview
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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