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Spouse Visa FLR (M) 5 year Route - Timescale

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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Sunnydaylana
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Spouse Visa FLR (M) 5 year Route - Timescale

Post by Sunnydaylana » Wed Jan 03, 2018 8:45 pm

Hi guys, I’m posting on this thread as you’ve touched upon absence limit on ILR spouse route. I’ve noticed that there’s a section for absences from the UK on the Application form, does it mean it doesn’t need to be filled in? If it needs to be filled in, how far back should one go?

Many thanks.

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ILR application Questions

Post by Sunnydaylana » Wed Jan 03, 2018 8:54 pm

Hi guys,

I just wanted to ask a question that might be relevant to this discussion. What if I’m a bit paranoid of making a technical mistake, so I’m planning to with a company that will help with ILR and subsequent citizenship application. The fees are quite high, but I’m rhibking maybe it’s worth it.

So the first question is if I go with them, I suppose it’s still me who will be going to the premium service appointment?
Question number two, what the time period between receiving ILR (premium service) and making a citizenship application (spouse is a BRITISH Citizen)? Has anyone done that? Willing to share? I’m just thinking in terms of how long I’ll be without my travel documents from the moment of applying for ILR ( premium) to the moment of hopefully getting naturalised?

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Re: Spouse Visa FLR (M) 5 year Route - Timescale

Post by CR001 » Thu Jan 04, 2018 8:56 am

Can you please refrain from tagging your questions onto other members topic and please familiarise yourself with the forum rules, particularly point 12 in the link below. I have split and merged your two posts to your own topic (this one).

read-me-getting-started-top-25-faqs (click)
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Re: Spouse Visa FLR (M) 5 year Route - Timescale

Post by CR001 » Thu Jan 04, 2018 8:57 am

Sunnydaylana wrote:
Wed Jan 03, 2018 8:45 pm
Hi guys, I’m posting on this thread as you’ve touched upon absence limit on ILR spouse route. I’ve noticed that there’s a section for absences from the UK on the Application form, does it mean it doesn’t need to be filled in? If it needs to be filled in, how far back should one go?

Many thanks.
All absences from the UK for the whole period.
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Re: ILR application Questions

Post by CR001 » Thu Jan 04, 2018 9:02 am

What if I’m a bit paranoid of making a technical mistake, so I’m planning to with a company that will help with ILR and subsequent citizenship application. The fees are quite high, but I’m rhibking maybe it’s worth it.
Your choice but a waste of money in my opinion. It is not that difficult and all you will be is a lot poorer for a person to simply complete a form.
So the first question is if I go with them, I suppose it’s still me who will be going to the premium service appointment?

Yes, you are the applicant, you have to attend the appointment. Assuming you are applying for ILR on form Set(M), your spouse also has to attend with you.
Question number two, what the time period between receiving ILR (premium service) and making a citizenship application (spouse is a BRITISH Citizen)?
You can apply as soon as you get your ILR BRP card, assuming you meet all the requirements for Section 6(2) Spouse of British Citizen application based on 3 years residence. You must have also been physically present in the UK on the same date at the start of the 3 year period as the date you apply for citizenship.
Has anyone done that? Willing to share?
Search and read the forum. 100's of us have been through the process without the help of a 'lawyer' and simply getting advice here.
I’m just thinking in terms of how long I’ll be without my travel documents from the moment of applying for ILR ( premium) to the moment of hopefully getting naturalised?
Premium service is a same day decision application appointment. Why do you think you will be without your travel documents for a period??

For citizenship, you can apply using NCS at the council. You then get to keep all your original documents and you can apply for citizenship and passport at the same time.
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Re: Spouse Visa FLR (M) 5 year Route - Timescale

Post by Sunnydaylana » Mon Jan 22, 2018 3:18 pm

CR001 wrote:
Thu Jan 04, 2018 8:57 am
Sunnydaylana wrote:
Wed Jan 03, 2018 8:45 pm
Hi guys, I’m posting on this thread as you’ve touched upon absence limit on ILR spouse route. I’ve noticed that there’s a section for absences from the UK on the Application form, does it mean it doesn’t need to be filled in? If it needs to be filled in, how far back should one go?

Many thanks.
All absences from the UK for the whole period.
Hi, thanks for your reply. Can I just clarify that for the SET (M) application I will need to specify all absences from the UK? Do they have to be for 2; 2,5; or 5 years?
I travel a lot with Work, shall I get my Work to write a supporting statement I have been away on company business (still on UK payroll). Thank you so much and apologies for posting in the wrong place. I’ll start my own post in due course.

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Re: Spouse Visa FLR (M) 5 year Route - Timescale

Post by CR001 » Mon Jan 22, 2018 3:19 pm

The whole 5 years.

No supporting documents required unless the form specifically asks for it.
I’ll start my own post in due course.
This topic IS your own topic as I split your post.
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Re: Spouse Visa FLR (M) 5 year Route - Timescale

Post by Sunnydaylana » Mon Jan 22, 2018 3:24 pm

CR001 wrote:
Mon Jan 22, 2018 3:19 pm
The whole 5 years.

No supporting documents required unless the form specifically asks for it.
I’ll start my own post in due course.
This topic IS your own topic as I split your post.
I see, thank you. I meant if I have other questions regarding SET (M), shall I still post on this topic or start a new one,

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Re: Spouse Visa FLR (M) 5 year Route - Timescale

Post by CR001 » Mon Jan 22, 2018 3:33 pm

You can continue posting in this topic.
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Re: Spouse Visa FLR (M) 5 year Route - Timescale

Post by Sunnydaylana » Tue Jan 23, 2018 3:03 pm

Hi All,

I really appreciate this opportunity on this forum, it is such a useful place as there is not really much explanation or help available unless one is prepared to pay for immigration advice. I am now preparing my ILR application pack and have a few questions for the starting point of my journey.

My immigration case: British citizen spouse visa dependant (switched from Tier4 student visa) – 5 year route (after 9 July 2012), first leave to remain granted 22 March 2013; extension granted 22 April 2015, expiring 22 April 2018.

1. Correct form to use? SET (O) or SET (M).

I got really confused. After filling out all of the questions (1. What is your situation – partner of a BC; 2. Did they settle before they become a BC – yes; 3.How did they settle – some other way; 4. Relationship – partner; 5. What is your situation – still with the partner)The official website https://www.gov.uk/settle-in-the-uk/y/y ... ur-partner recommends ‘Download and complete application form SET(M) if you’re eligible to apply on the 2-year route.’ It then further states however ‘If you’re a partner on the 5- or 10-year route, the earliest date you’ll become eligible to apply for settlement is June 2017. Check if you can extend your permission instead.’

Does this mean they just haven’t updated these pages yet?

I just wanted to ensure the correct from SET (M) or SET (O)? Here for a similar case CR001 recommends SET (0) indefinite-leave-to-remain/apply-ilr-fa ... 47700.html

2. Appointment booking: There seems to be a real issue with appointment booking for the premium service across all of the centres, with a few people struggling: e.g. this one indefinite-leave-to-remain/premium-appo ... 47441.html and thisone indefinite-leave-to-remain/booking-peo- ... 47233.html I need an appointment for 26th March, when would you recommend to start booking? Or just keep an eye on them? It seems to have been an issue for many people https://www.whatdotheyknow.com/request/ ... ening_time

So based on that would it be worthwhile paying for an immigration advisor to handle my application? They seem to control a lot of the available appointments.

Also is it ok to go on a short business trip right before the leave expiry? It is about a month before the expiry date, I am a bit anxious, but that should be fine, shouldn't it?

3. Absences from the UK. I know I have asked that before, but I want to make sure I get this right, as I know have provided my immigration background / history.

a. Do I need to fill this out?

b. Period of absences to account for?

c. If travel was on business, should I provide a letter from the employer?

d. Should I specify which trips were together with my other half?

e. There is not a lot of space on the form, shall I just photocopy it and proceed on a separate sheet and attach it?

4. Proof of employment. We both work and my other half’s salary is enough to meet the requirements. Shall I still get all paperwork (payslips, HR letter) from my employer? They are still asking whether I am working, but I was wondering whether I need the documents from work if we are relying on my other half to meet the financial requirements.

5. Cohabitation. As you can see from my history my first leave out of the 5 year residential qualifying period was only granted for 2 years (Home Office have possibly made a mistake?) and then we extended in March 2015 for another 3 years. Based on that shall we show cohabitation for the last 3 years? Or just 2 years? I am really confused here.

Thank you all for your help, this forum is fantastic, not only for help and guidance; but also to know that you are not your own.

I am sure I will have more follow up questions as we go along with the application, so I appreciate your support.

Thanks.

P.S. I need to change the title of this thread it seems incorrect 😊

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Re: Spouse Visa FLR (M) 5 year Route - Timescale

Post by CR001 » Tue Jan 23, 2018 3:24 pm

1. It is unclear form your posts what visa you actually hold as you state in your most recent post that you got a 2 year validity visa and then a 3 year validity visa, which means you might be holding a PBS Dependent visa.

It is impossible for anyone to offer advice on which form and requirements you need to meet if you are not clear on exactly what visa you applied for by listing your full immigration history for us, including the category of visas you have applied for and held since coming to the UK.
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Re: Spouse Visa FLR (M) 5 year Route - Timescale

Post by Sunnydaylana » Tue Jan 23, 2018 3:29 pm

CR001

Are there any more spouse visas? What is PBS dependant? My husband is a BRITISH citizen and I switched into visa category in March 2013 and then reneeed in March 2015 (home office should have given for 2,5 years but they gave it for 2 only and then extended for 3 years to accommodate that 6 months shortfall to make it to 5 years).

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Re: Spouse Visa FLR (M) 5 year Route - Timescale

Post by CR001 » Tue Jan 23, 2018 3:40 pm

1. Form Set(M) is the only form you can use to apply for ILR then. The link you have posted where I responded to someone is NOT the same visa that you hold so not the same situation at all.

2. It is too early to book an appointment for 26th March. Appointments are only available to book 42/45 days in advance, sometimes less like only 28 days in advance.

Immigration advisors DO NOT control the appointments. This was the case many years ago, but it is no longer so.

You are fine to travel and return before your visa expires.

3. You need to complete the absences as per what the form asks.

No employment letter required.

Makes no difference who you traveled with.

e) yes, photocopy and keep the two pages together.


4. You can use just one salary and supporting documents if you wish but up to you if you wish to submit your employment documents.

5. Last 2 years.
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Re: Spouse Visa FLR (M) 5 year Route - Timescale

Post by Sunnydaylana » Sun Jan 28, 2018 3:11 pm

CR001 wrote:
Tue Jan 23, 2018 3:40 pm
5. Last 2 years.
Hi CR001, thanks for the response.

I have checked the SET (M) form and the guidance notes and nowhere it says explicitly that the period of absences should be last 2 years. The only place where it is mentioned is the section with the addresses lived at in the last TWO years. That’s the only indication of the period to account for. The HO must publish this information somewhere, otherwise how do the applicants know?

One more quick question, we bought a house, where we have lived for the last two years. I think I have completely forgot that I should have contacted HO to let them know my address, what shall I do know? Shall I let them know of the change of the address now or just apply with the new address details on the form?

Many thanks

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Re: Spouse Visa FLR (M) 5 year Route - Timescale

Post by CR001 » Sun Jan 28, 2018 5:42 pm

Sunnydaylana wrote:
Sun Jan 28, 2018 3:11 pm
CR001 wrote:
Tue Jan 23, 2018 3:40 pm
5. Last 2 years.
Hi CR001, thanks for the response.

I have checked the SET (M) form and the guidance notes and nowhere it says explicitly that the period of absences should be last 2 years. The only place where it is mentioned is the section with the addresses lived at in the last TWO years. That’s the only indication of the period to account for. The HO must publish this information somewhere, otherwise how do the applicants know?

One more quick question, we bought a house, where we have lived for the last two years. I think I have completely forgot that I should have contacted HO to let them know my address, what shall I do know? Shall I let them know of the change of the address now or just apply with the new address details on the form?

Many thanks
Point 5 I answered based on your point 5 question of evidence of cohabitation, where you DID NOT ask about absence.

Point 3 where you asked about absence I have already answered in my reply as point 3!!
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Re: Spouse Visa FLR (M) 5 year Route - Timescale

Post by Sunnydaylana » Mon Jan 29, 2018 3:21 pm

CR001 wrote:
Sun Jan 28, 2018 5:42 pm
Sunnydaylana wrote:
Sun Jan 28, 2018 3:11 pm
CR001 wrote:
Tue Jan 23, 2018 3:40 pm
5. Last 2 years.
One more quick question, we bought a house, where we have lived for the last two years. I think I have completely forgot that I should have contacted HO to let them know my address, what shall I do know? Shall I let them know of the change of the address now or just apply with the new address details on the form?
Thanks for the previous reply, much appreciated. Would anyone please be able to advise on what I should do about the address change situation?

Many thanks

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