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When to apply for ILR (SET M)

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Michael2018
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Ireland

When to apply for ILR (SET M)

Post by Michael2018 » Tue May 21, 2019 12:07 am

Hello folks, my wifes FLR (M) visa expires in September. However she will have been resident in the UK as a spouse 5 years in June. Can my wife apply for ILR now or does she have to wait until 28 days before her current visa expires?

Thanks

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Casa
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Re: When to apply for ILR (SET M)

Post by Casa » Tue May 21, 2019 12:35 am

Your wife can apply for ILR no earlier than 28 days before she reaches 5 years of residence from the date she entered the UK. This is assuming she entered on a spouse visa and not as a fiancee.
(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.

Crimbo111
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Re: When to apply for ILR (SET M)

Post by Crimbo111 » Thu May 23, 2019 1:05 pm

Casa wrote:
Tue May 21, 2019 12:35 am
Your wife can apply for ILR no earlier than 28 days before she reaches 5 years of residence from the date she entered the UK. This is assuming she entered on a spouse visa and not as a fiancee.
Thought to pick this up rather than creating a new topic ....

Similar question about Qualifying period where entry clearance was through Fiance visa; 2 FLR (M) issued, and the current one expires in Sep.

How does qualifying period work?
1) Date of first entry clearance into UK (that would be 10th July - and making it exact 5 years to be in UK)
2) 28 days before the current FLR (M) expiry (that would make 5 years , 2 months+ )
3) any other?

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CR001
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Re: When to apply for ILR (SET M)

Post by CR001 » Thu May 23, 2019 1:28 pm

Crimbo111 wrote:
Thu May 23, 2019 1:05 pm
Casa wrote:
Tue May 21, 2019 12:35 am
Your wife can apply for ILR no earlier than 28 days before she reaches 5 years of residence from the date she entered the UK. This is assuming she entered on a spouse visa and not as a fiancee.
Thought to pick this up rather than creating a new topic ....

Similar question about Qualifying period where entry clearance was through Fiance visa; 2 FLR (M) issued, and the current one expires in Sep.

How does qualifying period work?
1) Date of first entry clearance into UK (that would be 10th July - and making it exact 5 years to be in UK)
2) 28 days before the current FLR (M) expiry (that would make 5 years , 2 months+ )
3) any other?
1. You should start your own topic with your circumstances and questions instead of tagging onto other users threads.

2. You start counting from date of FLR(M) visa start date and can apply no sooner than within 28 days prior to that date. Fiance visa does not count towards the residence period for ILR.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Crimbo111
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Re: When to apply for ILR (SET M)

Post by Crimbo111 » Thu May 23, 2019 3:27 pm

1. You should start your own topic with your circumstances and questions instead of tagging onto other users threads.

2. You start counting from date of FLR(M) visa start date and can apply no sooner than within 28 days prior to that date. Fiance visa does not count towards the residence period for ILR.
Thank you for the reply, this is very helpful.

I will certainly follow the guidelines of starting a new topic next time; guessing there will be few while I start the application process

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CR001
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Re: When to apply for ILR (SET M)

Post by CR001 » Thu May 23, 2019 4:09 pm

Crimbo111 wrote:
Thu May 23, 2019 3:27 pm
1. You should start your own topic with your circumstances and questions instead of tagging onto other users threads.

2. You start counting from date of FLR(M) visa start date and can apply no sooner than within 28 days prior to that date. Fiance visa does not count towards the residence period for ILR.
Thank you for the reply, this is very helpful.

I will certainly follow the guidelines of starting a new topic next time; guessing there will be few while I start the application process
You can start a topic and ask all your questions in one thread so that members have the full picture.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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