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Varying ILR submission (what is the process?)

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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mantony
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Set M requirements (Do i qualify?)

Post by mantony » Fri Aug 07, 2020 5:46 pm

Hi all

I came into the country in 2010, Married my wife who I started dating in 2004 from Nigeria. Our wedding was in 2011 here in the UK.

She settled in the UK in 2017 and did her conversion earlier this year (2020) so now British. I switched to become her dependant using the FLRM form in 2018 the visa expires next week and i want to know if I should submit an FLRM extension or submit a SETM form.

Do I qualify given I am on a 5 year route but we have lived together since 2010 when i came into the country? or should I just apply with the FLRM and do an ILR in October when I am due for the 10 year route?

Many thanks

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CR001
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Re: Set M requirements (Do i qualify?)

Post by CR001 » Fri Aug 07, 2020 5:50 pm

I came into the country in 2010, Married my wife who I started dating in 2004 from Nigeria. Our wedding was in 2011 here in the UK.
What is your full UK immigration history??
She settled in the UK in 2017 and did her conversion earlier this year (2020) so now British. I switched to become her dependant using the FLRM form in 2018 the visa expires next week and i want to know if I should submit an FLRM extension or submit a SETM form.
You need 5 years residnece on FLR M visa before you can apply for ilr.
Do I qualify given I am on a 5 year route but we have lived together since 2010 when i came into the country?
No. It is not about living in the country with your partner. It is about holding the correct category of visa, ie FLR M.
or should I just apply with the FLRM and do an ILR in October when I am due for the 10 year route?
When does your current visa expire?
Char (CR001 not Casa)
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mantony
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Nigeria

Re: Set M requirements (Do i qualify?)

Post by mantony » Fri Aug 07, 2020 5:59 pm

Thanks CR001

What is your full UK immigration history??
I came in as a student in 2010 - applied for a PSW in 2012 - at which point my wife became my dependant, - switched to a Enterprenuer visa in 2015 - then switched to FLR in 2017.


No. It is not about living in the country with your partner. It is about holding the correct category of visa, ie FLR M.
I think i did the application in 2017 as FLRO as there wasnt FLRM back then and the FLRO covered for spousal visa.

When does your current visa expire?
in 10 days (19th)

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CR001
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Re: Set M requirements (Do i qualify?)

Post by CR001 » Fri Aug 07, 2020 6:05 pm

No, FLR O is a different visa category and rules completely.

https://www.gov.uk/government/publicati ... -form-flro

FLR M has been in place since at least 2010.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

mantony
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Re: Set M requirements (Do i qualify?)

Post by mantony » Fri Aug 07, 2020 6:11 pm

Oh ok. Not sure about the details regarding that one. However, I got a spouse/partner leave to remain.

Would I have been issued a spousal visa on FLRO?

if so, does it matter now?

Altogether what are my options?

Many thanks

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CR001
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Re: Set M requirements (Do i qualify?)

Post by CR001 » Fri Aug 07, 2020 6:14 pm

Would I have been issued a spousal visa on FLRO?
No. FLR o was basically leave outside the immigration rules.
if so, does it matter now?
Yes it does matter. What visa hold and for how long is hugely Dependent on when you can apply for ilr based on 5 years residnece. You can't mix visa categories for ilr on set m based on 5 years residence.
Altogether what are my options?
You need to check what your approval letter said and look back to see if you can find any email or copies of what you submitted.
Char (CR001 not Casa)
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seagul
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Re: Set M requirements (Do i qualify?)

Post by seagul » Fri Aug 07, 2020 6:15 pm

mantony wrote:
Fri Aug 07, 2020 5:46 pm
or should I just apply with the FLRM and do an ILR in October when I am due for the 10 year route?

Many thanks
Simply apply FLRM extension where your biometrics appointment might be significantly delayed and if your case remain undecided then vary into long residence - ILR.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

mantony
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Varying ILR submission (what is the process?)

Post by mantony » Wed Sep 02, 2020 11:54 am

Hi all,

I entered into the UK September 2010 as a student on a student visa. In 2012, I extended my stay with a post study work visa and again applied for an entrepreneur visa in 2014 which was issued in 2015. At the time for the renewal of the entrepreneur visa (2017), I switched to being independent of my wife on the family route (FLRM) which expired in June 2020. I made an extension application with the FLRM back in June during the coronavirus lockdown.
As I have applied before the expiration of my last visa, I am sure I am satisfied my continued legal stay. Now, I will be due for the long residency set LR by the end of September 2020. I am sure this is show would not have been made by then giving the current timelines and the impact of coronavirus therefore I am hoping to vary my application to an ILR on the October 1, 2020.

1. Can we confirm to me that I am right to do this.

2. If I am right what are the processes and procedures. I.e. what do I do? and in what order?
Is there a need for any supporting documents like cover letters et cetera.

If you have done this before kindly respond itemising the steps you took and if you can, sample documents.

Many thanks

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CR001
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Re: Varying ILR submission (what is the process?)

Post by CR001 » Wed Sep 02, 2020 12:04 pm

1. Can we confirm to me that I am right to do this.
You can vary. You have to apply for ILR and pay the fees. You can't just write to UKVI and state you are varying for example. The online form should have a question about if you have a pending application.

https://www.gov.uk/government/publicati ... procedures
2. If I am right what are the processes and procedures. I.e. what do I do? and in what order?
Is there a need for any supporting documents like cover letters et cetera
You can include the mandatory SET(LR) minimal documents and a cover letter yes.
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.

mantony
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Re: Varying ILR submission (what is the process?)

Post by mantony » Wed Sep 02, 2020 12:23 pm

Thank you CR001

So there is no technicalty to it other than completing a new application online and indicate that I have a pending application?

I also have questions about the initial application date. How does this affects or impact the new application?

Is it also okay to apply before the 10 year date? I am asking these because I read somewhere that UK VI can use the date of decision. So if I apply a week early would this be fine?

Many thanks again

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Re: Varying ILR submission (what is the process?)

Post by seagul » Wed Sep 02, 2020 3:19 pm

mantony wrote:
Wed Sep 02, 2020 12:23 pm
Thank you CR001

So there is no technicalty to it other than completing a new application online and indicate that I have a pending application?

I also have questions about the initial application date. How does this affects or impact the new application?

Is it also okay to apply before the 10 year date? I am asking these because I read somewhere that UK VI can use the date of decision. So if I apply a week early would this be fine?

Many thanks again
https://www.gov.uk/government/publicati ... procedures
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

mantony
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Posts: 14
Joined: Fri Aug 07, 2020 5:33 pm
Nigeria

Re: Varying ILR submission (what is the process?)

Post by mantony » Wed Sep 23, 2020 12:43 pm

Hi Gurus

I am about varying my application, and HO is asking for the reference number of the other application. The only numbers I have from HO are the unique application number on the form that was submitted eg "1174-0005-0599-xxxx/00", and the reference I got from their validate email which is 8 digits long and no alphabet before it eg "PLEASE QUOTE REF: 241xxxxx IN ANY CORRESPONDENCE".

Please, which of these references is referred to in the application.
Many thanks

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CR001
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Re: Varying ILR submission (what is the process?)

Post by CR001 » Wed Sep 23, 2020 1:09 pm

mantony wrote:
Wed Sep 23, 2020 12:43 pm
Hi Gurus

I am about varying my application, and HO is asking for the reference number of the other application. The only numbers I have from HO are the unique application number on the form that was submitted eg "1174-0005-0599-xxxx/00", and the reference I got from their validate email which is 8 digits long and no alphabet before it eg "PLEASE QUOTE REF: 241xxxxx IN ANY CORRESPONDENCE".

Please, which of these references is referred to in the application.
Many thanks
How are you varying the application?

You need to make an online SET(LR) application if that is what you mean by 'varying' and you have to pay the fees etc. The online form will ask if you have a pending application.
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.

mantony
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Joined: Fri Aug 07, 2020 5:33 pm
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Re: Varying ILR submission (what is the process?)

Post by mantony » Wed Sep 23, 2020 1:20 pm

Many thanks CR001

I am varying from FLRM to Set (LR)

I am varying 7 days early, and yes the online form asks me if I have a pending application to which I said yes and then the next question asked for the reference number. Since I have those numbers for the FLRM application, I am not sure which one to use.

Also, send them applying 7 days early, am I allowed to put 10 years when it asks how long have you lived in the UK?

Many thanks

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