ILR Eligibility

[vin05]

Hi All
I like to know when I will be eligible for ILR

My History
Came to UK : Jan 2011 ( Post Study work dependent)
Tier 1 Dep: Jun 2011 - Jun 2016 (Tier 1 General Dep)
Applied ILR - Jun 2016 - 2017 (Application pending)
Varied the App to SET M 2017 - 2018 (Application pending)
Husband Visa refused - so mine
Appeal 2018 - Nov 2020
Husband ILR approved, My SET m is pending.

All the application was on time

Question:
I will be completing my 10 years in January 2021 can I apply for SET LR in December? (28 days before provided SET M is pending)
I heard SET M will Reset my counter to Zero is that correct?
If I get my SET M will I still be eligible for ILR in January.

Some lawyer is suggesting me to Vary the application now to FLR M to bridge the 1 month gap to my 10 years, and then vary it again to FLR LR in January I am not sure about this, any suggestions?

Regards

[vin05]

Sorry I am not able to edit the question:

But the application I applied was FLR M not SET M in 2017.

[seagul]

Hi All
I like to know when I will be eligible for ILR

My History
Came to UK : Jan 2011 ( Post Study work dependent)
Tier 1 Dep: Jun 2011 - Jun 2016 (Tier 1 General Dep)
Applied ILR - Jun 2016 - 2017 (Application pending)
Varied the App to SET M 2017 - 2018 (Application pending)
Husband Visa refused - so mine
Appeal 2018 - Nov 2020
Husband ILR approved, My SET m is pending.

All the application was on time

Question:
I will be completing my 10 years in January 2021 can I apply for SET LR in December? (28 days before provided SET M is pending)
I heard SET M will Reset my counter to Zero is that correct?
If I get my SET M will I still be eligible for ILR in January.

Some lawyer is suggesting me to Vary the application now to FLR M to bridge the 1 month gap to my 10 years, and then vary it again to FLR LR in January I am not sure about this, any suggestions?

Regards

As per above scenario if the appeal against the FLRM application was made in time which is still pending then on completion of your 10th years minus 28 days, you can vary into set lr.

[vin05]

Thanks

But what if the result comes before my 10 Years eligible period, will I still qualify for 10 years? or I have to be on FLR M on another 5 years?

Shall I listen to advice of first varying to FLR FP and later varying it again to FLR LR when 10 years get completed? I was not sure about this suggesstion.

Regards

[seagul]

Thanks

But what if the result comes before my 10 Years eligible period, will I still qualify for 10 years? or I have to be on FLR M on another 5 years?

In case of having positive decision obviously you can proceed to SET LR without spending another 5 years on flrm

Shall I listen to advice of first varying to FLR FP and later varying it again to FLR LR when 10 years get completed? I was not sure about this suggesstion.

Regards

That advice shouldn't be inconsiderated which can indeed be effectual depending on the outcome and the timing of the pending application.

[vin05]

Hi

My Immigration history

Came to UK PSW Dep: Jan 2011
PSW Dep: Jan 2011 - Jun 2011
Tier 1 Dep: Jun 2011 - Jun 2016
Applied ILR: Jun 2016 ( On time)
Vary to FLRM: Mar 2017
Spouse Visa Refused : Mar 2018
So mine
Appeal: Mar 2018 -Nov 2020

Won Appeal in Nov - Spouse got ILR
Mine is still pending.

Questions:
I am completing 10 years in Jan - Can I now vary my application to SET LR 28 Days before?
Do i need to write Life in UK again? I have a copy of previous one (2016)
What document do i need to submit along with the application?
Master certificate
Passport All Pages
List of all absences in last 10 Years
Life in the UK
any thing else?

[zimba]

You do NOT have a pending application to vary to something else, you only have a pending appeal. You must withdraw the appeal and apply for a new ILR application which will render you as an overstayer and I do not suggest that.

Aren't you waiting for a decision on your SET(M) application or is it FLR(M) ?? If it is FLR(M), I suggest waiting for it to be granted before applying for SET(LR). LIUK never expires

[vin05]

Hi Zimba

We won the appeal in November, But yes my decision is still pending.

Overstayer means I cant work?

But If I get my Positive FLR M result, when can I apply for ILR?

[vin05]

Hello

Can you please double check this for me? I am very confused.

Some lawyers are suggesting I can vary as I won the appeal and that means my current application is back to FLR M which is pending.

Thanks

[zimba]

Hello

Can you please double check this for me? I am very confused.

Some lawyers are suggesting I can vary as I won the appeal and that means my current application is back to FLR M which is pending.

Thanks

You should wait for FLR(M) to be granted and then apply for SET(LR). This is the best approach to avoid complications and headaches.
The lawyers are saying that because technically the long residence ILR is a human rights application and therefore your appeal and your SET(LR) application can proceed in parallel. You have won the appeal, so I say choose the safe option.


See Example scenario 4 here: https://assets.publishing.service.gov.u ... 3.0ext.pdf