ILR (Set M) - When to Apply?

[crispy]

Hi. I came here to ask the same question. There is a month difference between our 60-month milestone (22 Feb) and the expiry of the residence card (21 Mar).

From what is being said here, it looks like we can apply as early as 25 Jan (28 days before the 60 month milestone) instead of waiting until 23 Feb (28 days before card expiry). Is that correct?

I'd love to see a citation to official guidance if at all possible.

[CULLINAN]

Hi. I came here to ask the same question. There is a month difference between our 60-month milestone (22 Feb) and the expiry of the residence card (21 Mar).

From what is being said here, it looks like we can apply as early as 25 Jan (28 days before the 60 month milestone) instead of waiting until 23 Feb (28 days before card expiry). Is that correct?

I'd love to see a citation to official guidance if at all possible.

Please continue in your own topic:

indefinite-leave-to-remain/set-m-combin ... l#p1916194

[crispy]

Please continue in your own topic:

indefinite-leave-to-remain/set-m-combin ... l#p1916194

I'd like to but it's locked?

[CR001]

Topics merged.

[crispy]

Hi all,

When is the earliest we can apply for SET(M)?

There is a month of difference between our 5-year milestone (22 Feb) and the expiry date on the residence card (21 Mar).

Can we apply 28 days before the 5-year milestone (which would be 25 Jan) or must we wait until 28 days before the expiry of the card (21 Feb)?

Given the potential for long waits at the moment (and that in normal times we would have used the priority service) we want to apply as early as possible, but we don't want to misinterpret the rules and apply too early.

Thanks.

[vinny]

The guidance, Appendix 1.7 is quite clear, it is either of you or jointly, page 43.

Yes, that's what I mean when I say the rest of the guidance reads as if it's okay to be split across different accounts and different partners. But you're right, it is quite clear. It's the contradiction that concerns me.

On closer inspection, the troubling clause says "the person" rather than than "the applicant" or "the partner" so could apply to either of us. Maybe that's intended. If "the person" refers to either of us, the clause makes sense and is consistent with the rest of the document.

1(a)

(iii) in relation to personal bank statements be only in the name of:
(1) the applicant’s partner, the applicant or both as appropriate; or
(2) if the applicant is a child the applicant parent’s partner, the applicant’s parent or both as appropriate; or
(3) if the applicant is an adult dependent relative, the applicant’s sponsor or the applicant, unless otherwise stated.

[vinny]

I think it’s possible to apply no sooner than 28 days prior to completing the qualifying period in the UK for ILR. However, if there is sufficient leave, then it’s probably safer is to apply as soon as possible after completing the qualifying period and before expiry of leave.

[crispy]

Hi all,

I'm asking this question for a second time. Sorry @vinny, but I don't understand what you just said and one of your links goes to blocked and non-official guidance. Are you out there, @CR001 or @CULLINAN ?

My question:

When is the earliest we can apply for SET(M)?


There is a month of difference between our 5-year milestone (22 Feb) and the expiry date on the residence card (21 Mar).

Can we apply 28 days before the 5-year milestone (which would be 25 Jan) or must we wait until 28 days before the expiry of the card (21 Feb)?

Given the potential for long waits at the moment (and that in normal times we would have used the priority service) we want to apply as early as possible, but we don't want to misinterpret the rules and apply too early.

Thanks.

[CULLINAN]

I think what @Vinny means is: You can apply when you complete 60 months minus 28 days at the earliest. But safer is to apply when you complete the 60 months if you have valid leave till then. You must apply before visa expiry at the latest.

I would suggest to apply when you complete 60 months minus 28 days (at the earliest) but on the safer side book biometrics appointment only when you complete the 60 months. These days biometrics appointments are running at a 28 day lag anyways.

[crispy]

I think what @Vinny means is: You can apply when you complete 60 months minus 28 days at the earliest. But safer is to apply when you complete the 60 months if you have valid leave till then. You must apply before visa expiry at the latest.

I would suggest to apply when you complete 60 months minus 28 days (at the earliest) but on the safer side book biometrics appointment only when you complete the 60 months. These days biometrics appointments are running at a 28 day lag anyways.

Fabulous. Thank you very much ineed!

[crispy]

I think what @Vinny means is: You can apply when you complete 60 months minus 28 days at the earliest. But safer is to apply when you complete the 60 months if you have valid leave till then.

Sorry to ask one last question, but when you say 'safer,' what is the risk exactly? That a case worker would reject our application even though "60 months minus 28 days" is the rule? (I wonder now what was vinny trying to share with me with that link?)

[CULLINAN]

I think what @Vinny means is: You can apply when you complete 60 months minus 28 days at the earliest. But safer is to apply when you complete the 60 months if you have valid leave till then.

Sorry to ask one last question, but when you say 'safer,' what is the risk exactly? That a case worker would reject our application even though "60 months minus 28 days" is the rule? (I wonder now what was vinny trying to share with me with that link?)

The links in @Vinny’s post:

https://www.gov.uk/government/publicati ... rcumstance

https://www.gov.uk/settle-in-the-uk/y/y ... ur-partner

https://www.freemovement.org.uk/section ... g-appeals/

[crispy]

Hi again,

Thanks for all help so far.

I'm trying to find the official guidance notes for the SET(M) process. The last time we did this (for FLRM extension) there was a huge PDF full of detail and checklists. I can't find anything like this.

I get the impression that guidance is offered from WITHIN the online form. Is that correct? I'm afraid to click "apply now" to access the form in case it datestamps our application prematurely. Is it OK to click 'apply now' to access the online form or should I wait until 60 months minus 28 days?

Thanks.

[CR001]

You can do a dummy application, just do NOT click SUBMIT.

[crispy]

Thank you!

[crispy]

Hi,

I just did my periodic check to see if priority service has re-opened yet and I'm delighted to see that it has re-opened for certain visas!

I am unclear on if it applies to ours though? ILR SET(M), 5-year route.

Does anyone know if the service could apply to our ILR route?

Thanks.

[CR001]

Hi,

I just did my periodic check to see if priority service has re-opened yet and I'm delighted to see that it has re-opened for certain visas!

I am unclear on if it applies to ours though? ILR SET(M), 5-year route.

Does anyone know if the service could apply to our ILR route?

Thanks.

It is not available for SET M. The list in the link below are the knot categories it is currently open for.

https://www.gov.uk/faster-decision-visa ... ide-the-uk

[crispy]

Okay, thanks anyway. And good to see that things are moving along.

[crispy]

Concerning the 6 letters and/or documents to our address, this is what the form asks for:

6 letters and/or other documents addressed to you and your partner at the same address to show that you have been living together during the past 2.5 years
You must provide 6 letters or other documents addressed to you jointly or in both your names.
If you do not have enough items in your joint names, you may also provide items addressed to each of you individually, if they show the same address for both of you.

Providing both one letter sent individually to you and one letter sent individually to your partner at the same address is the equivalent of one letter addressed to you jointly.

For example, you can provide 4 items of correspondence in joint names to the same address, 2 items addressed to you at the address, and 2 items addressed to your partner at the address, for a total of 8 items.

If you and your partner have no bills or correspondence in joint names, you will need to submit 12 items (6 each) of correspondence showing that you live at the same address.

We could meet those terms with 6 utility bills and nothing else (our utility bills from Bulb are addressed to both of us).

Last time we did this (for further leave to remain), we had to provide documents from at least 3 different sources. Is that no longer the case?

The form has also not asked for a marriage certificate. Is it correct that this isn't needed?

[crispy]

Further to the above (and this is probably a pretty common query), we are supposed to provide bank statements to prove income and cash savings up to the date of application. The problem is that our date of application will be Feb 23rd and the most recent bank statements will be Feb 6th (so we'll be two weeks short of evidence). Does this matter? Should we also provide a print-out of bank transaction history from between Feb 6 and Feb 23? If so, we can't possibly get it stamped by a bank because of covid. Any advice, folks?

[CR001]

Further to the above (and this is probably a pretty common query), we are supposed to provide bank statements to prove income and cash savings up to the date of application. The problem is that our date of application will be Feb 23rd and the most recent bank statements will be Feb 6th (so we'll be two weeks short of evidence). Does this matter? Should we also provide a print-out of bank transaction history from between Feb 6 and Feb 23? If so, we can't possibly get it stamped by a bank because of covid. Any advice, folks?

Your most recent payslip and bank statement must not be older than 28 days on the date you apply online and pay.

[crispy]

Your most recent payslip and bank statement must not be older than 28 days on the date you apply online and pay.

Cool. So the gap between 6th and 23rd is not a problem? Thank you.

[CR001]

No.

[crispy]

Hello everyone.

Today is the 5-year anniversary of my wife's date of entry into the UK. We are readying ourselves to click submit tomorrow.

- the online form is complete,
- my wife has passed her Life in the UK test and the code has been entered on the form;
- we have met the financial requirement through my wife's employed income and our combined savings.

Here are the documents we have collected for evidence:

- family declaration signed by me;
- my wife's Canadian passport (doubling as proof of English language requirement);
- my passport (as proof of British nationality);
- 12 months of my wife's bank statements;
- 6 months of my bank statements;
- council tax costs 2021;
- tenancy agreement;
- declaration from me about the sources of my cash savings;
- declaration from my wife about the sources of her cash savings;
- all of my wife's previous passports;
- current BRP;
- my wife's contract of employment;
- 12 months of my wife's pay slips;
- attestation of work from my wife's employer;
- 6 letters (addressed to both of us) to prove 2.5 years of cohabiting at our address.

Can anyone identify anything we might have missed?

Thanks again and whatever happens next, thank you for all of the help so far. I look forward to posting a final timeline.

[crispy]

Hi board,

Any input? We're hoping to submit today.

Thanks.