ILR Earliest Application Date: from date of entry or date of visa approval? SET(M)

[toesfingers]

Hi,

I've seen two different responses to people asking the question 'when can I apply' for the ILR SET-M visa?

Does the 5-year continuous residency qualifying period start from the date of entry into the UK OR the date of visa approval date? i.e. which of these is correct?

1) You can apply no earlier than 5 years minus 28 days from the date of entering the UK on the initial spouse visa.
2) You can apply no earlier than 5 years minus 28 days from the date of entry clearance visa issue.

I think it's 2, from the date of entry clearance visa issue. So in other words, my wife was granted entry clearance on December 1st 2018, and entered the UK on December 10th, 2018. She meets the 5 year continuous residency requirement on December 1st 2023 (the date her entry clearance visa was issued) and she can submit her SET-M application up to 28 days before December 1st 2023. Is this correct?

Thank you.

[CR001]

I've seen two different responses to people asking the question 'when can I apply' for the ILR SET-M visa?

Unlikely. You have probably seen dependent questions, but not necessarily all for Set M.

Does the 5-year continuous residency qualifying period start from the date of entry into the UK OR the date of visa approval date? i.e. which of these is correct?

1) You can apply no earlier than 5 years minus 28 days from the date of entering the UK on the initial spouse visa.
2) You can apply no earlier than 5 years minus 28 days from the date of entry clearance visa issue.

Number 1. It starts from the date you ENTERED the UK on a Spouse visa (not a fiance visa)

I think it's 2, from the date of entry clearance visa issue. So in other words, my wife was granted entry clearance on December 1st 2018, and entered the UK on December 10th, 2018. She meets the 5 year continuous residency requirement on December 1st 2023 (the date her entry clearance visa was issued) and she can submit her SET-M application up to 28 days before December 1st 2023. Is this correct?

No, it is calculated from the date of ENTRY to the UK.

Entry clearance date applies to a completely different visa category applying on form Set O.

[toesfingers]

Thank you for clarifying. So many confusing and contrasting rules! It's a minefield. Very grateful for this forum.

[toesfingers]

Hi for the items of correspondence as proof of cohabitation, I have 4 documents addressed jointly and 4 addressed individually covering 3 sources as follows:

November 2023 Council Tax Bill (Joint)
October 2023 Yorkshire Water Bill (Joint)
July 2023 Bank Statement (Applicant)
July 2023 Bank Statement (Sponsor)
March 2023 Council Tax Bill (Joint)
February 2023 Yorkshire Water Bill (Joint)
November 2022 Bank Statement (Applicant)
November 2022 Bank Statement (Sponsor)

I have tried to spread the documents evenly over the past 2 years. However, the one thing I'm a bit uncertain about is that our council tax and water bills are very close together (separated by 1 month). We only have water and council tax bills in joint. Do you think the above will be OK?

[AmazonianX]

If this is the best you can come up with, provide what you got, wouldn't be an issue.

[toesfingers]

Hi,

This question in the SET-M application form has thrown me slightly:


Time spent outside the UK

Since you started living in the UK have you spent time outside the UK?
(Required)
Do not include holidays of 2 weeks or less. Include any periods of time you have spent on the Isle of Man, Jersey or Guernsey.


I have spent one holiday outside the UK in the past 5 years. That single holiday was for a duration of 20 days (2 weeks and 6 days). I will provide the information on the application form. However, because it's asking for anything over "2 weeks" it's made me question if:

a) does this break the 5-year continuous period?
b) does this impact the date I submit the application? i.e. 5 years minus 28 days is not impacted by a holiday exceeding 2 weeks?

I think the answer is no to both, but as mentioned that question has thrown me a bit - please can someone help me confirm the above?

Thank you.

[CR001]

a) does this break the 5-year continuous period?

No. There is NO absence limit for spouse visa holders.

b) does this impact the date I submit the application? i.e. 5 years minus 28 days is not impacted by a holiday exceeding 2 weeks?

No!

[toesfingers]

That was a fast reply - literally 1 minute!
As always -thank you.

[toesfingers]

For this question, I can see others are confused by it too.

Your Home Office reference number
Do you have any Home Office reference numbers? (Required)
If you have previously made an application to remain in the UK, you can find a reference number on letters from the Home Office, called 'Our Ref' or 'Case ID'. If not known, select 'No'.

The only reference number I have is from the very first spouse visa, which granted 'Leave to Enter' as PARTNER (STANDARD). On the letter it has 'Our Ref' followed by UKVI and 9 digits of this format UKVI xx\xxxxxxx. I provided this reference on the previous visa application (SPOUSE/PARTNER LEAVE TO REMAIN). I'm guessing I should provide this again for consistency unless anyone can advise differently.

[zimba]

Select No

[toesfingers]

Thank you.

I've completed the application form (draft). However, for step 4/7 of the online SET-M application, documents, I was a bit confused by this:

"A P60 for the relevant period(s) of employment relied upon."

P60s are issued in April, so it doesn't cover the past 6 months (financial requirement). Or does it mean to provide the last two P60s covering the whole 2.5 years? i.e. 2022 and 2023 P60s?

Could anyone help advise me, please?

[Ticktack]

Thank you.

I've completed the application form (draft). However, for step 4/7 of the online SET-M application, documents, I was a bit confused by this:

"A P60 for the relevant period(s) of employment relied upon."

P60s are issued in April, so it doesn't cover the past 6 months (financial requirement). Or does it mean to provide the last two P60s covering the whole 2.5 years? i.e. 2022 and 2023 P60s?

Could anyone help advise me, please?

You can't provide what you don't have, so yeah provide the ones you have. 2021-2022 and 2022-2023, your letter from work would show that you're still in employment for the unforeseeable future.

[toesfingers]

Hi,

I have all my documents ready, I'd really appreciate it if someone could please help me check that I haven't missed anything or made a mistake on the below list?

Mandatory
1) Applicant passport (all pages scanned)
2) Declaration signed by partner

Other

1. The degree certificate to prove the level of English language required
2. Spouse passport (all pages scanned)
3. Council tax bill – evidence of tax costs for the accommodation in the UK:
   
   • 02/11/2023 Council tax bill
   • 06/03/2023 Council tax bill
   • 21/09/2022 Council tax bill
   • 07/03/2022 Council tax bill
4. Mortgage statements – evidence of monthly housing costs for the accommodation in the UK:
   
   • Mortgage Statement 11/2023
   • Mortgage Statement 11/2022
5. Marriage certificate
6. Evidence of living together (spread over 2.5 years).
   
   1. Four items of correspondence in joint names:
      • 11/2023 Council tax bill
      • 02/2023 Water bill
      • 09/2022 Council tax bill
      • 02/2022 Water bill
   2. Two items of correspondence addressed to applicant:
      • 07/2023 Bank statement
      • 11/2021 Bank statement
   3. Two items of correspondence addressed to spouse:
      • 06/2022 Bank statement
      • 07/2021 Bank statement
7. Applicant previous passport (no need, older than 5 years)
8. Applicant previous BRP
9. Applicant current BRP
10. Signed contract of employment (spouse)
11. Letter from the employer (spouse)
12. Personal Bank Statements (spouse):
    
    • July 2023
    • August 2023
    • September 2023
    • October 2023
    • November 2023
    • December 2023
13. Payslips (spouse):
    • July 2023
    • August 2023
    • September 2023
    • October 2023
    • November 2023
    • December 2023
14. P60 (spouse) 2022-2023
15. P60 (spouse) 2021-2022

Also, I have a couple of other questions:
- The employment letter was issued by one of the company's HR officers. The letter has the address and contact email, but not a contact number. There was a section on the application form to add the employer's contact number, so I assume it does not matter that the letter is missing the contact number, right?

- The contract of employment is dated within the last 5 months due to a promotion and a new contract being issued. Do I need to provide the previous contract (the contract prior to promotion)? I am guessing not because the letter confirms the start date and that was more than 6 months ago.

Thank you.

[CR001]

Contract of employment and P60s are not required.

Previous BRP is not required.

[toesfingers]

Strange, I don't see an option to choose priority or super-priority?

Also, is it really up to 6 months? Bit nervous about this. My visa expires in 3 months. Also, I don't want to be stuck unable to travel for up to 6 months. Did anyone manage to get priority service?


Select a service from the options below. You will not be able to change this after you have submitted your application.
(Required)

Standard service : pay 2885.00 GBP, most people get a decision within 6 months of submitting their on-line application
UK Visas and Immigration will contact you if it will take longer to process your application.

[zimba]

Online Application - Why there is no Super Priority Service Option ?

[CR001]

Strange, I don't see an option to choose priority or super-priority?

Also, is it really up to 6 months? Bit nervous about this. My visa expires in 3 months. Also, I don't want to be stuck unable to travel for up to 6 months. Did anyone manage to get priority service?

5 Day Priority Service is not available for Set M applications.

[toesfingers]

Thank you both for the fast reply. That's really helpful. I didn't expect that, I had assumed priority would be available like last time. I was all ready to submit and then hit this snag. I guess I'll just have to keep checking back for a super-priority slot.

[toesfingers]

Apologies if this is a silly question, but for step 6. Pay

Choose a service
Select a service from the options below. You will not be able to change this after you have submitted your application.
(Required)

Standard service : pay 2885.00 GBP, most people get a decision within 6 months of submitting their on-line application
UK Visas and Immigration will contact you if it will take longer to process your application.

Initially, I thought the priority service option must be on the next page, so I clicked save and continue. I did not submit the application or click the link to World Pay to pay. It landed me on what looks like the step 6 pay confirmation page (I have not progressed to step 7 Further Actions). I clicked back and see the same service option as per above. My question is, by clicking 'save and continue' I haven't disabled my chance of being eligible to select 'super priority' when it's available, have I? i.e. I can keep checking back over the next 48 hours to see if it becomes available for me?

[toesfingers]

Does anyone know what credit card options are available when making payment? Do they accept American Express? I know it's through World Pay, so I'm guessing VISA, MasterCard and American Express are all OK?

[AmazonianX]

Apologies if this is a silly question, but for step 6. Pay

Choose a service
Select a service from the options below. You will not be able to change this after you have submitted your application.
(Required)

Standard service : pay 2885.00 GBP, most people get a decision within 6 months of submitting their on-line application
UK Visas and Immigration will contact you if it will take longer to process your application.

Initially, I thought the priority service option must be on the next page, so I clicked save and continue. I did not submit the application or click the link to World Pay to pay. It landed me on what looks like the step 6 pay confirmation page (I have not progressed to step 7 Further Actions). I clicked back and see the same service option as per above. My question is, by clicking 'save and continue' I haven't disabled my chance of being eligible to select 'super priority' when it's available, have I? i.e. I can keep checking back over the next 48 hours to see if it becomes available for me? Yes

[AmazonianX]

Does anyone know what credit card options are available when making payment? Do they accept American Express? I know it's through World Pay, so I'm guessing VISA, MasterCard and American Express are all OK?

indefinite-leave-to-remain/set-m-ilr-qu ... l#p2133767

[toesfingers]

Hi, I was able to book super priority. Slots became available at exactly midnight. Maybe it's 1am when the clocks go forward (BST)? Also, just like you said in another post - American Express is a payment option.

I'm uploading my documents the SET-M application, but I'm questioning two things:

1) Should I provide the Register of Title and Deeds too?
2) I provided two years of mortgage statements - should I provide three years, so that the mortgage statements cover the entire 2.5 year period?

[toesfingers]

I'm a bit confused. At no point did it provide me a link to download a consent form. The only form, which is mandatory, that is provided was the Declaration for spouses, civil partners, proposed civil partners, Fianc6(e)s, and unmarried partners.

However, for the last application there was a 'Consent for the Home Office to verify application information' form. I wasn't provided this consent form this time. Is this no longer applicable for SET-M?

[AmazonianX]

I'm a bit confused. At no point did it provide me a link to download a consent form. The only form, which is mandatory, that is provided was the Declaration for spouses, civil partners, proposed civil partners, Fianc6(e)s, and unmarried partners.

However, for the last application there was a 'Consent for the Home Office to verify application information' form. I wasn't provided this consent form this time. Is this no longer applicable for SET-M?

Go with what it asked you for. IMHO it seems HO realising some of these are unnecessary repetition of same thing.
And if anything is missing they will most likely request for it by email.