I am asking for a friend of mine, who is the spouse of a British citizen currently on FLR(M).
I am well aware that for someone on the 5-year family settlement route for partners (Appendix FM), they can apply for ILR 28 days before completing 60 months in the UK using the SET(M) form (in this case, the period starts from the actual date of entry into the UK). So if they entered the UK on 15/06/2019, they can submit SET(M) on roughly 18/05/2024. This is stated on the webpage below, and has been witnessed by countless members of the forum:
https://www.gov.uk/indefinite-leave-to- ... amily-visa
I am however wondering if there's a clear statement about the "28 days" concession, somewhere in the guidance? (For example, I know for SET(O) there are clear provisions in the PDF guidance, e.g., the caseworker should consider the application date, decision date, etc... whichever is the latest and most beneficial for applicant)?
In the guidance below:
https://assets.publishing.service.gov.u ... page=10.20
I can find the following:
But obviously this is a typo, and it should be E-ILRP.1.3 to 1.5A instead.Completing a continuous period of 60 months in the UK as a partner
The rules concerning calculating the qualifying period of continuous residence for a
period of 60 months in the UK are set out in paragraphs E-LTRP.1.3. to 1.5A: [...]
Looking at E-ILRP, it only mentions 28 days as below:
But I don't think this has anything to do with the 28 days concession?E-ILRP.1.5A. In calculating the periods under paragraph E-ILRP.1.3., any current period of overstaying will be disregarded where paragraph 39E of these Rules applies. Any previous period of overstaying between periods of leave will also be disregarded where: the further application was made before 24 November 2016 and within 28 days of the expiry of leave; or the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied.
Many thanks in advance for your help!