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URGENT HELP. I applied for ILR based on the visa start date in my passport.

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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AceofSpade
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URGENT HELP. I applied for ILR based on the visa start date in my passport.

Post by AceofSpade » Thu Sep 05, 2024 2:48 pm

Set M Passport

Visa Vignette date: 21/May/2019
BRP Card Date of Issue: 15/May/2019
Entry to the country: 12/June/2019

Bio: 10/May/2024

Hello, it seems from the comments I’ve read that I applied for the visa too early. I haven’t received a response yet, but I’m a bit panicked because there are less than 28 days left on my current visa. What should I do? Has anyone had experience with this before? Thank you

vinny
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Re: URGENT HELP. I applied for ILR based on the visa start date in my passport.

Post by vinny » Thu Sep 05, 2024 3:16 pm

Your qualifying period for SET(M) started from your initial date of entry on your partner visa. However, if you have already completed the 5-year qualifying period for ILR, then an early in-time date of application doesn’t matter anymore. Don’t worry.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

AceofSpade
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Re: URGENT HELP. I applied for ILR based on the visa start date in my passport.

Post by AceofSpade » Sun Sep 08, 2024 5:58 pm

Hi vinny thank you for your response

I didn’t quite understand what you meant. I have completed the 5-year period from the date the visa was issued. If we take it from the date of entry into the country, it seems that I applied 10-15 days earlier than the earliest application period. The strange thing is, I spoke with 3-4 solicitors, and they all said it wouldn’t be an issue and that I applied correctly, but on this website, I’ve read lots of messages from people whose applications were rejected or who were placed in the 10-year route.

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zimba
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Re: URGENT HELP. I applied for ILR based on the visa start date in my passport.

Post by zimba » Mon Sep 09, 2024 12:57 am

I doubt you can point out any specific case on the forum.
You need to understand how lawful residence is accumulated here: Applicants can benefit from the date of the ILR decision
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

AceofSpade
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Re: URGENT HELP. I applied for ILR based on the visa start date in my passport.

Post by AceofSpade » Mon Sep 09, 2024 11:04 am

Hi, thank you very much for your response.

My visa is SET (M). Are the criteria you mentioned also valid for SET (M)
Last edited by AceofSpade on Mon Sep 09, 2024 11:08 am, edited 1 time in total.

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zimba
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Re: URGENT HELP. I applied for ILR based on the visa start date in my passport.

Post by zimba » Mon Sep 09, 2024 11:34 am

AceofSpade wrote:
Mon Sep 09, 2024 11:04 am
Hi, thank you very much for your response.

My visa is SET (M). Are the criteria you mentioned also valid for SET (M)
The way lawful residence is accumulated does not change. This has nothing to do with your immigration route
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

AceofSpade
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Re: URGENT HELP. I applied for ILR based on the visa start date in my passport.

Post by AceofSpade » Mon Sep 09, 2024 3:27 pm

zimba wrote:
Mon Sep 09, 2024 11:34 am
AceofSpade wrote:
Mon Sep 09, 2024 11:04 am
Hi, thank you very much for your response.

My visa is SET (M). Are the criteria you mentioned also valid for SET (M)
The way lawful residence is accumulated does not change. This has nothing to do with your immigration route
Thank you very much, Zimba. I hope I will be one of the examples you quote for SET (M) in the future. :) One thing came to my mind: what would have happened if I had applied 10 days earlier and applied for priority? After all, I wouldn’t have met the 5-year requirement on the day the decision was made

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zimba
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Re: URGENT HELP. I applied for ILR based on the visa start date in my passport.

Post by zimba » Mon Sep 09, 2024 4:19 pm

You should be within 28 days of completing your 5 years, on the date of decision !
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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