Indefinite leave to remain family route

[gentle_man317]

Form SET(M) says:

You must apply before the end of your authorised stay in the UK, but not more than 28 days before completing that period. If you apply earlier than that, your application may be refused.

Clarification:

These paragraphs are being incorrectly interpreted by applicants all the time as they do not know the context at all. The earliest date of ILR eligibility is within 28 days of completing your 60 months in the UK. That is when you can be granted ILR. Note that the visa expiry is irrelevant.

In the past, applicants could apply for a same-day decision (in the old UKVI premium visa centres), so the date of application and the date of the decision were effectively the same. In those circumstances, if such a person applied earlier than the date above, they would not be eligible for ILR on that date, hence their application could be refused. So if you are not eligible on the date of the ILR decision, then this could be problematic.

This is no longer an issue as you are required to apply online now and your application is NOT decided until after your biometrics is enrolled. So the date of application and the date of the decision are no longer on the same day. Given that your lawful residence is calculated on the date of ILR decision, the date of application is no longer that critical anymore and most applicants could continue to accumulate lawful residence until the day UKVI is about to make a decision on their ILR. The date of the ILR decision is therefore the most important date and this date almost always will be AFTER the date of application and the biometrics.

With the above in mind, the note that reminds you that you could be refused if you apply early is not that alarming.

You can learn more here: Applicants can benefit from the date of the ILR decision

Zimba,I hope u r very well and thanks for your help to the forum members.

I need ur advice as i'm confusing about when I can apply for ILR as my second spouse visa extention will end at 10 Nov 2025(5 years route).I tried to understand some subjects in the forum but I couldn't.Thanks in advance.

[zimba]

You need to have your own post for your own queries. I separated your query into its own post, with added context.

So what is specifically confusing to you regarding my explanation above ??

[gentle_man317]

You need to have your own post for your own queries. I separated your query into its own post, with added context.

So what is specifically confusing to you regarding my explanation above ??

Thanks zimba.I confused about 28 days BEFORE OR WITHIN what exactly,.my first arrival to uk was on 12 March 2021 and applied for extention and got it and will expire on 10 Nov 2025.So what is the time i can apply for ILR?

[zimba]

The earliest date of ILR eligibility is (12 March 2021 + 5 years - 28 days). That is the earliest date on which you can be granted ILR. You may apply on or before that as advised above.

[gentle_man317]

The earliest date of ILR eligibility is (12 March 2021 + 5 years - 28 days). That is the earliest date on which you can be granted ILR. You may apply on or before that as advised above.

Many thanks zimba for your answer.So 12 March +5years=12 March 2026 -28 days=12 Feb 2026.Is this correct? and my resident permit will expire on 10 Nov 2025 so i have to apply before my permit will expire?

[zimba]

Yes

[gentle_man317]

Yes

Huge thanks zimba.