ILR 28 days vs Application Date rules

[uhd4k]

Hi all,

It seems we got caught by a weird rule that I don't know or understand. ILR application was rejected for not having yet spent 60 months (5 years in the country). Here are the historical dates:

- LTE Application: 21 March 2019
.........Outcome Date: 4 April 2019
- Extension Application: 30 September 2023
.........Outcome Date: 10 October 2023
- IRL application: 30 March 2024 <-- deemed invalid due to not meeting the 5-years rule

Gov.UK states "The earliest you can apply is 28 days before you’re eligible". If they used LTE application date (21st March 2019), the application would not have been invalidated. It seems either they used the Outcome Date (4th of April) or they did not apply the 28-days rule. Or is there a hidden rule I have missed?

What I am trying to establish is:
1- Why we got rejected?
2- When do we meet the dates so we can apply again?

[meself2]

But why would they use application date?

The fact that a person applied for a UK visa from overseas does not give them any basis for legal stay in UK until the visa is granted.

Also, different visas have different rules from when ILR period starts - what visa were you applying under?

[CR001]

What is the exact immigrarion history and visa categories applied for an granted?

Your previous posts suggest she was on a pbs dependent visa. Did she switch to flr m spouse visa at any point!?

Which form dis you use to apply for her ilr, SET O or SET M?

What is the exact wording of the letter rejecting the application?

[uhd4k]

What is the exact immigrarion history and visa categories applied for an granted?

Your previous posts suggest she was on a pbs dependent visa. Did she switch to flr m spouse visa at any point!?

Which form dis you use to apply for her ilr, SET O or SET M?

What is the exact wording of the letter rejecting the application?

Hi, thanks for the reply. History of my posts here can be confusing as I asked questions for other people as well. Here are the answers to your questions:

- History: Both applied for LTE and came to the UK as "PBS Dependent". After the extension, status became "Spouse/Partner Leave to Remain" and "Dependent Leave to Remain".

- SET M

- Key part of the response: You do not have enough leave under Appendix FM of the Immigration rules. Additionally, you have extant leave until 10 April 2026. Please see your Immigration history below (Please note: Tier 1 leave does not count as qualifying time under Appendix FM of the Immigration rules, this is a separate route to Settlement).

[uhd4k]

It's the "SET M", isn't it?

[CR001]

You cannot combine pbs dependent and flr m spouse visa time to make up 5 years for ILR.

She needs 5 years flr m spouse visa OR 5 years pbs dependent.

Set M is for spouse visa holders afyer 5 years

Set O is for pbs dependents afyer 5 years

[uhd4k]

Makes sense. We were advised the Set O for the extension was not possible because I already had ILR at the time of application, so we had to go the Set M way. I think that advice was incorrect, but I am not sure. But it is what it is. We're going nowhere anyway and thankfully they are refunding the cost. See you in 2 and 1/2 years time for some ILR advice Until then you take care.

[CR001]

There was no need to switch her visa category after you got ilr. She could have simply continued extending her pbs dependent visa till she qualified for ilr in Set O, which is for ilr not an extension.

[uhd4k]

There was no need to switch her visa category after you got ilr. She could have simply continued extending her pbs dependent visa till she qualified for ilr in Set O, which is for ilr not an extension.

Yeah. I realised that. As I said, we got the wrong advice. It is what it is, and life goes on. Thanks for the help though.

[uhd4k]

There was no need to switch her visa category after you got ilr. She could have simply continued extending her pbs dependent visa till she qualified for ilr in Set O, which is for ilr not an extension.

Hi. I had some thinking and would like your thoughts on 2 questions, please.
1- Is it possible to switch back to PBS in the next extension?
2- Assuming the answer to 1 is yes, would we be able to add the older PBS and new PBS times together towards the 5-year? or do they have to be continuous?

[lolo2]

Edit: case cited.

[uhd4k]

If you switch visa categories again the clock also resets to zero. I'd suggest staying in the current category until the time for ILR arrives.

Interesting.

[zimba]

Any time spent under any dependant/partner visa counts under the skilled worker route.
It also may be possible to switch back
Direct ILR via SET(O) is now possible: viewtopic.php?t=350308#p2176294

[uhd4k]

Any time spent under any dependant/partner visa counts under the skilled worker route.
It also may be possible to switch back
Direct ILR via SET(O) is now possible: viewtopic.php?t=350308#p2176294

Interesting. I read the thread you shared. So please allow me to put my context to it and get your thoughts :

- My partner and kid had 4 years and 6 months on Set(O)
- Extension for 2 years and 9 months was obtained on Set(M), and that was a bad move for sure
- 9 months have been consumed off the Set(M) Extension so far.
- If we apply for an extension today under Set(O) and we get that extension the week after, then the clock would pick up from 4 years and 6 months, and 6 months later we should be able to apply for ILR on Set(O).
Is this understanding correct?

[zimba]

SET(O) or SET(M) are simply ILR forms that cover various ILR paths. It isn't meaningful to say they had residence under SET(O) or SET(M). Your dependant held visas under the skilled worker dependant partner route and then switched to the partner of a settled/British person route. Both are partner routes.

As you read the immigration rules which I shared in the link above, the rules under skilled worker DO NOT CARE about the type of residence of the dependant over the 5 years as long as the 5 years was spent as a partner of P (the main application i.e. YOU). It only matters that they currently must be under the skilled worker dependant visa (as per paragraph SW 39.2.) to benefit. Hence the need to switch back.

They must apply for a new visa under the skilled worker dependant route first to switch and then they can apply to settle using form SET(O)
Direct ILR via SET(O) is now possible: viewtopic.php?t=350308#p2176294

[uhd4k]

They must apply for a new visa under the skilled worker dependant route first to switch and then they can apply to settle using form SET(O)

So to reflect what you said in my context, If we apply for a new extension today under SET(O), and if we get approval in a week's time, we can immediately apply for ILR because the sum of Set(O) (4 years and 6 months) and Set(M) (9 months) is above the 5-year threshold. Am I understanding you correctly?

[zimba]

Again, extension under SET(O) is meaningless.
Yes. If they secure a skilled worker dependant visa (I think it is possible as per the rules), then they can easily settle using form SET(O)

[uhd4k]

Again, extension under SET(O) is meaningless.
They need to apply and get a skilled worker dependant visa (I think it is possible as per the rules) and then they can easily settle using form SET(O)

Ok. Then I do not understand what "skilled worker visa" means. I am not even sure a kid can apply for it. My wife and kid applied under Set (M) as partner of Tier 1 Global Tealent and then we extended under Set(O). These are categories that show on the application form. Any link to educate myself on the "skilled worker visa" thing?

[zimba]

SET(O) or SET(M) are simply ILR forms that cover various ILR paths. It isn't meaningful to say they had residence under SET(O) or SET(M). Your dependant held visas under the skilled worker dependant partner route and then switched to the partner of a settled/British person route. Both are partner routes.

As you read the immigration rules which I shared in the link above, the rules under skilled worker DO NOT CARE about the type of residence of the dependant over the 5 years as long as the 5 years was spent as a partner of P (the main application i.e. YOU). It only matters that they currently must be under the skilled worker dependant visa (as per paragraph SW 39.2.) to benefit. Hence the need to switch back.

They must apply for a new visa under the skilled worker dependant route first to switch and then they can apply to settle using form SET(O)

You are using some ILR form name as if it is a visa route. The form you use to apply for ILR is not the name of the visa route. Those ILR forms are quite generic and cover many visa routes, so they are just names given to them. e.g SET(O) simply means 'Settlement Ordinary' which is an ILR form. It is NOT a visa route

You dependnats will apply under skilled worker dependant visa route (partner or child)
Read here: https://www.gov.uk/skilled-worker-visa/ ... d-children

[uhd4k]

You are using some ILR form name as if it is a visa route. The form you use to apply for ILR is not the name of the visa route. Those ILR forms are quite generic and cover many visa routes, so they are just names given to them. e.g SET(O) simply means 'Settlement Ordinary' which is an ILR form. It is NOT a visa route

You dependnats will apply under skilled worker dependant visa route (partner or child)
Read here: https://www.gov.uk/skilled-worker-visa/ ... d-children

Thanks for the reply. So If I understood you right, they will need to apply to switch to "Skilled worker dependant visa", and once the switch is obtained, THEN they would apply for ILR. Two independent applications with 2 sets of fees, waiting times, etc. Right?

[zimba]

The switch is actually not needed at all as per the current guide. Direct ILR via SET(O) is now possible

The skilled worker rules allow you to include the time spent under the partner of a settled person (family route) too. They simply need to apply using form SET(O) and make sure to select the 'Tier 1 dependant' route.
Note that to benefit from the rules, you need to do this and try not to worry about their current visa under the family route. So the form SET(M) should NOT be used in this instance even though they are currently under the family route, because ILR under the skilled worker route is applied via form SET(O)

The guide says:

If the lead applicant has settlement on the basis of long residence (including where they have subsequently naturalised as British citizens) provided they held leave under the relevant PBS route at the time when they settled, their partner can extend their permission or gain settlement as a dependant under these routes.

If the partner has switched into the partner of a settled person category they can apply for settlement without having to switch back to the relevant route. For more information relating to partner of settled person see Appendix FM guidance.

https://www.gov.uk/government/publicati ... ing-period

[uhd4k]

They simply need to apply using form SET(O) and make sure to select the 'Tier 12/skilled worker dependant' route.

Apply for what, please? ILR?

[zimba]

Yes

[uhd4k]

They simply need to apply using form SET(O) and make sure to select the 'Tier 2/skilled worker dependant' route

Understood! Please Excuse my simplistic question about the 2nd part of your comment. I just want to make things clear in my mind.

My visas and ILR were obtained in the "Tier 1 Exceptional Talent" category. Never been on Tier 2. Does my family still have to apply under "Tier 2/skilled worker dependant" route as stated above? or should it be under "Tier 1 dependent"?

[vinny]

Your family members

Your partner and children can apply separately at a later date, for example if they’re not eligible yet. They can continue to extend their visa as your tier 1 dependant, even after you get indefinite leave to remain.

SET(O).