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SET(M) ILR application timings , help needed

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

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hab
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SET(M) ILR application timings , help needed

Post by hab » Wed Jul 17, 2013 4:42 pm

I got the Spouse visa valid from: 20-05-2011

valid until :20-08-2013

and I entered the UK on : 07-09-2011

How soon can I apply for the ILR?

I have plans to apply in premium service before 28 days of 2 years i.e on 12th August 2013 , but i wont be having visa after 20 August 2013.

My husband is British Citizen.

do i need to apply for FLR(M) before applying for ILR??


[/b]

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Post by Amber » Wed Jul 17, 2013 4:46 pm

The 12th August 2013 is fine, the form is set(m). I would suggest applying with the Settlement Checking Service (click) and saving your money.
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hab
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Post by hab » Wed Jul 17, 2013 6:07 pm

I would need the residency card urgently, how long will this checking service take?

I am calling them over and over again and no reply from their Brent office.

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Post by Amber » Wed Jul 17, 2013 6:56 pm

Recent applications took 3 weeks but you must allow up to 6 months. You get all your documents back with the SCS but if you need your BRP urgently then the premium service may be more appropriate.
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hab
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Post by hab » Thu Jul 18, 2013 12:46 pm

I have got another confusing reply from some legal service provider...


please have a look,
"""Thank you for your enquiry.

I note that you delayed your entry to the UK for more than three months after the issue of your visa. You would therefore not qualify to apply for ILR on 12th August 2013, should you consider using premium service. It is therefore advisable to submit a FLR(M) application for further leave to remain in the UK as a spouse of a person present and settled in the UK. You may qualify for a further probationary period of 2 years if all the requirements under the rules are met. Thereafter, it is open to you to apply for settlement as soon as you have completed an aggregate of 2 years of probationary period (adding together the initial period of leave as spouse and the necessary number of months from the second probationary period).""""

I am now confused between FLR(M) or SET(M ) form...

Please could you provide me with some Home office enquiry no which is not 08 number..to seek some advice

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Re: Which application to file FLR(M) or SET (M)??

Post by vinny » Thu Jul 18, 2013 1:55 pm

hab wrote:Hi
I have a query to make regarding the visa application form to file

after receiving the Spouse visa for 27 months, I delayed my journey and reached UK after 3 months and the “valid until” date on my visa is reaching before completing 2 years in the UK, but after 1 year and 28 days criteria to file the SET(M)visa application

do I need to apply for an extension of stay to complete the 2-year period
before applying for indefinite leave to remain on form SET(M).

An application for an extension of stay must be made on form FLR(M)
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Post by Amber » Thu Jul 18, 2013 2:04 pm

If you are paying a legal advisor why are you coming on here, you must doubt their 'expertise'?
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Post by ryan2020 » Thu Jul 18, 2013 2:51 pm

D4109125 wrote:The 12th August 2013 is fine, the form is set(m). I would suggest applying with the Settlement Checking Service (click) and saving your money.
How settlement checking service save you money. Please explain.
thanks

hab
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Post by hab » Thu Jul 18, 2013 3:06 pm

No , I am not paying any legal advisor, Its just an introductory email they sent me, and since it was contradicting your point of view. I mention my confusion.

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Post by Amber » Thu Jul 18, 2013 3:16 pm

ryan2020 wrote:
D4109125 wrote:The 12th August 2013 is fine, the form is set(m). I would suggest applying with the Settlement Checking Service (click) and saving your money.
How settlement checking service save you money. Please explain.
thanks
Because a PEO premium service is more expensive than SCS.
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hab
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Post by hab » Thu Jul 18, 2013 3:57 pm

D4109125 wrote:The 12th August 2013 is fine, the form is set(m). I would suggest applying with the Settlement Checking Service (click) and saving your money.
I assume that I would have to write a personal statement that would defend the duration between the eligibility time for ILR i.e 7th Sept 2013 and the Visa Until time i.e 20-Aug 2013.

How can I do that?

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Post by Amber » Thu Jul 18, 2013 4:13 pm

hab wrote:
D4109125 wrote:The 12th August 2013 is fine, the form is set(m). I would suggest applying with the Settlement Checking Service (click) and saving your money.
I assume that I would have to write a personal statement that would defend the duration between the eligibility time for ILR i.e 7th Sept 2013 and the Visa Until time i.e 20-Aug 2013.

How can I do that?
Statement for what?

You can apply from 28 days before your 2 year probationary period has been qualified.
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Post by Casa » Thu Jul 18, 2013 4:22 pm

Exactly. In fact you can apply 28 days before the 7th September...the 2nd anniversary of the date you entered the UK. i.e 8th of August

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Post by Amber » Thu Jul 18, 2013 5:28 pm

I think it would be from the 10th August 2013.
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Post by hab » Tue Jul 23, 2013 11:42 pm

I have a query for English language requirement.

I have taken IELTS back in 2011 for the spouse visa, do i need to take ielts test again this time ?

I also have UK NARIC approving certificate for the bachelors degree? will it serve the purpose?

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Post by Amber » Wed Jul 24, 2013 2:55 am

You need to meet the KOLL requirements (click) for settlement.
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Post by hab » Wed Jul 24, 2013 8:42 am

Dear Immigration board members,
I have called the Home Office, Croydon center and discussed my case with them and they specifically asked me to fill out the FLR(M ) form instead of ILR, They also have given me the reference of their website

the excerpt is

" If you delayed your entry to the UK

If you were given a visa in this category but you then delayed your travel to the UK by up to 3 months, you can apply for settlement using application form SET(M) shortly before your visa expires. Provided you meet all the other requirements, we will put your application on hold until you have completed your 5 year qualifying period in the UK.

If you were given a visa in this category but you then delayed your travel to the UK by more than 3 months, you will need to apply using application form FLR(M) for a further probationary period of 5 years. If we give you a further probationary period and you meet all the other requirements for settlement (including the knowledge of language and life), you will be able to apply for settlement as soon as you have completed a total of 5 years' probation (adding together your time spent in the UK under your visa and the necessary number of months from your second probationary period)."

I am now applying for FLR(M), although I have life in UK test passed certificate(which i did to apply for ilr) but still i need to prove the English language skills for FLR(m) with either the NARIC certificate or IELTS document which is expired but were used when I applied for the first time spouse visa

Whats your take on this?

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Post by Amber » Wed Jul 24, 2013 10:00 am

I have given my opinion, I don't know why you keep going to different sources then asking what shall I do? It seems futile.
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