SET M/ ILR Marriage - Absence during initial 33 months
Posted: Mon Nov 14, 2022 11:24 am
Hello,
The applicant had limited leave to enter [spouse] (valid from: 11th October 2017 / Expiring on 18th July 2020). Date arrived in UK 18 November 2017 under para D-ECP.1.1.of Appendix FM
FLR (M) made on 2nd July 2020. Granted 30 months ON 26 Nov 2020 under para. D-LTRP1.1. of Appendix FM
My understanding is my partner is eligible to apply for settlement/ILR on as she has held leave to remain for 60 months (initial entry 18 Nov 2017) [28 days prior = 20 Oct 2022]
Potential issue Relates to ;
E-ILRP.1.3. (1) Subject to subparagraph (2), the applicant must, at the date of application, have completed a period of continuous residence in the UK of at least 5 years (60 months) with the following:
(a) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1; or
(b) limited leave to remain as a partner granted under paragraph D-LTRP.1.1; or
(c) a combination of leave under (a) and (b).
During the initial period of leave, my partner lived and worked abroad due to her work with UNHCR. These absences were explained in full at point we applied to extend.
‘Good reasons could include time spent overseas in connection with the applicant’s or their partner’s work, holidays, training or study’.
Since the further leave ON 26 Nov 2020under para. D-LTRP1.1. of Appendix FM, the applicant has lived and worked in the UK. Taking in to consideration;
- No absence limit (Family visa)
- Leave in category of 60 months, albeit not continuously resident for the full 60 months.
- Absences are for good reason
My view is that we should be granted ILR. Am I correct in my assessment?
The applicant had limited leave to enter [spouse] (valid from: 11th October 2017 / Expiring on 18th July 2020). Date arrived in UK 18 November 2017 under para D-ECP.1.1.of Appendix FM
FLR (M) made on 2nd July 2020. Granted 30 months ON 26 Nov 2020 under para. D-LTRP1.1. of Appendix FM
My understanding is my partner is eligible to apply for settlement/ILR on as she has held leave to remain for 60 months (initial entry 18 Nov 2017) [28 days prior = 20 Oct 2022]
Potential issue Relates to ;
E-ILRP.1.3. (1) Subject to subparagraph (2), the applicant must, at the date of application, have completed a period of continuous residence in the UK of at least 5 years (60 months) with the following:
(a) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1; or
(b) limited leave to remain as a partner granted under paragraph D-LTRP.1.1; or
(c) a combination of leave under (a) and (b).
During the initial period of leave, my partner lived and worked abroad due to her work with UNHCR. These absences were explained in full at point we applied to extend.
‘Good reasons could include time spent overseas in connection with the applicant’s or their partner’s work, holidays, training or study’.
Since the further leave ON 26 Nov 2020under para. D-LTRP1.1. of Appendix FM, the applicant has lived and worked in the UK. Taking in to consideration;
- No absence limit (Family visa)
- Leave in category of 60 months, albeit not continuously resident for the full 60 months.
- Absences are for good reason
My view is that we should be granted ILR. Am I correct in my assessment?