ILR SET M form submission date clarification

[fishermanfish]

Hello,

My partner was on Tier 1 and got British Citizenship in 2017.I got my first dependant visa in 2016 and then FLR (M) visa renewal in 2018, now its time to apply for ILR and its a bit confusing from the documents on UKVI website and as per my understanding I should apply for Set (M) and NOT Set (O) - is my understanding correct?
I can see similar post but just want to be 100% sure. Apologies for the repeat post

Thanks,

[AmazonianX]

Since currently on Flrm, SET(M) is your ILR form.

[CULLINAN]

Hello,

My partner was on Tier 1 and got British Citizenship in 2017.I got my first dependant visa in 2016 and then FLR (M) visa renewal in 2018, now its time to apply for ILR and its a bit confusing from the documents on UKVI website and as per my understanding I should apply for Set (M) and NOT Set (O) - is my understanding correct?
I can see similar post but just want to be 100% sure. Apologies for the repeat post

Thanks,

I got my first dependant visa in 2016 and then FLR (M) visa renewal in 2018

Was your first dependent visa PBS dependent OR spouse visa?

Assuming your husband already had ILR in 2016 and your first visa was spouse visa.

If you have completed 5 years minus 28 days on spouse visa since you entered in UK, then follow as @AmazonianX said.

[fishermanfish]

Hello,

Yes it was after my partner's ILR and was a spouse visa. So i will follow up the Set M process. Thanks for the help.

Regards

[fishermanfish]

Hello,

Do I need to have Life in UK test result before I submit ILR SET M application on UKVI website and take an appointment? or can I book the appointment and take the test before attending the appointment?

Thanks,

[srsw]

Hello,

Do I need to have Life in UK test result before I submit ILR SET M application on UKVI website and take an appointment? or can I book the appointment and take the test before attending the appointment?

Thanks,

You can do either way, but if you get an appointment after a day or two (due to cancellations or just lucky to get one soon) but unable to book your LITUK exam before your appointment then you will be in trouble. Best to book LITUK test and based on the date you book your biometrics appointment.

I hope that makes sense.

Edit: You need to submit LITUK reference number in the application so unless your current visa is expiring in next few days, best to finish exam first and then submit your application and book biometrics appointment.

[fishermanfish]

Hello,

I am eligible to apply for ILR on 15th Feb 2021, I paid and submitted my application today and looking to book the UKVCAS appointment on or after 15th Feb 2021 - is this okay or should I revoke the application as I am only eligible from the 15th Feb? The application is considered only after submitting to UKVCAS or the clock start when I paid for the application?

Can these applications be cancelled and get a refund before the biometrics/UKVCAS?

Thanks,

[CULLINAN]

Date of application is the date you pay and submit online. Technically you have applied earlier. However, make sure you book a biometrics appointment when you complete full 60 months from date of first entry in UK- to be on the safe side.
Also add the guidance in the cover letter:

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

https://assets.publishing.service.gov.u ... 2.0ext.pdf

[fishermanfish]

Thank you for your reply.

The concern we have is that we cannot book an appointment until we submit the form. What if we submit our form on the 15th Feb and cannot get an appointment in time for visa expiry for document submission with Steria? We plan to submit the documents post 15th Feb.

Also - can we cancel the appointment? Would you please be able to provide the link.

Regards

[fishermanfish]

Just to reiterate we havent uploaded or provided any documents.

[CULLINAN]

Thank you for your reply.

The concern we have is that we cannot book an appointment until we submit the form. What if we submit our form on the 15th Feb and cannot get an appointment in time for visa expiry for document submission with Steria? We plan to submit the documents post 15th Feb.

Also - can we cancel the appointment? Would you please be able to provide the link.

Regards

Date of application is what matters. If you apply in time i.e. before visa expiry then you are covered by Section 3C, visa expiry is irrelevant in this case, biometrics date is irrelevant.


You apply via UKVI and then book biometrics and provide documents via UKVCAS. Do not mix both.

You mean cancel your application?

https://www.gov.uk/cancel-visa

You have two options now, 1st as stated in my previous post or withdraw application. Make an informed decision as you wish.

[fishermanfish]

Thanks again..however on some other posts there have been similar cases and different response like: indefinite-leave-to-remain/applied-for- ... 96038.html

Its confusing as to if i wait until the 60 months and cannot find an appointment for next few weeks then obviously I am out of time. totally understand your point of view about date of application too

[CULLINAN]

Date of application is the date you pay and submit online. Technically you have applied earlier. However, make sure you book a biometrics appointment when you complete full 60 months from date of first entry in UK- to be on the safe side.
Also add the guidance in the cover letter:

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

https://assets.publishing.service.gov.u ... 2.0ext.pdf

If your deadline to biometrics (i.e. 45 working days after submission) does not cover your full 60 months, then obviously you will have to withdraw and apply later when you qualify to minimise the risk.

Date of application is what matters. If you apply in time i.e. before visa expiry then you are covered by Section 3C, visa expiry is irrelevant in this case, biometrics date is irrelevant

Since you already applied early, you should book biometrics only when you qualify now. You are covered by Section 3C as you applied before visa expiry.

[fishermanfish]

Thank you. the date for UKVCAS appointment is valid till 5th March 2021 which is in the period of 60 Months - 28 days. As mentioned before I am eligible on the 15th Feb 2021 as per the rules

[CULLINAN]

What is your first date of entry in UK?

[fishermanfish]

15th March 2016 was the day of first visa approval (FLR M)

[CULLINAN]

15th March 2016 was the day of first visa approval (FLR M)

Ideally you should have applied online ONLY from 15th March 2021 minus 28 days. Once you make an in-time application then visa expiry is irrelevant as you are protected by Section 3C. You could have booked an appointment within 45 working days even if it was after visa expiry - would have take you to April for biometrics deadline.

Now the issue is you applied early and your biometrics deadline takes you to 5th March at max. But you complete 60 months on 14th March.

Lets say if you book biometrics on 4th March and your decision is made on 6th March - the CW could argue that you have not completed 60 months (this is always not the case - but thats why it is advised to book an appointment only when you complete 60 months (so a decision can not be made before that) especially because family route specifically mentions 60 months eligibility).

[fishermanfish]

yes makes sense. i will get the application cancelled now but is there a way to confirm if a refund will be provided if you know?

online guidance says it will but is there a way to get a confirmation?

[CULLINAN]

yes makes sense. i will get the application cancelled now but is there a way to confirm if a refund will be provided if you know?

online guidance says it will but is there a way to get a confirmation?

Refund should be processed as long you have not submitted biometrics. Also, if you have valid leave, you can cancel/withdraw and reapply when you are eligible. Due to corona, refunds may take longer to process.

[fishermanfish]

no haven't submitted documents or biometrics and have not booked the appointment as well so looks good for refund. Although the refund process seems a bit disconnected from the application process. thanks for your help.