SET M/ ILR Marriage - Absence during initial 33 months

[(FLR (My life))]

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?

[Ticktack]

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?

"Yes", If you fulfil all other conditions.
Your partners absences wouldn't be a problem for ILR. But it would be a problem for citizenship if she doesn't meet the 3 year absence/residency requirements.

[(FLR (My life))]

Many thanks. Yes all other conditions met.
In regards to future naturalisation - she has been 'resident', living and working in UK and on British soil since 24 December 2019. So theoretically, she could apply for Naturalisation on 24th December 2022. Assuming she has ILR (Super Priority application ready to go)

[Ticktack]

Many thanks. Yes all other conditions met.
In regards to future naturalisation - she has been 'resident', living and working in UK and on British soil since 24 December 2019. So theoretically, she could apply for Naturalisation on 24th December 2022. Assuming she has ILR (Super Priority application ready to go)

Looks good to be!

[(FLR (My life))]

Can anyone advise re question on SET (M); This may seem like an obvious question;

Time in the UK?

How long have you lived in the UK?

Should I write;

a) Time since first entered UK on D-ECP.1.1 18/NOV/2017 Answer (5yrs)*

* As this is length of time Partner has held D-ECP.1.1& D-LTRP.1.1
All absences are subsequently explained on the application, and then in a statement/cover letter.

OR

b) Cumulative total of time 'lived in UK'? Answer (3y 2months)*

*Statement/cover letter then argues ILR should be granted despite absences; which are for good reason.


I suspect I am overthinking. Any thoughts?

[AmazonianX]

Can anyone advise re question on SET (M); This may seem like an obvious question;

Time in the UK?

How long have you lived in the UK?

Should I write;

a) Time since first entered UK on D-ECP.1.1 18/NOV/2017 Answer (5yrs)*

* As this is length of time Partner has held D-ECP.1.1& D-LTRP.1.1
All absences are subsequently explained on the application, and then in a statement/cover letter.

OR

b) Cumulative total of time 'lived in UK'? Answer (3y 2months)*

*Statement/cover letter then argues ILR should be granted despite absences; which are for good reason.


I suspect I am overthinking. Any thoughts?

The answer will be based on the date of entry post visa issuance on which this SET M application is based on.