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FLR(M) to ILR - SET(M) application and biometrics eligibility

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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rp001
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FLR(M) to ILR - SET(M) application and biometrics eligibility

Post by rp001 » Tue Nov 21, 2023 3:30 pm

Hi,

I am planning to apply ILR for a spouse visa but have a query about applying within 28 days of the qualifying period as the application page doesn't state anything about 28 days. ref: https://visas-immigration.service.gov.uk/product/set-m

switched visa to 1st FLR(M) within the UK - start date: 17-12-2018
2nd FLR(M) - expiry date: 04-02-2024

The qualifying period will be (28 days): 20-11-2023, completes 5 years on 17-12-2023


1. Can I apply within 28 days of the qualifying period (17-12-2018 + 5 years - 28 days)?

2. If I apply for super-priority, can I complete the biometrics within the qualifying period(17-12-2018 + 5 years - 28 days)?

3. Do I need to wait for 5 years to complete before I can give biometrics?

4. I don't see anything mentioned on this application page about 28 days https://visas-immigration.service.gov.uk/product/set-m but says that you have completed at least 5 years with leave on that route, quite confused here if I can submit application before completing 5 years.

would anyone kindly help answer these questions, please?

Thank you.

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zimba
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Re: FLR(M) to ILR - SET(M) application and biometrics eligibility

Post by zimba » Tue Nov 21, 2023 4:35 pm

1. Yes
2. Yes. The date of the decision matters the most: How to apply early and benefit from the date of the ILR decision ?
3. No, see link above
4. When it comes to the '28 days concession', the advice is generic. It is not limited to a specific route at all as it applies to ALL the ILR applications as part of the immigration procedures
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

AmazonianX
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Re: FLR(M) to ILR - SET(M) application and biometrics eligibility

Post by AmazonianX » Tue Nov 21, 2023 4:37 pm

The 28days is not a law or rule, it is a concession that's is widely recognised so you may not see it written.

The most favourable date to the applicant will be used as date of decision of application.

rp001
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Re: FLR(M) to ILR - SET(M) application and biometrics eligibility

Post by rp001 » Tue Nov 21, 2023 5:32 pm

Thank you for your reply. If it depends on the date of decision when applied by super priority the decision date after the biometrics (usually decision will be in a day or two after biometrics) will be within the qualifying period - is this still ok?

AmazonianX
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Re: FLR(M) to ILR - SET(M) application and biometrics eligibility

Post by AmazonianX » Tue Nov 21, 2023 5:38 pm

rp001 wrote:
Tue Nov 21, 2023 5:32 pm
Thank you for your reply. If it depends on the date of decision when applied by super priority the decision date after the biometrics (usually decision will be in a day or two after biometrics) will be within the qualifying period - is this still ok?
Won't suggest to use super priority especially when you are not exactly qualified yet. My opinion.

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Re: FLR(M) to ILR - SET(M) application and biometrics eligibility

Post by zimba » Tue Nov 21, 2023 6:37 pm

rp001 wrote:
Tue Nov 21, 2023 5:32 pm
Thank you for your reply. If it depends on the date of decision when applied by super priority the decision date after the biometrics (usually decision will be in a day or two after biometrics) will be within the qualifying period - is this still ok?
Correct. The advice is that you should assume the date of the decision to be on or after the date of your biometrics. So plan accordingly
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

rp001
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Re: FLR(M) to ILR - SET(M) application and biometrics eligibility

Post by rp001 » Tue Nov 21, 2023 7:39 pm

sure, thank you for your help

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