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Help! ILR SET (M) or SET (LR)

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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Asia098
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Help! ILR SET (M) or SET (LR)

Post by Asia098 » Thu Aug 29, 2024 4:33 pm

Hi everyone, need desperate help! Time line for clarification:

2013: Arrived in UK on spousal visa
2016: Extended spousal visa
2019: Messed up and instead of applying for ILR, switched visas to FLR FP (I think) on the basis of my child being born in UK
2022: Granted leave as partner of British Citizen on the 5 year route

I applied for ILR under the Settlement-Private Life, SET(P). I received an email from Home Office saying it's unlikely I will be approved since I don't currently have leave under this category and they are giving me until Monday to re summit an application before refusal.

So does my time line mean that I have "reset" my ILR time line by switching from spousal visa to family in 2019? A solicitor online is claiming that my spousal visa 5 year route will still be valid towards ILR SET M but I don't think so and I think I need to apply for SET LR.

Please help!! Very confused to say the least!

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zimba
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Re: Help! ILR SET (M) or SET (LR)

Post by zimba » Thu Aug 29, 2024 4:52 pm

Why don't you seek advice before applying ? SET(P) is not appropriate at all.
Why did you not apply under long residence in 2023 if you have already had 10 years ??
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Asia098
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Re: Help! ILR SET (M) or SET (LR)

Post by Asia098 » Thu Aug 29, 2024 4:58 pm

Do you mean why didn't I seek advice before applying for ILR under SET (P)? I should have, but didn't. It's not really straightforward. I didn't apply in 2023 for ILR because we didn't have the funds. I do now so that's why I am applying/reapplying. Do you have any helpful advice under which application I should do? SET (M) or SET (LR) or can you answer please if it is correct that your "time" resets for ILR on five year partner route if I had switched visas in 2019 from spousal to family?

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zimba
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Re: Help! ILR SET (M) or SET (LR)

Post by zimba » Thu Aug 29, 2024 5:13 pm

Time spent under the 10-year parent route and 5-year spouse route cannot be combined. So SET(LR) it is
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Asia098
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Re: Help! ILR SET (M) or SET (LR)

Post by Asia098 » Thu Aug 29, 2024 5:20 pm

Thank you so much. Really appreciate it.

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zimba
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Re: Help! ILR SET (M) or SET (LR)

Post by zimba » Thu Aug 29, 2024 5:26 pm

Ensure you understand the recent changes to the long residence route too: viewtopic.php?t=336067#p2171106
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Asia098
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Re: Help! ILR SET (M) or SET (LR)

Post by Asia098 » Thu Aug 29, 2024 6:42 pm

Thank you!

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