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ILR Qualification period SET M

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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Rekka3000
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ILR Qualification period SET M

Post by Rekka3000 » Mon Sep 04, 2023 8:37 pm

Hello all,

Joined this forum 5 years ago and y’all were great. Seem to have lost my login so made a new one.

My wife applied for LTR in 2018, and in October received her passport with vignette. The vignette shows leave to enter, and gives entry clearance from the 20th October 2018.

We actually entered the UK on the 17th November.

When we check her BRP card (not sure if we have the original, only photos), we can see she had leave to enter, and the BRP was issued in the UK with a date of 12th October 2018.

When I’ve asked on Facebook groups and Reddit, people say that, at least for SET M on the 5 year route, that you can’t use entry clearance on vignette, and that it must be 5 years - 28 days from date of entry.

So 17th November - 28 days = about 20th or 21st October.

However, I see other advice on this forum, and to me it doesn’t make sense to have rules for one set of visas applying for ILR, and another set of rules (for start date calculation) for another.


When I check this document https://assets.publishing.service.gov.u ... 2.0ext.pdf

It clearly states that it’s not for SET M visas, but does suggest it’s from entry clearance, not date of entry.

But I don’t see a similar doc that gives advice to case workers for the SET M form.

I’m also realising my BRP shows a date even earlier than the entry clearance, which in other threads people say that can be used. Essentially it being whatever is earlier.

Can somebody clear it up? Ideally either with links to a case worker doc, rules / guidance or experience with these things?:)

So in summary:

BRP date of issue: 12th October 2018
Entry clearance on Vignette 20th October 2018
Date of entry into UK: 17th November 2018

When can I apply for ILR on the SET M route

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CR001
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Re: ILR Qualification period SET M

Post by CR001 » Mon Sep 04, 2023 9:05 pm

Different visa routes are covered by different immigrarion rules.

Set M is and alwyas has been counted from the date of entry as the starting point.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Rekka3000
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Posts: 2
Joined: Mon Sep 04, 2023 8:25 pm
United Kingdom

Re: ILR Qualification period SET M

Post by Rekka3000 » Mon Sep 04, 2023 9:24 pm

Good good! And to confirm, date of application should be the time from submitting the online form? I saw there’s a thread where people say you can apply earlier because date of decision is more important. So if I applied on the 15th online, did BRP and submitted evidence online. I’m
Hoping to do super priority, so if after BRP and evidence is submitted it’s the 20th October, I should be ok?

AmazonianX
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Re: ILR Qualification period SET M

Post by AmazonianX » Tue Sep 05, 2023 5:53 pm

Rekka3000 wrote:
Mon Sep 04, 2023 9:24 pm
Good good! And to confirm, date of application should be the time from submitting the online form? Yes I saw there’s a thread where people say you can apply earlier because date of decision is more important. So if I applied on the 15th online, did BRP and submitted evidence online. I’m
Hoping to do super priority, so if after BRP and evidence is submitted it’s the 20th October, I should be ok?
Date of application/online payment and submission is what is relevant. Biometrics can be done afterwards even if your current leave expires after the application submission.

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zimba
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Re: ILR Qualification period SET M

Post by zimba » Wed Sep 06, 2023 1:01 pm

Rekka3000 wrote:
Mon Sep 04, 2023 9:24 pm
Good good! And to confirm, date of application should be the time from submitting the online form? I saw there’s a thread where people say you can apply earlier because date of decision is more important. So if I applied on the 15th online, did BRP and submitted evidence online. I’m
Hoping to do super priority, so if after BRP and evidence is submitted it’s the 20th October, I should be ok?
The date of decision is ONLY relevant when considering the calculation of the 5-year qualifying period. For other things, the date of the application is used which is the date you submit it online, for e.g you must submit documents dated before the date of your application :!:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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