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Spouse ilr queries

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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dude_123
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Eligibility for ilr application for spouse

Post by dude_123 » Thu May 07, 2020 7:56 am

hi members ,

I need your inputs.

My wife entered into UK as dependent of me on 30-01-2016. I was ILR holder(through Tier 1 route) at that time. In her BRP card, it states that the type of permit she holds is spouse/partner(leave to remain)

She was out of UK for about 1 year in year 2016-17 on maternity leave

My queries are :

1. when will she be eligible for ILR application (Indefinite leave to remain )? Is eligibility in Jan 2021?

Entry - 30-01-2016

---------------------------------

01-02-2016 - 31-01-2017 – year 1

01-02-2017 - 31-01-2018 – year 2

01-02-2018 - 31-01-2019 – year 3

01-02-2019 - 31-01-2020 – year 4

01-02-2020 - 31-01-2021 – year 5

2. do I need to consider absences in her application?

3. which visa form to be filled in for ILR application (Set(o) , Set(m) or other??) from uk.

Appericiate your time!
Thanks

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CR001
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Re: Eligibility for ilr application for spouse

Post by CR001 » Thu May 07, 2020 9:15 am

1. She can apply no sooner than within 28 days before reaching 5 years residence, counted from the date she entered the UK.

2. There is NO absence limit for spouse visa holders. If the form asks for absence, simply complete it honestly.

3. Set M.
Char (CR001 not Casa)
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dude_123
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Joined: Mon Jul 26, 2010 11:18 am

Spouse ilr queries

Post by dude_123 » Tue Dec 29, 2020 12:33 pm

hi guys,

My wife entered into UK as dependent of me on 30-01-2016. I was ILR holder(through Tier 1 route) at that time. In her BRP card, it states that the type of permit she holds is spouse/partner(leave to remain).

i am checking my wife's eligibility to apply for ILR on UK GOV Site and i have selected below answers but i got confused with 2 different answers in result. see below.

i understand that i may need to fill SET (M) but i am not sure how can i be directed from UK Gov site to fill the SET (M) form online ?

and under which category i need to fill the form?

Find out if you can apply to settle in the UK

-------------------------------------------------

Result - You can apply as the partner or child of a tier 1, 2 or 5 visa-holder who has settled in the UK. Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.

If you got your current visa as your partner’s dependant after they settled in the UK, you must apply as the partner of a settled person instead.

answers-

1. What's your situation? You're the family member or partner of a British citizen

2. Did your family member or partner settle before they became a British citizen? Yes

3. How did they settle? On a work visa

4. What type of work visa did they settle with? A tier 1, tier 2 or tier 5 visa

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Casa
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Re: Spouse ilr queries

Post by Casa » Tue Dec 29, 2020 12:53 pm

dude_123 wrote:
Tue Dec 29, 2020 12:33 pm
hi guys,

My wife entered into UK as dependent of me on 30-01-2016. I was ILR holder(through Tier 1 route) at that time. In her BRP card, it states that the type of permit she holds is spouse/partner(leave to remain).

i am checking my wife's eligibility to apply for ILR on UK GOV Site and i have selected below answers but i got confused with 2 different answers in result. see below.

i understand that i may need to fill SET (M) but i am not sure how can i be directed from UK Gov site to fill the SET (M) form online ?

and under which category i need to fill the form?

Find out if you can apply to settle in the UK

-------------------------------------------------

Result - You can apply as the partner or child of a tier 1, 2 or 5 visa-holder who has settled in the UK. Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.

If you got your current visa as your partner’s dependant after they settled in the UK, you must apply as the partner of a settled person instead.

answers-

1. What's your situation? You're the family member or partner of a British citizen

2. Did your family member or partner settle before they became a British citizen? Yes

3. How did they settle? On a work visa

4. What type of work visa did they settle with? A tier 1, tier 2 or tier 5 visa
SET(M).
https://www.gov.uk/government/publicati ... -form-setm
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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CR001
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Re: Spouse ilr queries

Post by CR001 » Tue Dec 29, 2020 12:57 pm

Topics merged, where you were already advised in may 2020 that is form SET M.
Char (CR001 not Casa)
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dude_123
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Posts: 49
Joined: Mon Jul 26, 2010 11:18 am

Re: Spouse ilr queries

Post by dude_123 » Tue Dec 29, 2020 1:02 pm

Thank you mate

dude_123
Newbie
Posts: 49
Joined: Mon Jul 26, 2010 11:18 am

Re: Spouse ilr queries

Post by dude_123 » Wed Dec 30, 2020 12:40 pm

Hi team, I am about to submit a set m application online. It is only showing a standard service option for submitting application but it takes 6 months to take decision. How can I get super fast track service ?

How can I book ukvcas appointment? Will I get link to book appointment after I submit my application?

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CR001
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Re: Spouse ilr queries

Post by CR001 » Wed Dec 30, 2020 12:52 pm

How can I get super fast track service ?
The super priority service is suspended. Only standard service is currently available.
How can I book ukvcas appointment? Will I get link to book appointment after I submit my application?
You will be directed to ukcvas to book after you submit online.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

dude_123
Newbie
Posts: 49
Joined: Mon Jul 26, 2010 11:18 am

Re: Spouse ilr queries

Post by dude_123 » Wed Dec 30, 2020 1:50 pm

Ok great , thanks. My wife entered in uk on 30 jan 2016. So 5 years are completing on 30 jan 2021. I can apply 28 days before that date. Can I submit application today or should wait for another 2-3 days to meet with 28 days requirement? Do they consider online submission date as application date or when actually submitted in service center?

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CR001
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Re: Spouse ilr queries

Post by CR001 » Wed Dec 30, 2020 2:08 pm

The date of application is the date you submit and pay online. Your biomteric appointment date is irrelevant to this.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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