SET(M) Present in the UK

ukspouse80 · Post by **ukspouse80** » Sat Feb 20, 2021 4:10 pm

Hi,

My question is about SET(M). Is the sponsor (British citizen) must be physically present in the UK at the date of application? The sponsor is living in the UK but visiting another country and is not able to return by the date of application.

I did not find such requirement in the rules and it is just stated that the Applicant and the partner must be in the UK but nothing said about the date of application.

Present and settled requirement seems not applicable to the British citizens. Any help would be appreciated.

TODMATT · Post by **TODMATT** » Sat Feb 20, 2021 5:47 pm

ukspouse80 wrote: ↑
Sat Feb 20, 2021 4:10 pm
Hi,

My question is about SET(M). Is the sponsor (British citizen) must be physically present in the UK at the date of application? The sponsor is living in the UK but visiting another country and is not able to return by the date of application.

I did not find such requirement in the rules and it is just stated that the Applicant and the partner must be in the UK but nothing said about the date of application.

Present and settled requirement seems not applicable to the British citizens. Any help would be appreciated.

Section R-ILRP

"Requirements for indefinite leave to remain (settlement) as a partner
R-ILRP.1.1. The requirements to be met for indefinite leave to remain as a partner are that-

(a) the applicant and their partner must be in the UK;"

https://www.gov.uk/guidance/immigration ... ly-members

ukspouse80 · Post by **ukspouse80** » Sat Feb 20, 2021 6:30 pm

Thank you for your reply. I saw that requirement but it not clear. for initial and extension it is clearly mentioned that the sponsor should be present and settled in the UK. But here it just says that he must be in the UK. So when? at the date of application? or it just means that they are living in the UK?

the reason I am asking this because at the following guidance:

https://assets.publishing.service.gov.u ... .0-ext.pdf

Page 25:
Present and settled
When considering paragraph E-ECP.2.1.(b) and paragraph E-LTRP.1.2.(b), you
must be satisfied that the applicant’s partner is present and settled in the UK as set
out in the definition of ‘present and settled’ or “present and settled in the UK” Under
paragraph 6 of the Immigration Rules.

The above paragraphs do not cover the ILR.

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SET(M) Present in the UK

SET(M) Present in the UK

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