Set (M) or Set (LR)

Hi, Please help. I was on a Tier 2 visa and then switched to EU Family member BRP from Nov 2016, married in May 2016. I qualify for 10 year Long residence since Oct 2020, but I am not sure if i qualify for dependant of a settled person (5 years) from the date of marriage or from the date the visa/BRP was granted in Nov 2016. ? My partner who is an EU citizen applied for the Settled scheme (Brexit).

You don't qualify for set M.

You can apply for settled status 5 years after the date of marriage.

Thank you for your quick comment....Please advise why I would not qualify for Set (M) if I complete 5 years marriage in May 2021? He is a settled person (EU citizen). I already applied via that, so I would need to cancel the application, ask for a refund and then reapply via (LR)? I arrived in the UK in Oct 2010, was on Tier 2 ICT, then switched to EU family member from Nov 2016 (took 6months for the application to go though after marriage in May 2016).

Set M is ONLY relevant to those who have held 2 X 2.5 year Spouse visas. You don't hold a spouse visa (FLR M).

Why not simply wait till next month and apply for EU settled status which is a free application.

Please excuse my ignorance, what does it mean 2 x 2.5y spouse visa? Having been on a EU family member visa for 5 years don't qualify? I do want to apply for a British passport after the ILR, so wouldn't it be best to apply with Set (LR) instead of EU settled person? Please kindly advise.

No. SET(M) requires at least 5 years leave under Appendix FM as a partner.

SET(LR) is possible, if discretion applies.

However,

CR001 wrote: ↑

Wed Apr 07, 2021 9:32 am

Why not simply wait till next month and apply for EU settled status which is a free application.

is more reasonable.

priyaw3 wrote: ↑

Wed Apr 07, 2021 9:28 am

Thank you for your quick comment....Please advise why I would not qualify for Set (M) if I complete 5 years marriage in May 2021? He is a settled person (EU citizen). I already applied via that, so I would need to cancel the application, ask for a refund and then reapply via (LR)?

If you haven't done biometrics, then do cancel the doomed SET(M) application and get a full refund. Consider donating the money saved to a good charity instead of giving it away to the Home Office?

priyaw3 wrote: ↑

Wed Apr 07, 2021 9:42 am

I do want to apply for a British passport after the ILR, so wouldn't it be best to apply with Set (LR) instead of EU settled person? Please kindly advise.

No. Settled status is just as acceptable as ILR for the purposes of naturalisation.

Settled status > Naturalisation > British passport.