SET (M) Cohabitation - 5 Years Route.

am28 · Post by **am28** » Wed Jul 28, 2021 12:08 pm

Hi,

I am a complete novice to forums and boards, but this looks really helpful. I have tried a lot of places for the answer and have confusing answers.

Suppose visa, 5 years route.

1st Visa issue date: 01/03/2017
Date of Arrival: 02/04/2017
FRL(M) Extension date of Issue: 18/12/2019
Valid Until: 16/07/2022

Question1: When can I apply for ILR SET (M) settlement on 5 year route. Some say the start date is from date of arrival some say it is from the date of initial visa issue. Then 28 days before that date.

If qualifying start date is 01/03/2017, I can perhaps apply 02/02/2022 +- a day.
If qualifying start date is 02/04/2017, I can perhaps apply 04/03/2022 +- a day.

Question2: My wife was on an ILR route but now holds a British passport (got one recently). I am under an impression that I can apply for naturalisation as soon as I get my ILR (since the wife is a british citizen/passport holder) and would not need to wait a year or so after having the ILR to be eligible to apply for naturalisation.

Any input will be much appreciated.

Thank you.

CR001 · Post by **CR001** » Wed Jul 28, 2021 12:23 pm

Question1: When can I apply for ILR SET (M) settlement on 5 year route. Some say the start date is from date of arrival some say it is from the date of initial visa issue. Then 28 days before that date.

If qualifying start date is 01/03/2017, I can perhaps apply 02/02/2022 +- a day.
If qualifying start date is 02/04/2017, I can perhaps apply 04/03/2022 +- a day.

For a spouse settlement visa, the qualifying period starts from the date you ENTERED the UK. The visa start date one is relevant to a completely different visa category (ie PBS Dependent visas).

Question2: My wife was on an ILR route but now holds a British passport (got one recently). I am under an impression that I can apply for naturalisation as soon as I get my ILR (since the wife is a british citizen/passport holder) and would not need to wait a year or so after having the ILR to be eligible to apply for naturalisation.

Correct, you can apply as soon as you have ILR, provided you meet the requirements to apply based on 3 years residence as a spouse of a British citizen.

am28 · Post by **am28** » Wed Jul 28, 2021 1:15 pm

CR001 wrote: ↑
Wed Jul 28, 2021 12:23 pm

Correct, you can apply as soon as you have ILR, provided you meet the requirements to apply based on 3 years residence as a spouse of a British citizen.
Thank you very much for the reply. Much much appreciated.

Would the above mean that the spouse has to be a Passport holder for 3 year for me to be able to apply for the passport? My spouse only received the passport recently (1 month back).

CR001 · Post by **CR001** » Wed Jul 28, 2021 1:18 pm

am28 wrote: ↑
Wed Jul 28, 2021 1:15 pm
Would the above mean that the spouse has to be a Passport holder for 3 year for me to be able to apply for the passport? My spouse only received the passport recently (1 month back).

No it does not. It means you need to meet the absence limit and physically present in the UK at the start of the 3 year qualifying period.

am28 · Post by **am28** » Wed Jul 28, 2021 1:22 pm

CR001 wrote: ↑
Wed Jul 28, 2021 12:23 pm

If qualifying start date is 02/04/2017, I can perhaps apply 04/03/2022 +- a day.

So this would be correct right? Given that 28 days before the start date rule. I can apply on or immediately after 7th March 2022.

am28 · Post by **am28** » Wed Jul 28, 2021 1:23 pm

CR001 wrote: ↑
Wed Jul 28, 2021 1:18 pm

am28 wrote: ↑
Wed Jul 28, 2021 1:15 pm
Would the above mean that the spouse has to be a Passport holder for 3 year for me to be able to apply for the passport? My spouse only received the passport recently (1 month back).
No it does not. It means you need to meet the absence limit and physically present in the UK at the start of the 3 year qualifying period.

Ok thank you, understood now.

CR001 · Post by **CR001** » Wed Jul 28, 2021 1:23 pm

am28 wrote: ↑
Wed Jul 28, 2021 1:22 pm

CR001 wrote: ↑
Wed Jul 28, 2021 12:23 pm

If qualifying start date is 02/04/2017, I can perhaps apply 04/03/2022 +- a day.

So this would be correct right? Given that 28 days before the start date rule. I can apply on or immediately after 7th March 2022.

Yes.

am28 · Post by **am28** » Wed Jul 28, 2021 1:29 pm

CR001 wrote: ↑
Wed Jul 28, 2021 12:23 pm

Question1: When can I apply for ILR SET (M) settlement on 5 year route. Some say the start date is from date of arrival some say it is from the date of initial visa issue. Then 28 days before that date.

If qualifying start date is 01/03/2017, I can perhaps apply 02/02/2022 +- a day.
If qualifying start date is 02/04/2017, I can perhaps apply 04/03/2022 +- a day.
For a spouse settlement visa, the qualifying period starts from the date you ENTERED the UK. The visa start date one is relevant to a completely different visa category (ie PBS Dependent visas).

Question2: My wife was on an ILR route but now holds a British passport (got one recently). I am under an impression that I can apply for naturalisation as soon as I get my ILR (since the wife is a british citizen/passport holder) and would not need to wait a year or so after having the ILR to be eligible to apply for naturalisation.
Correct, you can apply as soon as you have ILR, provided you meet the requirements to apply based on 3 years residence as a spouse of a British citizen.

So in summary:

1. I can apply for ILR: 07/03/2022

2. I can apply for naturalisation, as soon as I receive the ILR. Given I am present in the UK on the date of application receipt and since ILR would have met 5 years residency condition then, unless absent for more than 180 days, I will be meeting the 3 years condition anyway. Under the route of "Citizenship if your spouse is a British citizen".

CR001 · Post by **CR001** » Wed Jul 28, 2021 1:34 pm

am28 wrote: ↑
Wed Jul 28, 2021 1:29 pm

CR001 wrote: ↑
Wed Jul 28, 2021 12:23 pm

Question1: When can I apply for ILR SET (M) settlement on 5 year route. Some say the start date is from date of arrival some say it is from the date of initial visa issue. Then 28 days before that date.

If qualifying start date is 01/03/2017, I can perhaps apply 02/02/2022 +- a day.
If qualifying start date is 02/04/2017, I can perhaps apply 04/03/2022 +- a day.
For a spouse settlement visa, the qualifying period starts from the date you ENTERED the UK. The visa start date one is relevant to a completely different visa category (ie PBS Dependent visas).

Question2: My wife was on an ILR route but now holds a British passport (got one recently). I am under an impression that I can apply for naturalisation as soon as I get my ILR (since the wife is a british citizen/passport holder) and would not need to wait a year or so after having the ILR to be eligible to apply for naturalisation.
Correct, you can apply as soon as you have ILR, provided you meet the requirements to apply based on 3 years residence as a spouse of a British citizen.
So in summary:

1. I can apply for ILR: 07/03/2022

2. I can apply for naturalisation, as soon as I receive the ILR. Given I am present in the UK on the date of application receipt and since ILR would have met 5 years residency condition then, unless absent for more than 180 days, I will be meeting the 3 years condition anyway. Under the route of "Citizenship if your spouse is a British citizen".

2. There is no '180 days' absence limit. You need to have been physically present in the UK at the START of the 3 year qualifying period, i.e. 2019.

am28 · Post by **am28** » Wed Jul 28, 2021 1:42 pm

CR001 wrote: ↑
Wed Jul 28, 2021 1:34 pm

am28 wrote: ↑
Wed Jul 28, 2021 1:29 pm

CR001 wrote: ↑
Wed Jul 28, 2021 12:23 pm

Question1: When can I apply for ILR SET (M) settlement on 5 year route. Some say the start date is from date of arrival some say it is from the date of initial visa issue. Then 28 days before that date.

If qualifying start date is 01/03/2017, I can perhaps apply 02/02/2022 +- a day.
If qualifying start date is 02/04/2017, I can perhaps apply 04/03/2022 +- a day.
For a spouse settlement visa, the qualifying period starts from the date you ENTERED the UK. The visa start date one is relevant to a completely different visa category (ie PBS Dependent visas).

Question2: My wife was on an ILR route but now holds a British passport (got one recently). I am under an impression that I can apply for naturalisation as soon as I get my ILR (since the wife is a british citizen/passport holder) and would not need to wait a year or so after having the ILR to be eligible to apply for naturalisation.
Correct, you can apply as soon as you have ILR, provided you meet the requirements to apply based on 3 years residence as a spouse of a British citizen.
So in summary:

1. I can apply for ILR: 07/03/2022

2. I can apply for naturalisation, as soon as I receive the ILR. Given I am present in the UK on the date of application receipt and since ILR would have met 5 years residency condition then, unless absent for more than 180 days, I will be meeting the 3 years condition anyway. Under the route of "Citizenship if your spouse is a British citizen".
2. There is no '180 days' absence limit. You need to have been physically present in the UK at the START of the 3 year qualifying period, i.e. 2019.

Perfect. Thanks.

Still a few months in the application. But I will gradually start collection and compiling the documents required. Is there a guidance notes where I can see the list of documents that would be required?

CR001 · Post by **CR001** » Wed Jul 28, 2021 2:51 pm

https://www.gov.uk/government/publicati ... ly-members

am28 · Post by **am28** » Sat Feb 19, 2022 2:10 pm

Hi,

I entered on 5 year route Suppose visa as following:

Date Entered: 02.04.2017
FLR (M) Extension Issued: 18.12.2019
FLR (M) Extension Valid until: 16.07.2022
5 Year complete on 02.04.2022.

There are some lawyers out there, perhaps just to make things confusing, they have posted

"You must not, however, apply more than 28 days before your leave expires or you could have your application refused and the fee will not be refunded."

as quoted by solicitor name and weblink removed by moderator

My question is since I came on suppose visa, had a successful extension FLR(M). When is the earliest I can apply for ILR? My online research here at immigration board and also on gov.uk suggests that 28days before qualifying period (in my case mid-march 2022) but then there are confusing answer online as mentioned above. Please if you could help, is xxxxxxxxx suggesting about another visa or are they just wrong?

AmazonianX · Post by **AmazonianX** » Sat Feb 19, 2022 2:45 pm

am28 wrote: ↑
Sat Feb 19, 2022 2:10 pm
Hi,

I entered on 5 year route Suppose visa as following:

Date Entered: 02.04.2017
FLR (M) Extension Issued: 18.12.2019
FLR (M) Extension Valid until: 16.07.2022
5 Year complete on 02.04.2022.

There are some lawyers out there, perhaps just to make things confusing, they have posted

"You must not, however, apply more than 28 days before your leave expires or you could have your application refused and the fee will not be refunded."

as quoted by solicitor name and weblink removed by moderator

My question is since I came on suppose visa, had a successful extension FLR(M). When is the earliest I can apply for ILR? My online research here at immigration board and also on gov.uk suggests that 28days before qualifying period (in my case mid-march 2022) but then there are confusing answer online as mentioned above. Please if you could help, is xxxxxxxxx suggesting about another visa or are they just wrong?

They are wrong. You van apply 28days before cmpletingv5years in the UK counting from when you entered UK on spouse visa.

am28 · Post by **am28** » Sat Feb 19, 2022 11:17 pm

Hi,

I entered on 5 year route Suppose visa as following:

Date Entered: 02.04.2017
FLR (M) Extension Issued: 18.12.2019
FLR (M) Extension Valid until: 16.07.2022
5 Year complete on 02.04.2022.

So I have 2 questions:

1. Can I apply 28 days before 5 years completion? as some say it should be 28 days before current brp expires not 5 years? Very confused.

2. Can I start filling the form and collect the documents even now? Would the application date be consider when I submit it or when I start filling it in?

Thankyou!

zimba · Post by **zimba** » Sun Feb 20, 2022 12:39 am

am28 wrote: ↑
Sat Feb 19, 2022 2:10 pm
Hi,

I entered on 5 year route Suppose visa as following:

Date Entered: 02.04.2017
FLR (M) Extension Issued: 18.12.2019
FLR (M) Extension Valid until: 16.07.2022
5 Year complete on 02.04.2022.

There are some lawyers out there, perhaps just to make things confusing, they have posted

"You must not, however, apply more than 28 days before your leave expires or you could have your application refused and the fee will not be refunded."

as quoted by solicitor name and weblink removed by moderator

My question is since I came on suppose visa, had a successful extension FLR(M). When is the earliest I can apply for ILR? My online research here at immigration board and also on gov.uk suggests that 28days before qualifying period (in my case mid-march 2022) but then there are confusing answer online as mentioned above. Please if you could help, is xxxxxxxxx suggesting about another visa or are they just wrong?

Visa expiry is totally irrelevant. You are eligible to get ILR within 28 days of completing your 60 months, counting from the first date of entry/the date of your first FLR(M) approval. This is very clear in the immigration rules. Do NOT rely on random websites for immigration advice. The application date is when you pay and submit.

AmazonianX · Post by **AmazonianX** » Sun Feb 20, 2022 5:55 am

am28 wrote: ↑
Sat Feb 19, 2022 11:17 pm
Hi,

I entered on 5 year route Suppose visa as following:

Date Entered: 02.04.2017
FLR (M) Extension Issued: 18.12.2019
FLR (M) Extension Valid until: 16.07.2022
5 Year complete on 02.04.2022.

So I have 2 questions:

1. Can I apply 28 days before 5 years completion? as some say it should be 28 days before current brp expires not 5 years? Very confused. As stated before it's 28days before completing 5

2. Can I start filling the form and collect the documents even now? Would the application date be consider when I submit it or when I start filling it in? You can start now, it's your date of submission and payment that will be considered as application date.

Thankyou!

am28 · Post by **am28** » Thu Mar 10, 2022 1:57 pm

Hi All,

I am now applying for the ILR SET (M).

This is what is says at the end of application (under other documents/evidences)

"6 letters and/or other documents addressed to you and your partner at the same address to show that you have been living together during the past 2.5 years."

Question: I am applying on the 15th March 2022, my interpretation is that 2.5 years 6 letters, from 3/4 different providers under joint name (if not under joint name then additional letters).

I take as:

1. Sep 2019
2. Mar 2020
3. Sep 2020
4. Mar 2021
5. Sep 2021
6. Mar 2022

Can someone please confirm?

zimba · Post by **zimba** » Thu Mar 10, 2022 2:40 pm

There is no specific pattern or evidence. Use as much evidence you have

am28 · Post by **am28** » Thu Mar 10, 2022 7:18 pm

Zimba wrote: ↑
Thu Mar 10, 2022 2:40 pm
There is no specific pattern or evidence. Use as much evidence you have

Thank you. I’ll use all available documents and letters.

Could you tell me if an online bank statement is fine? Or does it need to be bank paper and/or stamps on each page?

AmazonianX · Post by **AmazonianX** » Fri Mar 11, 2022 4:06 am

am28 wrote: ↑
Thu Mar 10, 2022 7:18 pm

Zimba wrote: ↑
Thu Mar 10, 2022 2:40 pm
There is no specific pattern or evidence. Use as much evidence you have
Thank you. I’ll use all available documents and letters.

Could you tell me if an online bank statement is fine? Or does it need to be bank paper and/or stamps on each page?

Online bank statements that resembles what you will normally get by post is acceptable. No need for stamps. Paper not needed as all documents are uploaded electronically.

am28 · Post by **am28** » Fri Mar 11, 2022 11:19 am

Thank you!

I am printing all the documents. Like utility bills etc, is black and white ok or does it need to be coloured copies, or more official copies?

zimba · Post by **zimba** » Fri Mar 11, 2022 12:19 pm

DO NOT print anything. All evidence is submitted digitally

am28 · Post by **am28** » Fri Mar 11, 2022 1:31 pm

Zimba wrote: ↑
Fri Mar 11, 2022 12:19 pm
DO NOT print anything. All evidence is submitted digitally

Sorry what a waste of paper.. on my FLR(M) I had to print and then they scanned it all.

I will just scan the physical letters that came to the address.
And upload the digital copies of the bills then yeah?

zimba · Post by **zimba** » Fri Mar 11, 2022 2:09 pm

Yes. All evidence is now digitally uploaded

Online applications, UKVCAS appointments & BRP queries - Read before you post

am28 · Post by **am28** » Fri Mar 11, 2022 8:53 pm

Zimba wrote: ↑
Fri Mar 11, 2022 2:09 pm
Yes. All evidence is now digitally uploaded

Online applications, UKVCAS appointments & BRP queries - Read before you post

Is it ok that I upload online downloaded bank statements? instead of ordering from the bank then scanning and uploading?

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