Apply for ILR SET(M) during employment notice period

Hello Everyone,

I want to start by commending everyone, especially the people that take time out of their busy schedule to respond to questions on here. You are all amazing.

I have gone through a few pages and searched with some keywords but couldn't find any topic that matches my query. Apologies if this has already been answered. I will appreciate if someone can drop a link to a similar topic. In addition, i have read the official guidance document but couldn't find anything that relates to my question.

Okay, on to my questions. My initial entry leave for permission to enter the UK under Spouse Visa was granted on 29th Dec. 2016 (as indicate on the visa vignette attached to my passport). I entered the UK on the 14th Jan. 2017. Renewed my visa through the FLR (M) route in Oct. 2019 and it expires on May 13 2022. I understand i can apply for ILR at most 28 days just before clocking 5 years in the UK from my first entry date.

Below are my questions
1. The earliest i can apply for ILR is 17th Dec. 2021, is this correct?
2. I'm planning to resign at my current workplace (possibly October ending 2021 / first week of November 2021 - notice period takes 3 months) before applying for the ILR but worried because i would be applying for the ILR during my notice period. This means i would have to request for a letter from my employer to confirm my employment during my notice period and use it for the ILR application. I believe i'll still be legally employed (just serving my notice period) and they have an obligation to provide the letter. Would this cause a problem for my application even if i'm able to get a letter that confirms my employment?
3. Do i need to be in a "continuing employment" for ILR SET(M)? I can't find any documentation for this online.

Thank you.

abubarakat wrote: ↑

Fri Sep 10, 2021 5:49 pm

1. The earliest i can apply for ILR is 17th Dec. 2021, is this correct?

No, 28 days before 29 December 2021

abubarakat wrote: ↑

Fri Sep 10, 2021 5:49 pm

This means i would have to request for a letter from my employer to confirm my employment during my notice period and use it for the ILR application

As you will be applying as a family member no such letter is needed but the financial requirements have to be met

abubarakat wrote: ↑

Fri Sep 10, 2021 5:49 pm

3. Do i need to be in a "continuing employment" for ILR SET(M)? I can't find any documentation for this online

As a family member you don't have to be in any employment at all.

manci wrote: ↑

Fri Sep 10, 2021 6:50 pm

abubarakat wrote: ↑

Fri Sep 10, 2021 5:49 pm

1. The earliest i can apply for ILR is 17th Dec. 2021, is this correct?

No, 28 days before 29 December 2021

This is incorrect. A Spouse visa qualifying period for ILR only starts counting from date of entry and not the initial visa issue date.

Thank you for the response.

I believe it is up to 28 days before the 5th year anniversary of the first entry date - which in this case is 14th Jan. 2017.

manci wrote: ↑

Fri Sep 10, 2021 6:50 pm

No, 28 days before 29 December 2021

abubarakat wrote: ↑

Fri Sep 10, 2021 5:49 pm

1. The earliest i can apply for ILR is 17th Dec. 2021, is this correct?

If i'm using my employment to meet the financial requirements, don't i need a letter from my employer to confirm my employment?

manci wrote: ↑

Fri Sep 10, 2021 6:50 pm

abubarakat wrote: ↑

Fri Sep 10, 2021 5:49 pm

This means i would have to request for a letter from my employer to confirm my employment during my notice period and use it for the ILR application

As you will be applying as a family member no such letter is needed but the financial requirements have to be met

Really. This is the first time i'm seeing this. Do you mind dropping a link to where i can verify this?

manci wrote: ↑

Fri Sep 10, 2021 6:50 pm

abubarakat wrote: ↑

Fri Sep 10, 2021 5:49 pm

3. Do i need to be in a "continuing employment" for ILR SET(M)? I can't find any documentation for this online

As a family member you don't have to be in any employment at all.

Thank you. This is what i have read on several websites.

CR001 wrote: ↑

Fri Sep 10, 2021 7:03 pm

manci wrote: ↑

Fri Sep 10, 2021 6:50 pm

abubarakat wrote: ↑

Fri Sep 10, 2021 5:49 pm

1. The earliest i can apply for ILR is 17th Dec. 2021, is this correct?

No, 28 days before 29 December 2021

This is incorrect. A Spouse visa qualifying period for ILR only starts counting from date of entry and not the initial visa issue date.

abubarakat wrote: ↑

Fri Sep 10, 2021 7:19 pm

As you will be applying as a family member no such letter is needed but the financial requirements have to be met
Really. This is the first time i'm seeing this. Do you mind dropping a link to where i can verify this?

To clarify, what I meant was that if you rely on employment income. and as part of meeting the financial requirements, the employer only has to confirm details of your current employment, such as salary, authenticity of payslips, etc. but they don't have to give an undertaking that they intend to employ you in the foreseeable future. It is therefore immaterial that you are applying during your notice period.

The rules are in:

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

section 1.7 for the financial requirements
https://assets.publishing.service.gov.u ... .0-ext.pdf

Appendix FM-SE for the documents you'll have to submit
https://www.gov.uk/guidance/immigration ... d-evidence

Thanks. I will go through the provided links.

manci wrote: ↑

Fri Sep 10, 2021 8:49 pm

abubarakat wrote: ↑

Fri Sep 10, 2021 7:19 pm

As you will be applying as a family member no such letter is needed but the financial requirements have to be met
Really. This is the first time i'm seeing this. Do you mind dropping a link to where i can verify this?

To clarify, what I meant was that if you rely on employment income. and as part of meeting the financial requirements, the employer only has to confirm details of your current employment, such as salary, authenticity of payslips, etc. but they don't have to give an undertaking that they intend to employ you in the foreseeable future. It is therefore immaterial that you are applying during your notice period.

The rules are in:

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

section 1.7 for the financial requirements
https://assets.publishing.service.gov.u ... .0-ext.pdf

Appendix FM-SE for the documents you'll have to submit
https://www.gov.uk/guidance/immigration ... d-evidence

I agree with the above advise. Think of fixed term contract and let's say you apply a month before your contract expires - there is nothing that I've come across in the guidance which suggests the job should he ongoing beyond a certain point. What really is important that you are employed at the date of application.

I am in the same position, currently serving my notice period and have applied just yesterday, biometrics are on Sunday and since its a super priority app I am hoping to hear back on Monday.

Cheers mate. I pray you get a successful outcome on your application.

Can you please come back to notify us of the outcome of your application on this post? This will help allay the fears of future applicants in a similar position.

Montana2323 wrote: ↑

Fri Sep 10, 2021 11:42 pm

I agree with the above advise. Think of fixed term contract and let's say you apply a month before your contract expires - there is nothing that I've come across in the guidance which suggests the job should he ongoing beyond a certain point. What really is important that you are employed at the date of application.

I am in the same position, currently serving my notice period and have applied just yesterday, biometrics are on Sunday and since its a super priority app I am hoping to hear back on Monday.

abubarakat wrote: ↑

Fri Sep 10, 2021 11:50 pm

Cheers mate. I pray you get a successful outcome on your application.

Can you please come back to notify us of the outcome of your application on this post? This will help allay the fears of future applicants in a similar position.

Montana2323 wrote: ↑

Fri Sep 10, 2021 11:42 pm

I agree with the above advise. Think of fixed term contract and let's say you apply a month before your contract expires - there is nothing that I've come across in the guidance which suggests the job should he ongoing beyond a certain point. What really is important that you are employed at the date of application.

I am in the same position, currently serving my notice period and have applied just yesterday, biometrics are on Sunday and since its a super priority app I am hoping to hear back on Monday.

I have got the email this morning confirming my application being successful. Thank you

Cheers mate. Thank you for coming back to let us know the outcome.

Congratulations on your successful application.

Montana2323 wrote: ↑

Mon Sep 13, 2021 9:53 am

abubarakat wrote: ↑

Fri Sep 10, 2021 11:50 pm

Cheers mate. I pray you get a successful outcome on your application.

Can you please come back to notify us of the outcome of your application on this post? This will help allay the fears of future applicants in a similar position.

Montana2323 wrote: ↑

Fri Sep 10, 2021 11:42 pm

I agree with the above advise. Think of fixed term contract and let's say you apply a month before your contract expires - there is nothing that I've come across in the guidance which suggests the job should he ongoing beyond a certain point. What really is important that you are employed at the date of application.

I am in the same position, currently serving my notice period and have applied just yesterday, biometrics are on Sunday and since its a super priority app I am hoping to hear back on Monday.

I have got the email this morning confirming my application being successful. Thank you

Montana2323 wrote: ↑

Mon Sep 13, 2021 9:53 am

abubarakat wrote: ↑

Fri Sep 10, 2021 11:50 pm

Cheers mate. I pray you get a successful outcome on your application.

Can you please come back to notify us of the outcome of your application on this post? This will help allay the fears of future applicants in a similar position.

Montana2323 wrote: ↑

Fri Sep 10, 2021 11:42 pm

I agree with the above advise. Think of fixed term contract and let's say you apply a month before your contract expires - there is nothing that I've come across in the guidance which suggests the job should he ongoing beyond a certain point. What really is important that you are employed at the date of application.

I am in the same position, currently serving my notice period and have applied just yesterday, biometrics are on Sunday and since its a super priority app I am hoping to hear back on Monday.

I have got the email this morning confirming my application being successful. Thank you

Congratulations Montana2323!
When you submitted your application, did you submit an employment letter?