SET (O) or FLR (M)? Help please!

My wife entered the UK on 17 Oct 2017 on Tier 2 PBS dependent leave to remain, renewed in 2019 which sets to expire on 11 July 2022. At which date is roughly 3 months short of 5 years' continous leave. (I already got ILR in 2021 via 5 year Tier 2 route)

In theory she need to apply FLR (M) before 11 July 2022, and then SET (O) after 5 years' continous leave.

However when I read below doc, page 10, it says

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

https://assets.publishing.service.gov.u ... 2.0ext.pdf

My question is if she submitts online SET (O) application on 11 July 2022, given 6 months processing time, if on case worker's decision date (say if it's on or after 17 Oct 2022, will her ILR application likely to be refused because of the date of submission is 11 July 2022??

Thanks all in advance

ps Under standard Set (O) application, what's max gap time between the UKVI online submission date and book/attend ukvcas biometric appointment? Is it 45 days? Thx

Note that FLR(M) is inappropriate, if you were granted leave under PBS.

vinny wrote: ↑

Sun Jun 12, 2022 12:14 am

Note that FLR(M) is inappropriate, if you were granted leave under PBS.

Thanks for pointing out this! saved my bacon.

would you be able to advise on the other question? If set (o) application date is 3 months short of 5 years, but decision date meet the 5 years, will the application likely to get refused?

it's quite pricey (especially have to pay 3 years NHS surchagre?) to get the PBS dependent extension just for the sake of 3 months..

Note: her qualifying period for ILR may start from the date they granted her initial Entry clearance as your PBS dependant. If applicable, then when was that?

vinny wrote: ↑

Sun Jun 12, 2022 2:10 am

Note: her qualifying period for ILR may start from the date they granted her initial Entry clearance as your PBS dependant. When was that?

entry to clearance visa vignette valid drom 27 Oct 2017 (entered UK on same date 27 Oct 2017)
her intial PBS T2 dependeent BRP issue date 16 Oct 2017 (weird)

so 27 Oct 2017 is the start date?

do you know if she submit set (o) on 11 July 2022, what's the latest date she must book for a UKVCAS biometric appointment? is it 45 days or 3 months? thx

only asking because I saw this

indefinite-leave-to-remain/existing-vis ... 20512.html

Yes. I was going to refer you to that topic. That was probably the date they decided to grant her leave. Then I think her qualifying period for ILR may start from the BRP issue date?

vinny wrote: ↑

Sun Jun 12, 2022 2:27 am

Yes. I was going to refer you to that topic. That was probably the date they decided to grant her leave. Then I think her qualifying period for ILR may start from the BRP issue date?

Thanks, so the key here is to submit SET (O) online on 11 July 2022, but attend UKVCAS biometric appointment as late as possible?

Do you know the max gap time between online submission date and UKVCAS biometric appointment date? 45 days or 3 months?

carsonzhi wrote: ↑

Sun Jun 12, 2022 9:40 am

Do you know the max gap time between online submission date and UKVCAS biometric appointment date? 45 days or 3 months?

The applicant will be provided with a date by which they have to attend an appointment to provide their biometrics.

It's usually about 9 weeks from the application date.

Korekt wrote: ↑

Mon Jun 13, 2022 4:54 pm

carsonzhi wrote: ↑

Sun Jun 12, 2022 9:40 am

Do you know the max gap time between online submission date and UKVCAS biometric appointment date? 45 days or 3 months?

The applicant will be provided with a date by which they have to attend an appointment to provide their biometrics.

It's usually about 9 weeks from the application date.

Many thanks, if I apply for PBS extension first on 11 July, wait towards deadline (but not) attending biomeric appointment. Then submit SET (O) around mid September, and withdraw PBS extension will I likely to get a refund of application fee+NHS surcharge?

Should work.

Varying the application is one way to overcome the challenge.

Refund info also covered in the link above.

Korekt wrote: ↑

Mon Jun 13, 2022 9:17 pm

Should work.

Varying the application is one way to overcome the challenge.

Refund info also covered in the link above.

Thanks this is very helpful.

https://www.gov.uk/healthcare-immigrati ... on/refunds

However here it says You will not get a refund if:
you’re applying for indefinite leave to remain

So I am getting confused if I vary from PBS dependent extension to SET (O) will I get the IHS refund?

They have changed their refund policy to deny some IHS refunds.

vinny wrote: ↑

Tue Jun 14, 2022 1:20 am

They have changed their refund policy to deny some IHS refunds.

Thanks Vinny, so via Vary from extension to SET (O), I can at least get refund for extension application fees right..?

Regarding Vary, do I have to attend the extension biometric appointment? or can just submit Vary application towards 45 days deadline without attending the biometric

Hi all, I intend to submit PBS extension on 10 July 2022, wait until 45 days deadlined, but NOT book and NOT attend the biometric appointment, instead VARY to SET (O) before biometric deadline.

Question: this action (not attending the original extension biometric) - won't break my 5 years countinous leave right? Please if someone can confirm above plan is doable.

If the biometrics enrollment requirement is application specific, then, to remove all doubts of an application’s validity, it may be safer to attend the biometrics appointments for both initial and varying applications?