*Penalty for late registration of property*

Hi there,

I'm wondering if someone please advise earliest I can apply ILR?

My wife was on Tier 2, PBS dependent and swtiched to FLR M within the UK on 18-03-2019 (date over the approval letter and BRP), current 2nd leave to remain valid until 16-05-2024.

Can I apply SET (M) using super priority 28 days before 18-03-2024, somewhere around or after 20-02-2024?

Or I should wait until full 60 months if there is any sort of risk?

The earliest date of ILR eligibility is 20-02-2024, so within 28 days of completing your 60 months. The date of application does not really matter as long as the date of the ILR decision lands on this date or afterwards, so you can apply now.

See: How to apply early and benefit from the date of the ILR decision ?

Hi Zimba,

Thanks very much for replying.

I’m seeing people have refusals based on choosing wrong SET forms, just to be sure its SET (M) for ILR, after 5 years on partner route, FLR (M)?

Time spent outside does matter? On date of eligibility? Haven’t spent much outside, just curious.

Wording over the first approval letter is to apply ILR after continuous period of leave to remain in the UK of at least 60 months. You must apply before the end of authorised stays in the UK but more then 28 days before completing that period.

Above statement make me confused to complete 60 months and then apply 28 days before expiring of BRP date?

Since BRO expiring mid May, applying in Feb, feels so early. Probably i’m overthinking but your help will ease off confusion.

I’m seeing people have refusals based on choosing wrong SET forms, just to be sure its SET (M) for ILR, after 5 years on partner route, FLR (M)?

Yes, Set M is the correct form. Where you are 'seeing refusals' is for a completely different visa category and hence a different ILR form, not relevant to your circumstances.

Time spent outside does matter? On date of eligibility? Haven’t spent much outside, just curious.

There is NO absence limit for spouse visa holders.

Wording over the first approval letter is to apply ILR after continuous period of leave to remain in the UK of at least 60 months. You must apply before the end of authorised stays in the UK but more then 28 days before completing that period.

Above statement make me confused to complete 60 months and then apply 28 days before expiring of BRP date?

You can apply within 28 days BEFORE reaching 60 months from date the FLR(M) visa was issued. This is the earliest you can apply

Since BRO expiring mid May, applying in Feb, feels so early. Probably i’m overthinking but your help will ease off confusion.

The latest you can apply is shortly before BRP expiry. There is no trick or confusion or UKVI trying to catch people out.

Okay, so when we bought our home, conveyancing solicitor failed to register our property on time, and myself, spouse and solicitor received penalty assessment notice for late registration from Revenue Scotland, for £107. That was paid and settled to Revnue Scotland by the solicitor on their behalf as it was their fault, so we weren’t involved in that, other than receiving the 2 copies of notice to myself and spouse.

Since I’m applying ILR for my spouse, Does that need to be declared in ILR application? Will this have any impact on application?

Has someone got an answer please?

No effect.

CR001 wrote: ↑

Sun Mar 17, 2024 10:31 am

No effect.

Thanks very much, does it need to be declared? As its not crime related?

No, its a civil matter.

CR001 wrote: ↑

Sun Mar 17, 2024 12:09 pm

No, its a civil matter.

Thanks very much. I understand it’s civil matter.

Over the application form, it wouldn’t fall in “A civil penalty issued under UK immigration law”? Is it different?

Sorry just clarifying myself, a little worried.

standrews wrote: ↑

Sun Mar 17, 2024 12:56 pm

“A civil penalty issued under UK immigration law”

Property registration has nothing to do with immigration law.
Think of it like a bill you paid late and you had to pay a late fee.

alterhase58 wrote: ↑

Sun Mar 17, 2024 1:49 pm

standrews wrote: ↑

Sun Mar 17, 2024 12:56 pm

“A civil penalty issued under UK immigration law”

Property registration has nothing to do with immigration law.
Think of it like a bill you paid late and you had to pay a late fee.

Thanks for reassurance. Appreciate for help.