SET(M) Qualifying time

Hi there. Can you please help me to understand when I can qualify to apply for ILR under spouse 5 year route. So from inside the UK the first spouse visa is granted on 25th January 2021 until 22nd August 2023, but due to misinformation (based on previous visa conditions) I applied for ILR on 24th February 2023 but was offered by home office to vary my application to another spouse five year route visa as I didn't qualify to ILR at that time, which I gave consent to vary on 14th April 2023, but only received the decision on 24th August 2023 and valid until 24th March 2026.

So my question is - will this period from 24th February 2023 to 24th August 2023 be counted towards the qualifying residence time under spouse visa. The period in which the application was under consideration and varying from ILR to Spouse visa in process? Or do I need to apply for another spouse visa extension then apply for ILR under this rule?


Thank you.

Yes, it does count as lawful residence