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IRL - When can I apply?
Posted: Thu Aug 18, 2016 1:57 pm
by drgobbles
Hi, hope you can help me here.
I entered the UK on a Tier 5 Youth Mobility (2 year Visa) just over 5 years ago.
After getting married I applied using the FLR-M - 5 year route (30 months + 30 months).
I have now been in the UK for just over 5 years.
My question is can I apply for IRL (Set-M) now seen I have been in the country for over 5 years or do I have to wait until my current Visa is within 28 days of expiry.
Thanks in advance.
Re: IRL - When can I apply?
Posted: Thu Aug 18, 2016 1:59 pm
by Wanderer
AIUI YMS leave only qualifies under 10 year legal stay rule.
Re: IRL - When can I apply?
Posted: Thu Aug 18, 2016 2:02 pm
by Casa
Correct. You can't combine the two visa categories for ILR after 5 years. 10 year long residence only. Your immigration clock was set to zero when you switched to FLR(M).
Re: IRL - When can I apply?
Posted: Thu Aug 18, 2016 2:10 pm
by Wanderer
Casa wrote:Correct. You can't combine the two visa categories for ILR after 5 years. 10 year long residence only. Your immigration clock was set to zero when you switched to FLR(M).
Do I get a Blue Peter Badge?!
Re: IRL - When can I apply?
Posted: Thu Aug 18, 2016 2:14 pm
by Casa
Wanderer wrote:Casa wrote:Correct. You can't combine the two visa categories for ILR after 5 years. 10 year long residence only. Your immigration clock was set to zero when you switched to FLR(M).
Do I get a Blue Peter Badge?!
You do...but it's made out of sticky-back plastic.
Re: IRL - When can I apply?
Posted: Thu Aug 18, 2016 2:32 pm
by drgobbles
Thanks. I guess I will have to wait the 5 years of my FLR-M.
Can you please confirm after this 5 years can I apply for IRL using Set-M form?
Re: IRL - When can I apply?
Posted: Thu Aug 18, 2016 3:08 pm
by Casa
drgobbles wrote:Thanks. I guess I will have to wait the 5 years of my FLR-M.
Can you please confirm after this 5 years can I apply for IRL using Set-M form?
ILR. Yes you can.
Re: IRL - When can I apply?
Posted: Thu Aug 18, 2016 3:31 pm
by drgobbles
Do you know why on the Set-M it talks about 2 years (not 5)...
When To Apply
You and any children under 18 who are applying with you should apply before the end of
your/their permitted stay in the UK when you are nearing completion of the 2-year qualifying
period required by the Immigration Rules.
Please do not apply more than 28 days before completing that period. If you apply earlier
than that, your application may be refused. If that happens, we will not refund the fee and
you will have to pay again when reapplying.
For visa holders only. If, after receiving your visa, you delayed your journey such that you
SET(M) Guidance Notes version 11/2015 - page 4 of 8
will reach the “valid until” date on your visa before completing 2 years in the UK, you may
need to apply for an extension of stay to complete the 2-year period before applying for
indefinite leave to remain on form SET(M). An application for an extension of stay must be
made on form FLR(M).
Re: IRL - When can I apply?
Posted: Thu Aug 18, 2016 5:38 pm
by Casa
Are you sure you're not looking at an out-of-date document?
Re: IRL - When can I apply?
Posted: Thu Aug 18, 2016 7:19 pm
by CR001
drgobbles wrote:Do you know why on the Set-M it talks about 2 years (not 5)...
Because there is a two year route but ONLY for partner who applied for FLR(M) before 9th July 2012. Some have still not passed LIUK so are still protected by the pre July 2012 rules.
If you applied for FLR(M) on or after 9th July 2012, then you can only apply for ILR after 5 years.