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ILR 10yr Partner route - which form to use?

Posted: Tue Jan 03, 2023 7:55 pm
by vaidy
Through dumb mistakes, I ended up on the 10 yr partner route.

I believe I can apply for ILR under a 10-year route. However, I am now confused as to which form to use to apply for ILR. I thought I could use SET (LR). However it states
If you are the spouse or partner of someone who is settled and currently living in the UK and you have completed the relevant period of continuous leave in the UK using the 'Family Route', you cannot use this form.
And when I go to SET (M), the guidance states
Do not use this form if:

your current leave to remain is as a partner or parent on the 10 year family route. This means you have had permission to stay in the UK for at least 10 years. Applications for settlement on that route will open on 20 June 2022 when the new ‘Settlement as a partner or parent’ and ‘Settlement as a child (including a child aged over 18 already in the UK as a dependent)’ forms will be available on the gov.uk website

If it helps, my timeline has been
  • Entered the UK in Jan 2013 on a Tier 1 Partner Visa, which was valid until May 2014
  • In May, I applied under FLR(M) as my husband had settled in the UK. I know now that I should have extended the Tier 1 Partner visa. I was granted leave to remain from June 2014 to December 2016.
  • I then applied for an extension to FLR(M) in November 2016, which was granted from January 2017 to August 2019.
  • I hadn't realised that I had switched from Tier 1 dependent to Spouse visa and applied for a SET(M) in April 2018 (as I thought I completed 5 years). I got a letter from the Home Office explaining that I hadn't completed 5 years under FLR(M) and that I could pay a health surcharge. Unfortunately, I paid the surcharge even though I had extant leave. And was moved into the 10-year route. My visa was extended until December 2020.
  • In December 2020, I applied to extend my FLR(FP/M) under the family route and was granted an extension until July 2023

Re: ILR 10yr Partner route - which form to use?

Posted: Tue Jan 03, 2023 8:08 pm
by meself2
vaidy wrote:
Tue Jan 03, 2023 7:55 pm
However it states
If you are the spouse or partner of someone who is settled and currently living in the UK and you have completed the relevant period of continuous leave in the UK using the 'Family Route', you cannot use this form.
did you complete family route, though?

coming from previous topic you linked, Zimba stated:
post1856219.html#p1856219
This means the earliest to get ILR would be under long residence in 2023.
Long Residence is not the same as family route; LR is combinations of all visas you've had for past 10 years.

Wait for others to confirm, but I'd expect you'd need to go for SET(LR).

Re: ILR 10yr Partner route - which form to use?

Posted: Tue Jan 03, 2023 10:24 pm
by Ticktack
Correct. Regardless of how OP has gotten there, OP is shortly concluding 10 years long residence in the UK. SET (LR) is the form to submit. Fewer document than SET (M), so that might just be a plus.

Re: ILR 10yr Partner route - which form to use?

Posted: Wed Jan 04, 2023 1:33 am
by zimba
As others advised, you should use the form SET(LR) to apply under the long residence. Anyone under any route can use this form to apply for ILR under the long residence.

To clarify, that note on the SET(LR) application form simply warns you not to use the SET(LR) form if you intend to apply for ILR under the family route.
If you are the spouse or partner of someone who is settled and currently living in the UK and you have completed the relevant period of continuous leave in the UK using the 'Family Route', you cannot use this form.

Re: ILR 10yr Partner route - which form to use?

Posted: Wed Jan 04, 2023 8:06 am
by vaidy
Thank you all for your advice!