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SET (M) Applying ILR earlier
Posted: Sat Sep 23, 2023 8:39 pm
by safmdkhan
Hi,
There have been discussions around how early one can apply but that was for ILR SET (O). I wanted to confirm if this will also apply for ILR SET (M) Spouse visa route
My case :
1. Arrived in the UK : 28 November 2018
2. ILR Eligblility date 28 November 2018 + 5 years - 28 days = 31 October 2023
3. ILR application to be submitted on 3rd October ( Planning to apply before fees increase)
4. Planning Biometrics for ILR to be collected on 1 November 2023 with super priority
https://assets.publishing.service.gov.u ... 2.0ext.pdf
1) Does above gov. uk guideline apply to ILR with spouse visa route as well ?
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
2) When is the latest I can upload the documents ?
3) Can you please confirm my above timeline calculation is correct ?
Thanks in advance.Looking forwards for your reply
Re: SET (M) Applying ILR earlier
Posted: Sat Sep 23, 2023 9:59 pm
by AmazonianX
safmdkhan wrote: ↑Sat Sep 23, 2023 8:39 pm
Hi,
There have been discussions around how early one can apply but that was for ILR SET (O). I wanted to confirm if this will also apply for ILR SET (M) Spouse visa route
Yes it will.
My case :
1. Arrived in the UK : 28 November 2018
2. ILR Eligblility date 28 November 2018 + 5 years - 28 days = 31 October 2023
3. ILR application to be submitted on 3rd October ( Planning to apply before fees increase)
4. Planning Biometrics for ILR to be collected on 1 November 2023 with super priority
https://assets.publishing.service.gov.u ... 2.0ext.pdf
1) Does above gov. uk guideline apply to ILR with spouse visa route as well ?
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
2) When is the latest I can upload the documents ?
3) Can you please confirm my above timeline calculation is correct ?
Thanks in advance.Looking forwards for your reply
There is a post from zimba on how best to apply early to applicants advantage.
Re: SET (M) Applying ILR earlier
Posted: Sun Sep 24, 2023 2:21 am
by zimba
Re: SET (M) Applying ILR earlier
Posted: Tue Sep 26, 2023 5:35 pm
by safmdkhan
Hi All,
Unfortunately
got a NO as reply from solicitor on applying early for SPOUSE ILR SET (M). He believes its not applicable to Spouse ILR. See details below
The guidance below is not relevant for spouse ILR applications (SET(M)), please see page 3 of the guidance
https://assets.publishing.service.gov.u ... 2.0ext.pdf
how to calculate the 5-year continuous lawful period in the
UK requirement for applicants applying for settlement on the following routes:
• domestic workers in private households, paragraph 159G
• dependants of a Tier 1 Entrepreneur and T1 Investor, paragraph 319AA
• tier 1 (Entrepreneur), paragraph 245DF and Appendix A Table 6
• tier 1 (Investor) 245E to 245EF and Appendix A Table 9A
• retired person of independent means (paragraph 269)
The following categories are also covered by this guidance which allow accelerated
settlement:
• tier 1 (Entrepreneur) (paragraph 245DF)
• tier 1 (Investor) (paragraph 245EF)
Skilled Worker (and Tier 2 (General))
• T2 Minister of Religion (and Tier 2 (Minister of Religion))
• T2 Sportsperson (and Tier 2 (Sportsperson))
• Representative of an Overseas Business (and Media Representative and
Sole Representative)
• UK Ancestry
• Global Talent (and Tier 1 (Exceptional Talent))
• Innovator
• T5 (Temporary Worker) International Agreement Worker (Private Servant in a
Diplomatic Household)
• Dependants and Child Dependants of the routes listed above, except for UK
Ancestry and Representative of an Overseas Business where there is no
qualifying period of continuous residence for dependants
Above does not mention Spouse Visa
I do not believe that the same rules apply for spouse ILR applications, see below:
Its says on the date of application instead
Do we have any Spouse Visa holders who applied early and were successful ?
Re: SET (M) Applying ILR earlier
Posted: Tue Sep 26, 2023 5:43 pm
by zimba
That is nonsense. When it comes to 28 days concession or calculation of the qualifying period, the advice is generic. It is not limited to a specific route at all. Many solicitors dish out generic often incorrect advice regularly. We have seen enough of it over the years. You cannot accumulate the lawful residence required as per the rules and then be refused for not doing so.
Re: SET (M) Applying ILR earlier
Posted: Tue Sep 26, 2023 5:46 pm
by CR001
Do we have any Spouse Visa holders who applied early and were successful ?
Yes, 100s of us on the forum. The lawyere is talking absolute crap.
Re: SET (M) Applying ILR earlier
Posted: Tue Sep 26, 2023 5:56 pm
by safmdkhan
Solicitor is citing below clause (MARKED IN BOLD) and says this is applicable to Spouse ILR
Section E-ILRP: Eligibility for indefinite leave to remain as a partner
E-ILRP.1.1. To meet the eligibility requirements for indefinite leave to remain as a partner after a 5 year qualifying period all of the requirements of paragraphs E-ILRP.1.2. to 1.6. must be met.
E-ILRP.1.2. The applicant must be in the UK with valid leave to remain as a partner under this Appendix (except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded).
E-ILRP.1.3. (1) Subject to subparagraph (2), the applicant must, at the date of application, have completed a period of continuous residence in the UK of at least 5 years (60 months) with the following:
(a) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1; or
(b) limited leave to remain as a partner granted under paragraph D-LTRP.1.1;
or
(c) a combination of leave under (a) and (b).
(1A) In respect of an application falling within subparagraph (1) above, the applicant must meet all the requirements of Section E-LTRP: Eligibility for leave to remain as a partner (except that paragraph E-LTRP.1.2. cannot be met on the basis set out in sub-paragraph (c). (d) or (e) of that paragraph, and in applying paragraph E-LTRP.3.1.(b)(ii) disregard the words "2.5 times").
(2) In calculating periods of leave for the purposes of subparagraph (1) above, any period of leave to enter or leave to remain as a fiancé(e) or proposed civil partner will be disregarded.
E-ILRP.1.4. In calculating the periods under paragraph E-ILRP.1.3. only the periods when the applicant's partner is the same person as the applicant's partner for the previous period of limited leave shall be taken into account.
E-ILRP.1.5. In calculating the periods under paragraph E-ILRP.1.3. the words "in the UK" in that paragraph shall not apply to any period(s) to which the evidence in paragraph 26A of Appendix FM-SE applies.
E-ILRP.1.5A. In calculating the periods under paragraph E-ILRP.1.3., any current period of overstaying will be disregarded where paragraph 39E of these Rules applies. Any previous period of overstaying between periods of leave will also be disregarded where: the further application was made before 24 November 2016 and within 28 days of the expiry of leave; or the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied.
E-ILRP.1.6. The applicant must have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom in accordance with the requirements of Appendix KoLL of these Rules.
Sorry this has completely confused me
Can someone point or refer me to a link which has Spouse ILR early application ??
Re: SET (M) Applying ILR earlier
Posted: Tue Sep 26, 2023 6:07 pm
by CR001
Yes, that is what the IMMIGRATION RULES state.
The 28 days before is a CONCESSION given by UKVI and is not part of the immigration rules.
The link and quoted bit you posted earlier is part of the guidance notes, it is not the immigration rules.
You are overthinking this completely and the solicitor is definitely wrong. The 28 days before concession applies to all routes.
Re: SET (M) Applying ILR earlier
Posted: Tue Sep 26, 2023 6:10 pm
by zimba
Any experienced solicitor must know that immigration rules are NOT meant to be read and interpreted in isolation. The 28-day concession for example does NOT exist anywhere in the rules, so how come people can apply within 28 days and qualify for ILR under ANY route ? The answer is that is the concession offered by the secretary of the state in immigration procedures, so you cannot just quote a paragraph without understanding how the whole immigration system in general works.
Re: SET (M) Applying ILR earlier
Posted: Wed Sep 27, 2023 12:36 am
by safmdkhan
Absolutely agree with you guys. None of the guidance documents for Appendix FM (spouse 5-year route) refer to the applications being submitted 28 days before reaching 5 years. There is also no reference in the immigration rules for Spouse ILR route. However, there is still a reference on gov.uk website,link below
https://www.gov.uk/indefinite-leave-to- ... amily-visa
Solicitor has agreed that they have been successfully submitting application 28 days prior week on week.Apprarently it used to be there in the official guidance before but feels it may have been removed by mistake in the latest version.
He is planning to raise this with ILPA and will ask the Home Office to clarify their position.
Thanks for clarifying and reassuring this for me. Really appreciate it
NOTE: In my case ( if you can check my timelines above) my date of application will be 56 days (not 28 days) prior to 5 years but Biometric appointment date w/ Super priority is planned within 28 days prior to ILR eligibility.
I plan to apply on my own with this forums guidance.
Hope this should be fine ?
Re: SET (M) Applying ILR earlier
Posted: Thu Sep 28, 2023 4:13 pm
by safmdkhan
Senior Members/Mods,
Can you please confirm the timelines given below
In my case ( if you can check my timelines above) my date of application will be 56 days (not 28 days) prior to 5 years but Biometric appointment date w/ Super priority is planned within 28 days prior to ILR eligibility.
Thanks
Re: SET (M) Applying ILR earlier
Posted: Thu Sep 28, 2023 9:13 pm
by zimba
As long as the date of decision is within the 28 days, so the advice is to do your biometrics on or after that date
Re: SET (M) Applying ILR earlier
Posted: Fri Sep 29, 2023 3:26 pm
by bookerw100
safmdkhan wrote: ↑Thu Sep 28, 2023 4:13 pm
Senior Members/Mods,
Can you please confirm the timelines given below
In my case ( if you can check my timelines above) my date of application will be 56 days (not 28 days) prior to 5 years but Biometric appointment date w/ Super priority is planned within 28 days prior to ILR eligibility.
Thanks
Can you do that - apply 56 days before if the biometric is within 28 days?
Re: SET (M) Applying ILR earlier
Posted: Fri Sep 29, 2023 6:17 pm
by zimba
Re: SET (M) Applying ILR earlier
Posted: Sun Oct 01, 2023 8:09 am
by bookerw100
zimba wrote: ↑Fri Sep 29, 2023 6:17 pm
Wow thanks for this. This is very interesting as this would save the 20% increase. So say one is eligible from 9th November (5 years - 28days), they can submit application on 3rd October and do Biometrics after 9th November, that is okay?
Re: SET (M) Applying ILR earlier
Posted: Sun Oct 01, 2023 10:26 am
by AmazonianX
bookerw100 wrote: ↑Sun Oct 01, 2023 8:09 am
zimba wrote: ↑Fri Sep 29, 2023 6:17 pm
Wow thanks for this. This is very interesting as this would save the 20% increase. So say one is eligible from 9th November (5 years - 28days), they can submit application on 3rd October and do Biometrics after 9th November, that is okay?
Correct, that is the essence of that link from zimba and it works.
Re: SET (M) Applying ILR earlier
Posted: Tue Oct 03, 2023 3:40 pm
by safmdkhan
bookerw100 wrote: ↑Sun Oct 01, 2023 8:09 am
zimba wrote: ↑Fri Sep 29, 2023 6:17 pm
Wow thanks for this. This is very interesting as this would save the 20% increase. So say one is eligible from 9th November (5 years - 28days), they can submit application on 3rd October and do Biometrics after 9th November, that is okay?
Which ILR Route are you applying for ?
Re: SET (M) Applying ILR earlier
Posted: Tue Oct 03, 2023 4:21 pm
by bookerw100
safmdkhan wrote: ↑Tue Oct 03, 2023 3:40 pm
bookerw100 wrote: ↑Sun Oct 01, 2023 8:09 am
zimba wrote: ↑Fri Sep 29, 2023 6:17 pm
Wow thanks for this. This is very interesting as this would save the 20% increase. So say one is eligible from 9th November (5 years - 28days), they can submit application on 3rd October and do Biometrics after 9th November, that is okay?
Which ILR Route are you applying for ?
SET(M) but unfortunately I am not ready to apply before the fee increase. Have you applied already?
Re: SET (M) Applying ILR earlier
Posted: Thu Oct 26, 2023 9:59 am
by safmdkhan
I couldnt apply early either
ILR Set (M) application bank statement document
Posted: Wed Nov 01, 2023 3:30 pm
by safmdkhan
Hi All,
I am planning to submit the online application in the next couple of days. For example on Nov 3rd 2023. As part of Financial proof, my lastest online bank statement covers transaction until 17th of Oct. However, my salary for the month of Oct month was credited on Oct 27th 2023.
How can I show bank statement that covers my Oct month salary on 27th Oct as this transaction will be available to me only on the 17th of Nov. I am planning to go for biometric before this date ?
Regards
Safmdkhan
Re: ILR Set (M) application bank statement document
Posted: Mon Nov 06, 2023 1:06 pm
by zimba
You should apply when you have the evidence required
Re: ILR Set (M) application bank statement document
Posted: Mon Nov 06, 2023 9:18 pm
by safmdkhan
Hi Zimba,
Can I get the bank statement of 6 months with seal and signature which covers my OCT salary from the Branch ? Will this be accepted by Home office or does it have to be online bank statement only
Regards
Safmdkhan
Re: ILR Set (M) application bank statement document
Posted: Tue Nov 07, 2023 2:19 am
by AmazonianX
safmdkhan wrote: ↑Mon Nov 06, 2023 9:18 pm
Hi Zimba,
Can I get the bank statement of 6 months with seal and signature which covers my OCT salary from the Branch ? Will this be accepted by Home office or does it have to be online bank statement only
Regards
Safmdkhan
Try if you can get it but you are most likely going to get machine printed one with electronic stamp.
Re: ILR Set (M) application bank statement document
Posted: Thu Nov 09, 2023 3:05 pm
by safmdkhan
Hi AmazonianX,
Luckily Barclays Bank has the option to get the Statement generated from Last statement date to current date. They post it out to you and also it reflects on the Statement section of the app.
Regards,
Safeer
Re: ILR Set (M) application bank statement document
Posted: Thu Nov 09, 2023 3:06 pm
by safmdkhan
Hi All,
Another query regarding uploading document for this section
"Evidence of monthly housing costs for the accommodation in the UK where you live or will live"
Which document are they looking for ?
Regards,
Safeer