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FLR(M) to ILR - SET(M) application and biometrics eligibility

Posted: Tue Nov 21, 2023 3:30 pm
by rp001
Hi,

I am planning to apply ILR for a spouse visa but have a query about applying within 28 days of the qualifying period as the application page doesn't state anything about 28 days. ref: https://visas-immigration.service.gov.uk/product/set-m

switched visa to 1st FLR(M) within the UK - start date: 17-12-2018
2nd FLR(M) - expiry date: 04-02-2024

The qualifying period will be (28 days): 20-11-2023, completes 5 years on 17-12-2023


1. Can I apply within 28 days of the qualifying period (17-12-2018 + 5 years - 28 days)?

2. If I apply for super-priority, can I complete the biometrics within the qualifying period(17-12-2018 + 5 years - 28 days)?

3. Do I need to wait for 5 years to complete before I can give biometrics?

4. I don't see anything mentioned on this application page about 28 days https://visas-immigration.service.gov.uk/product/set-m but says that you have completed at least 5 years with leave on that route, quite confused here if I can submit application before completing 5 years.

would anyone kindly help answer these questions, please?

Thank you.

Re: FLR(M) to ILR - SET(M) application and biometrics eligibility

Posted: Tue Nov 21, 2023 4:35 pm
by zimba
1. Yes
2. Yes. The date of the decision matters the most: How to apply early and benefit from the date of the ILR decision ?
3. No, see link above
4. When it comes to the '28 days concession', the advice is generic. It is not limited to a specific route at all as it applies to ALL the ILR applications as part of the immigration procedures

Re: FLR(M) to ILR - SET(M) application and biometrics eligibility

Posted: Tue Nov 21, 2023 4:37 pm
by AmazonianX
The 28days is not a law or rule, it is a concession that's is widely recognised so you may not see it written.

The most favourable date to the applicant will be used as date of decision of application.

Re: FLR(M) to ILR - SET(M) application and biometrics eligibility

Posted: Tue Nov 21, 2023 5:32 pm
by rp001
Thank you for your reply. If it depends on the date of decision when applied by super priority the decision date after the biometrics (usually decision will be in a day or two after biometrics) will be within the qualifying period - is this still ok?

Re: FLR(M) to ILR - SET(M) application and biometrics eligibility

Posted: Tue Nov 21, 2023 5:38 pm
by AmazonianX
rp001 wrote:
Tue Nov 21, 2023 5:32 pm
Thank you for your reply. If it depends on the date of decision when applied by super priority the decision date after the biometrics (usually decision will be in a day or two after biometrics) will be within the qualifying period - is this still ok?
Won't suggest to use super priority especially when you are not exactly qualified yet. My opinion.

Re: FLR(M) to ILR - SET(M) application and biometrics eligibility

Posted: Tue Nov 21, 2023 6:37 pm
by zimba
rp001 wrote:
Tue Nov 21, 2023 5:32 pm
Thank you for your reply. If it depends on the date of decision when applied by super priority the decision date after the biometrics (usually decision will be in a day or two after biometrics) will be within the qualifying period - is this still ok?
Correct. The advice is that you should assume the date of the decision to be on or after the date of your biometrics. So plan accordingly

Re: FLR(M) to ILR - SET(M) application and biometrics eligibility

Posted: Tue Nov 21, 2023 7:39 pm
by rp001
sure, thank you for your help