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Whilst resident in the UK I switched from a student visa to flr(m) in 2019 and got a brp endorsed with leave to remain from 31-01-2019. I have then extended it one time. At the end of this month I will have been resident in the uk for 60 months as the spouse of a uk citizen. On the gov website, it says I can apply for ILR 28 days before eligibility (60 months resident as a spouse). I think I can submit now. But some advisor websites such as solicitor weblink removed by moderator say you must not apply more than 28 days before your current leave expires. This contrasts information I was given by an immigration advisor and I cannot find this info on the gov website. My current flr(m) leave expires 15th March. Do I really need to wait until 28days prior to 15th March to submit set(m), even though I meet the 60 months criteria now?

You could have applied on 3rd January already, 28 days before reaching 60 months.

Please do not post names of solicitors or immigration advisors on the forum.

Many thanks for your reply. We applied 27th Feb but now getting very nervous.

Having found the original letter that granted leave from 31st Jan 2019:

"Following a continuous period of lawful leave to remain in the UK of a least 5 years (60 months), and subject to meeting the requirements of the Immigration Rules at the time, you may be eligible to apply for indefinite leave to remain in the UK. You must apply before the end of your authorised stay in the UK, but not more than 28 days before completing that period."

It's not clear to me if "28 days before completing that period." means 28 days prior to eligibility (60 months), or 28 days prior to expiry to leave to remain.

I understand, as you say below, ILR applications can be made before reaching 60 months, I just fear there's some additional rule applied here that means I also can't apply more than 28 days prior to expiry of my leave. It's sent me into quite an anxiety spiral and I can't think clearly!

Mat28590 wrote: ↑

Thu Feb 01, 2024 4:28 am

Many thanks for your reply. We applied 27th Feb but now getting very nervous.

Having found the original letter that granted leave from 31st Jan 2019:

"Following a continuous period of lawful leave to remain in the UK of a least 5 years (60 months), and subject to meeting the requirements of the Immigration Rules at the time, you may be eligible to apply for indefinite leave to remain in the UK. You must apply before the end of your authorised stay in the UK, but not more than 28 days before completing that period."

It's not clear to me if "28 days before completing that period." means 28 days prior to eligibility (60 months), or 28 days prior to expiry to leave to remain.

I understand, as you say below, ILR applications can be made before reaching 60 months, I just fear there's some additional rule applied here that means I also can't apply more than 28 days prior to expiry of my leave. It's sent me into quite an anxiety spiral and I can't think clearly!

Quit being nervous, your application made in good time.

I'm sponsoring my wife's set(m) application. We submitted and have the biometrics appointment this saturday. I have all the documents uploaded, but just have one niggling concern.

I switched to a new job at a new employer in December, i'll call C LTD, and that's simple to include in the application.

However the employer before that, i'll call B LTD, underwent a corporate restructure in June 2022 from A LTD. Basically A LTD was liquidated due to insolvency and employees and assets were transferred to B LTD. From an employee perspective, nothing changed, my title, length of service was retained, the company kept trading under the same name. The only observable difference was that payslips and payments started coming from B LTD instead of A LTD. The directors, the brand, payroll etc all remained the same. It really just seemed like some background accounting magic that kept everything going. No new employment contracts were issued.

On my wifes visa, we put that i'd been employed by A LTD (formerly B LTD) from Sep 2012 to Dec 2023. We then explain in the cover letter there was a corporate restructure which changed the employment on paper but nothing in practice. The CEO, who is a director of B LTD and was a director of A LTD before it went into liquidation also clarified in his letter that he was/is a director of both companies, and that the company was restructured and though technically the legal entity changed, my length of service retained. He confirms all payslips.

I'm not sure what else I can do here. I think it's as clear as possible. Has anyone else been in this situation before? Any other information I should include?

The structure of your previous employer does not really matter. As you have not been in your current job for more than 6 months with the same employer, all you need from your previous employers is payslips showing that you earned a total £18,600 over the last 12 months. The rest of the employment-related documents will come from your current employer.

ukvcas portal says to upload:
"All previous passports, travel documents or national identity cards that you have used to travel to or remain in the UK".
I uploaded my old passport I entered the UK with first time.
I have old scans of my student brp, my first flr(m) brp. Not sure what I did with the originals, maybe the process was to send them to HO, can't remember. Should I upload my old scans under this section? I figure they can't hurt, and they demonstrate my residency in the UK.

Obviously i've uploaded my current flr(m) brp to the appropriate section.

You do NOT need to upload a copy of every BRP card. Just the current one is needed.

UKVI has the full immigration history, they issued the previous visas but they are irrelevant for ILR on form SET(M).