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Hi,

I have been searching through the forum to find an answer but not much luck. Wonder someone here can help?
I got married in May 2011 (after applying for certificate of approval) and sent my application for a visa as Family member of EU citizen which was granted in April 2012 (for 5 years).
Now I want to apply for ILR and then British Nationality eventually but not sure where should I start counting my time of 5 years i-e from Date of Marriage or Date of Visa ? The marriage was done in UK and also at the time of application I was present in UK.

Many Thanks,

As far as I can tell, you may be in luck. Here's what i THINK you need to do (people, please correct me if I'm wrong).

I think you would need to apply for ILR as a dependent using SET(M) form. 5 years would start from the date you entered into the UK on your current visa (so not from the date you married).

This applied to my wife for her application (although her visa is as a dependent on MY visa (ancestry)) - but the good news is that the 5 year requirement only came into effect in July 2012. Prior to then, the requirement was only 3 years. So if you entered on your current visa prior to July 2012, then the old requirement still applies, and you therefore only need 3 years and not 5!

I'm not sure if the same applies to to family of EU visa, but it might - see what you can find based on what I suggested.

grantcallaway wrote:As far as I can tell, you may be in luck. Here's what i THINK you need to do (people, please correct me if I'm wrong).

I think you would need to apply for ILR as a dependent using SET(M) form. 5 years would start from the date you entered into the UK on your current visa (so not from the date you married).

This applied to my wife for her application (although her visa is as a dependent on MY visa (ancestry)) - but the good news is that the 5 year requirement only came into effect in July 2012. Prior to then, the requirement was only 3 years. So if you entered on your current visa prior to July 2012, then the old requirement still applies, and you therefore only need 3 years and not 5!

I'm not sure if the same applies to to family of EU visa, but it might - see what you can find based on what I suggested.

The poster is on the EEA Family member route and NOT the UK Immigration route.

Set(M) has nothing to do with the EEA route and is only for people who are on the UK Immigration route. Set(M) is also not for UK Ancestry dependants. Set(M) is for spouse of British Citizens or settle person (ILR under UK immigration).

The correct route is PR under eu route instead of ILR and your clock towards getting the PR was started from the day of marriage as long as your eu partner was a qualified person during the last 5 years as well as was not absent for more than 6 months in any year.