SET (M)

[Chip1919]

Hi,

I was on a spouse visa from 2016 and applied for ILR (SET(M)) but it was refused and granted for Family route - 10 year route as did not meet financial requirement.

I am now able to meet the financial requirement.
I am only concerned whether it is fine to submit SET (M) 5 year route while I am on 10 year route which requires 120 months to complete UK residency for ILR.

There is a bit of ambiguity in the rules in that the requirement for ILR is that I have spent at least 5 years in the UK under a combination of leave granted under D-ECP 1.1 and/or D-LTRP1.1, which I have. What the rules don’t say is whether I still have to be here with leave under those sections – it’s a grey area. Although I have been granted leave under D-LTRP1.2, the rules hint that it might still be possible to submit an application for ILR at this time.


The above would be refer to Paragraph E-ILRP.1.2 which states:

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).

As my status satisfy this paragraph, I would be able to meet this requirement.

Thank you for your help in advance!

Kind regards,

Mayu

[vinny]

Unfortunately, E-ILRP.1.3.(1) has to be continuous. Detouring on the 10 year path broke the continuity of the 60-month path. But a successful FLR(M) puts the applicant at the start of five year path again.