ILR Form

[acyl12345]

Hi all,

I have been looking for a super priority appointment for the last two months for SET(O) ILR on the basis of private life.
I am on the 10 year long residence route however, as I was between 18 to 25 when my first Leave to remain was granted, I have been advised that I would qualify for the early settlement. I have already completed 7 years on the 10 year route and would be looking to apply through Set (O) under private life.
I have been checking at midnight and 1am and no appointments. is anyone else experiencing the same issue?
Alternatively would I be able to apply for ILR under FLR(FP)? My current leave is due to expire in December 2023. So do I need to wait until 28 days before then to apply under FLR (FP)?

[zimba]

All below must be true for your ILR to succeed under the private life route:

• you were first given a visa on the basis of your private life when you were aged between 18 and 24 and you met the half-life test
• you initially arrived in the UK as a child
• you have lived in the UK for at least 5 continuous years

Also see: Online Application - Why there is no Super Priority Service Option ?

[acyl12345]

Thanks v much.
Would it be Set (O) or FLR (FP)?

[CR001]

Set O is for ILR.

FLR FP is only for visa extensions

[acyl12345]

Great thank you!

[zimba]

For private life, it is SET(PL) not SET(O)
Apply here: https://visas-immigration.service.gov.u ... -and-other

[secret.simon]

I could be very wrong (and only based on observations on these forums), but, to the best of my knowledge, I do not think that priority/super-priority appointments are available for ILR based on any of the Long Residence routes.

They are available for the five year spousal and former PBS routes (which are single routes with known specific parameters that need to be met), but not routes that require checks across multiple different routes (such as applications based on Long Residence, Family and Private life, etc).

I could of course be wrong and my information could be dated (as mentioned, it is observational). But you may want to plan based on priority appointments not being available for your ILR application.

[CR001]

Set LR is eligible for super priority, if service is available.

The list of routes for settlement that qualify for priority or super priority doesn't however include Set PL applications so I doubt the op would get the option as this is, again, a route that requires in depth consideration.

[acyl12345]

Hi,

My solicitor applied for ILR on my behalf using the Set (O) form on the basis that I qualify for the early concession i.e between 18 and 24 when i was first granted 2.5 years, arrived in the UK as a child and had completed 7 years at point of application.

The application was submitted on 28 October so still within the 6 month period, however I am worried that I used an incorrect form (Set PL). My job depends on travel and as such hoping for a decision as soon as possible and so wondering if
1. I am at a disadvantage for not having used the Set (PL) form
2. it is worth submitting a new variation application as i am desperate to keep my job (I am sure they won't fire me on this basis but will try to make other arguments)

Thanks

[zimba]

For private life, it is SET(PL) not SET(O)
Apply here: https://visas-immigration.service.gov.u ... -and-other

You were advised to apply using the correct form, last year. Tell your solicitor that that is the wrong form to secure ILR under the private life route and a new appplication must be applied using the correct form.

[acyl12345]

Thanks Zimba, I challenged him at the time but he said "SET (O) - other purposes not covered by other application forms" was the correct form to use for ILR in my case.

Do I need to reply using the variation? My BRP is now expired and if i withdraw my existing application I will then be illegal.

[acyl12345]

I also cannot afford to restart the clock on my application. Are the home office very strict on this category given its a new application? it is nearly 3 months and i have had no correspondence from them.

Would I be able to email them asking if a variation is required?

Appreciate your response .

[AmazonianX]

So far decision is not made any application you make will initiate the variation of the existing one to the new one most recently submitted. Time could be of the essence, don't waste more.

[zimba]

Thanks Zimba, I challenged him at the time but he said "SET (O) - other purposes not covered by other application forms" was the correct form to use for ILR in my case.

Do I need to reply using the variation? My BRP is now expired and if i withdraw my existing application I will then be illegal.

But the private life route is in fact covered by its own form. Your solicitor seems to be ignorant of these basic things. Why are you using a solicitor ??

[acyl]

I was granted discretionary leave outside of the immigration rules under compassionate grounds after a complicated process and continued to use him to for the further leaves as i didn't want to take any risks. This was why he felt that it should come other "Set O - Other" as my leave isn't currently within the rules. Is that your understanding of the early concession rules i.e. does it also apply to individuals who were granted leave outside the immigration rules?

[zimba]

I was granted discretionary leave outside of the immigration rules under compassionate grounds after a complicated process and continued to use him to for the further leaves as i didn't want to take any risks. This was why he felt that it should come other "Set O - Other" as my leave isn't currently within the rules. Is that your understanding of the early concession rules i.e. does it also apply to individuals who were granted leave outside the immigration rules?

To apply under private life, you should apply using SET(PL) regardless of your visa type. SET(O) is used when you want to get ILR via outside the rules

[acyl12345]

My mum received the below from the home office in response to her ILR application. What form should she submit instead?


Your application has been made using a Settlement – Private Life application form for Indefinite Leave to Remain on the basis of completing a 10-year continuous qualifying period of residence in the UK, which is considered in accordance with criteria laid out in Appendix Settlement Private Life which can be viewed at:

Immigration Rules – Immigration Rules Appendix Private Life – Guidance – GOV.​UK (www.gov.uk)

However, your immigration history shows that you do not currently have permission or were last granted permission on the Private Life route. You were last granted leave to remain on 14 July 2021 on a 10 year Family life Parent application.

Please refer to your Home Office decision letter dated 14 July 2021 for further information.

As you do not hold any leave on the Private Life route, it is highly unlikely that your Settlement Private Life application would succeed and result in a grant of ILR.

Accordingly, we would like to give you the opportunity to review your application. If after you have reviewed your application, you choose to submit a further application on another route, please advise us as soon as possible and this will be treated as a variation.

Please note, if you wish to vary (change) your application, you will need to submit the correct application for the route you wish to apply for within 14 days


Previous wording from July 2021 application
I am writing to inform you that you have been granted a period of 30 months limited leave to remain on the ten year parent route under paragraph D-LTRPT.1.2. of Appendix FM of the Immigration Rules, as we are satisfied that you meet the requirements of paragraphs R-LTRPT.1.1.(a), (b) and (d) of these Rules. You may be eligible to apply for settlement after completing at least 10 years under this route.

[zimba]

You seem to be using the wrong forms for every application you are making. I am not sure why you are not seeking advice beforehand ??
The correct form for people under 10 year family route is the adult settlement form: https://visas-immigration.service.gov.u ... t-relative