ILR Set M continuous residence question

[Dougle45]

Hi there, I hope you can help.
Some questions about the ILR Set M application on Family/Spouse basis (my wife is applying) .
Her first BRP was issued on and valid from 11.03.2020
Her first entry vignette was valid from 25.03.20 to 24.04.20
It was covid time and her departure country was in lockdown so we requested and received a second vignette and she entered UK on 07.09.20.

My questions:
1. When is the earliest she can apply for ILR ? Is it 5 years on from 11.03.20 (BRP), or 5 years from first entry vignette validity, or 5 years from when she physically arrived in UK?
2. From BRP issue date to arrival in UK it is 181 days - is this a problem? Does it need to be justified in the application?
3. A question on the application form asks "How long have you lived in UK?" . What is the correct answer in our case? Is it from first BRP date (even though she didn't arrive until 181 days later) or from when she arrived?
Is it OK for put 4.5 years to answer this question (if we apply in March 2025) ? Or is 5 years better, even though covid prevented her from arriving for 6 months?

Thanks.

[CR001]

The ilr qualifying period starts from the date she entered the uk on the spouse visa.

[Dougle45]

Thanks for the answer.
However, on other threads it is suggested that the qualifying period starts with BRP issue date. Could you please clarify with regards to this visa type (Indefinite Leave to Remain for spouse/partner with Set M application form)

Also, I've recalculated the days between BRP issue and date of arrival. In fact it's 180 days exactly. Does this make any difference?

Many thanks.

[CR001]

The visa start date qualifying period is for a completely different visa category (Set O ILR) with different rules, not applicable to a spouse visa.

[Dougle45]

Thanks for your reply and clarification.
One final question:
My wife's has "been granted permission to stay in the UK until 8 Aug 2025" (we have an email confirming this and on her evisa)
However she arrived in UK on 7th September 2020.

So when is the earliest we can apply for ILR:
-is it 8 Aug 2025 minus 28 days
-or 7th September 2025 minus 28 days

Many thanks.

[CR001]

or 7th September 2025 minus 28 days

This one.

Apply before visa expires and book biometric appointment for the end of August.

[Dougle45]

Thanks again CR001.
But 7th September 2025 minus 28 days is 10th August 2025. This is after the permission to stay has ended, so we can't do that clearly.
And if we apply on, say, 7th August 2025 (last day of permission) isn't this too early by 3 days?
Won't the application be rejected for this reason?
Thanks.

[zimba]

Thanks again CR001.
But 7th September 2025 minus 28 days is 10th August 2025. This is after the permission to stay has ended, so we can't do that clearly.
And if we apply on, say, 7th August 2025 (last day of permission) isn't this too early by 3 days?
Won't the application be rejected for this reason?
Thanks.

READ: Applicants can benefit from the date of the ILR decision

[Dougle45]

Thanks a lot Zimba, this info is very useful. I'd just like to double-check this please:
-on the gov.uk website it says:
"You can apply once you’re eligible. If you’re applying as a parent or a partner with a family visa, the earliest you can apply is 28 days before you meet the requirements for time spent in the UK. Your application may be refused if you apply earlier" and "If your visa expires before you can apply for indefinite leave to remain, you’ll need to renew it first."
I understand that the caseworker can use the decision date as the 5-year marker, but the fact that we applied slightly more than 28 days in advance of eligibility - won't that mean it'll be rejected automatically? Or does Section 3C have greater weight here ?
(I apologise if this has been answered already on different threads)

Many thanks.

[zimba]

No, because there are no rules that require you to apply at a certain date/point. All that matters is that on the date of ILR decision, you have accumulated enough lawful residence.

The advice appearing everywhere on 'applying only 28 days before eligibility' is due to historical reasons and applicants often do not know the context of it. I covered it many times before.

Read: https://www.immigrationboards.com/viewt ... 5#p2177544

[Dougle45]

Thank you very much Zimba and CR001.

[Dougle45]

Hi Zimba, I've been looking at the Immigration Rules CR6.1 - does this definitely apply for Appendix FM Partner applications for ILR (using form Set (M)) ?

It mentions that it only covers these routes:
This Appendix applies only to applications under Appendix HM Armed Forces (only settlement as a Partner or Child), Appendix Skilled Worker, Appendix Representative of an Overseas Business, Appendix Global Talent, Appendix Innovator Founder, Appendix T2 Minister of Religion, Appendix International Sportsperson, Appendix UK Ancestry, Appendix Domestic Worker in a Private Household, Appendix Temporary Work - International Agreement, Appendix Scale-up, Appendix Settlement Family Life, Appendix Private Life (settlement only, apart from where the applicant is applying to settle as a child born in the UK), Appendix Hong Kong National (Overseas), Appendix Long Residence and Appendix ECAA Settlement.

Thanks.

[zimba]

The 28-day historical concession has nothing to do with CR6.1. It applies to all ILR applicants.