ILR - which route application should I choose

[Premasce]

Hi,
I came to UK in sep 2014 as a Tier 1 dependant and then extended as PBS Dependant and in Nov 2017 I went to India for my first child delivery. I reentered UK in Feb 2019 and extended as FLR. Now I m on Leave to Remain Spouse/Partner and my child is also on Leave to Remain Dependant. Our visa is expiring on 2 March 2025. My husband is on ILR since 2016
I m confused on which application I should select for ILR.
Should I go via Apply as a Partner (family visa)
Or Apply as a Partner (Dependant on work visa)
Or any other category.

Please can you guide me on choosing the right application?

Regards
Prema

[zimba]

Use form SET(M) as you need to apply for ILR under the family route

https://visas-immigration.service.gov.uk/product/set-m

[Premasce]

Thank you

[zimba]

Thank you

Note that I assumed you have 5 years under the family route !

[Premasce]

Yes, I have 5 years continuous residence on family route.

[Premasce]

Hi,
I have submitted my set M application on 27th Feb 2025. Completed biometrics on 8th March.
Yesterday, I received an email from Home office as below

‐---------‐-----------------------------
In order to qualify for ILR under Appendix FM you are required to have completed at least 60 months under D-LTRP.1.1, as stated in section E-ILRP.1.3 of Appendix FM below:

E-ILRP.1.3. the applicant must, at the date of application, have completed a continuous period of either:

1. (a) at least 60 months in the UK with:

(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or

(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1.; or

(iii) a combination of (i) and (ii);

However, we note from your immigration history that you have not completed enough time under the requisite route of Appendix FM to qualify for ILR.

As such, were you to proceed with your application for ILR, it is highly unlikely that the application for settlement would succeed and result in a grant of ILR.
‐-----------------------

I don't understand the reason for this. I have continuous stay for the past 5 years.

Can you please help me on this? What might be the reason. They have given an option to submit LTR application. What should I do now? I m so confused

[CR001]

Can you list each of the visas you have had and applied for plus the valid from and expiry date of each visa. Also helpful to list exactly what forms you used for each and what the approval letter/emails state.

[zimba]

Yes, I have 5 years continuous residence on family route.

I suspect what you told me is incorrect. You are probably under 10 year route

[Premasce]

Hi,

I entered UK as Tier 1 General dependant on 27 sep 2014.
Visa validity : 6/9/2014 to 29/8/2016
Type of Permit: Tier 1 (General) Partner

Next applied for Leave to Remain as a dependant of Tier 1 migrant under points based system on 23/8/2016 and approved on same day
Visa validity : 23/8/2016 to 23/8/2019
Type of Permit: PBS DEPENDANT Leave to Remain

Next applied for Leave to Remain as a dependant of Tier 1 migrant under points based system on 31/7/2019 and got approved
Visa validity: 02/08/2019 to 02/08/2022
Type of Permit: PBS DEPENDANT Leave to Remain
I had mistakes in my name in this BRP and applied for correction and got the new BRP with below details
Visa validity: 17/10/2019 to 02/08/2022
Type of Permit: PBS Dependant Leave to Remain

Next applied as Partner (FLR M) route on 01/08/2022 and got approved
Visa validity: 02/09/2022 to 02/03/2025
Type of Permit: Spouse/Partner Leave to Remain

Now, on 27.02.2025 applied for ILR and submitted set M application.
Throughout my stay in UK, I was on dependant visa only.
Please check above Details and let me know whether I qualify for ILR.

[Premasce]

Please find below the details of my absences out of the UK
1. 24.10.2015 to 15.11.2015
2. 18.03.2017 to 09.04.2017
3. 20.11.2017 to 09.11.2018 (Maternity)
4. 26.11.2018 to 15.02.2019
5. 14.08.2019 to 31.08.2019
6. 29.02.2020 to 21.03.2020
7. 14.03.2021 to 11.03.2021
8. 27.02.2022 to 20.03.2022
9. 29.07.2023 to 28.08.2023
10. 12.02.2024 to 25.02.2024

Please let me know if any further details needed to validate

[zimba]

Thank you

Note that I assumed you have 5 years under the family route !

I told you above that I assumed you had 5 years under family route but what you shared now suggests you only switched to the family route in 2022 which means you will not be eligible for ILR until 2027. Dependant partner routes (like those old PBS dependant routes) are NOT the same as the family route under Appendix FM.

[Premasce]

Sorry, a mistake in point 7.

7. 14.03.2021 to 11.04.2021

[zimba]

Sorry, a mistake in point 7.

7. 14.03.2021 to 11.04.2021

Your absences do not matter. The family route has no absence limits. Your problem is that you do not have 60 months required under the rules

[Premasce]

OK. So has the rule changed or I did mistake by applying as PBS Dependant? Please let me know

[zimba]

No. Your error was to assume you had 5 years under the family route. Did your spouse settle under Tier 1 General ??

[Premasce]

Yes, my husband got ILR in 2016 under Tier 1 general

[zimba]

In that case, you can apply again for ILR in 2027 as advised and when eligible under the family route