Different between SET(LR) and SET(PL)

[londonpz]

Hey I am making an enquiry on behalf of my friend who will be due for ILR in a couple months:

Immigration history as follows:

1. Granted LTR in 2015 after Further submissions for a failed asylum claim, this was considered leave outside the rules according to the decision letter. His wife, daughter (u18 at the time) and him were granted this leave.

2. In 2018, leave renewed under paragraph GEN 3.2 of Appendix FM (exception circumstances that would render refusal breach of Article eight). wife, him and daughter (over 18 now) granted renewal.

3. Third renewal in 2021 was refused as HO argued that daughter has established her own life and is now a british citizen, however after challenge in First Tier Tribunal this was overturned and leave was granted in 2023. (the time from refusal and appeal at First tier tribunal all came under Section 3c, the judge clarified in the decision). The home office decision implementation letter said the leave was based on "Article eight (ECHR) right to private life"

My friend will now complete ten years legal residence soon and wanted to know which form he can use to apply (SET LR or SET PL) and do the requirements vary between the forms. Without looking at the specific rules for both forms, I can see that SET (LR) is listed as eligible for super priority decision while SET (PL) isn't. What other differences are available between the two. Based on his immigration history above can he go for SET(LR) or is he restricted to apply under SET (PL) only.

Please let me know your thoughts.

regards

[zimba]

Immigration forms may often cover multiple routes to ILR. You simply need to figure out which route they qualify under and then choose the appropriate form. The immigration history you provided does not make it clear under which part of the rules some of these visa were actually issued. It is not clear why there were granted leave under the family route in 2018 and then later on granted visa under some other route. How did they get visa issued under family rules ?

They certainly can apply for ILR under the long residence route using form SET(LR) assuming they meet the requirements, but note that recently some of the requirements were changed under this route.

See: Lawful and continuous residence changes to Long Residence route from 11 April 2024

[londonpz]

Immigration forms may often cover multiple routes to ILR. You simply need to figure out which route they qualify under and then choose the appropriate form. The immigration history you provided does not make it clear under which part of the rules some of these visa were actually issued. It is not clear why there were granted leave under the family route in 2018 and then later on granted visa under some other route. How did they get visa issued under family rules ?

They certainly can apply for ILR under the long residence route using form SET(LR) assuming they meet the requirements, but note that recently some of the requirements were changed under this route.

See: Lawful and continuous residence changes to Long Residence route from 11 April 2024

Hey thanks for the reply, in 2018 they applied to renew their leave, which I mentioned was granted outside the rules in 2015. In deciding the application, the home office granted the daughter based on 18-24 half life rule and granted the parents using Appendix FM even though the daughter was over 18 but they agreed that she was still dependent on them.

In 2021, they applied based on the same logic, but the home office said in the refusal that the daughter is not dependent on them anymore and refused the application. An on time in country appeal was made to the first tier tribunal and the judge allowed the claim based on their article 8 rights, hence the latest leave in 2023.

They meet the new residency requirements for SET (LR) ( a) hardly any absence, b) have been on this leave for more than a year and c) will only be relying on the 10 year period preceding the application). So I am assuming they can apply using SET(LR) however is there a requirement for people that have been granted leave based on their private life to only apply using the form SET(PL) or there is flexibility in which form they choose? Thanks a lot in advance.

[zimba]

Under the long residence, the current visa route of the applicant is not relevant. SET(LR) can be applied by ANYONE who has 10 years of lawful continuous residence as per the rules

[londonpz]

Under the long residence, the current visa route of the applicant is not relevant. SET(LR) can be applied by ANYONE who has 10 years of lawful continuous residence as per the rules

Thanks