Advise on long absence-ILR under SET(M).

[sarav123]

My wife entered the UK on 26 July 2021 and has continuously held FLR(M) leave as the spouse/partner of a British citizen, with no gaps in her immigration status; her current FLR(M) is valid until 26 September 2026, and she is now approaching eligibility to apply for ILR under SET(M).

During her qualifying period, she had three significant absences from the UK: 13 February 2022 to 6 December 2022 (296 days), when she travelled to India while pregnant, contracted COVID-19, was unable to return as planned and ultimately gave birth in India; 11 February 2023 to 21 March 2023 (38 days), following the death of her father; and 15 March 2024 to 4 July 2024 (111 days), when she returned to India to support her mother following her father’s death.

During the longest absence, I remained based in the UK for part of the period due to work and travelled back and forth to support her, while our family and UK home remained established here. I am a British citizen.
I would be grateful for advice whether we need you write a letter explaining the absences( noted from previous post on ILR SET M application does have 180 days requirement), you would recommend that we make the application ourselves or use a solicitor/immigration adviser.

Thank you for all your support

[CR001]

Set M does NOT have any absence limits at all.

[sarav123]

Set M does NOT have any absence limits at all.

Thank you so much

[sarav123]

Set M does NOT have any absence limits at all.

Hi CR001,

Thanks for your reply,

Can I apply for my daughter (4 yrs old) along with my wife's ILR, as she has the same visa as wife? However, she hasn't finished 5 yrs yet.

Kind regards
Sarav

[CR001]

Children do not have a 5 year residence requirement. They apply to settle when the parent does.

Also, how are you British and when did you become British?

[sarav123]

D

Children do not have a 5 year residence requirement. They apply to settle when the parent does.

Also, how are you British and when did you become British?

Dear CR001,

I am British by naturalisation and got my citizenship in May 2022

Thank you,
Sarav

[secret.simon]

While there is no absence limit on an SET(M) application, as mentioned by CR001 above, be aware that there are strict and multiple absence requirements for naturalisation applications. Naturalisation is not a part of the immigration pathway, which ends at ILR. It has its own laws, rules and requirements.

As the spouse of a British citizen, your wife can apply for naturalisation immediately after being granted ILR, if she was physically present in the UK at the start of the three year period immediately before the date of naturalisation application. There are also specific absence requirements in both the 3 years and 1 year period before the date of naturalisation application.

You can apply for your child to be registered as a British citizen immediately after both the child and the mother have got ILR. There are no absence requirements for the child.

Factor all that in your planning ahead.

[sarav123]

While there is no absence limit on an SET(M) application, as mentioned by CR001 above, be aware that there are strict and multiple absence requirements for naturalisation applications. Naturalisation is not a part of the immigration pathway, which ends at ILR. It has its own laws, rules and requirements.

As the spouse of a British citizen, your wife can apply for naturalisation immediately after being granted ILR, if she was physically present in the UK at the start of the three year period immediately before the date of naturalisation application. There are also specific absence requirements in both the 3 years and 1 year period before the date of naturalisation application.

You can apply for your child to be registered as a British citizen immediately after both the child and the mother have got ILR. There are no absence requirements for the child.

Factor all that in your planning ahead.

Hi CR001 and secret.simon,

Thanks for your valuable advice,

Apart from the long absence, we don't have any issues. Hope we can submit the application ourselves instead of a solicitor.

Kind Regards
Sarav