Is ILR Set (M) an option?

[uchida]

Hi Guys,
I have scoured through the forum but couldn't find an answer to my question, so I'm hoping if I post it, someone might be nice enough to give an answer. Furthermore, I hope this is on the right forum.

My best mate currently has a 5 year stay as a refugee. He is due to renew to ILR late next year. He has been living with his partner (who is British) since 2012, and HO are fully aware of their relationship. He is wondering ; if he marries his partner, can he apply for ILR (Set M) bearing in mind that he already has a 5 year permit, of which he has almost exhausted the 5 years already, or will he have to start all over again on the "marriage route"?

Looking forward to responses.

Cheers.

[vinny]

Probably start all over again.

[uchida]

Probably start all over again.

Thanks Vinny for your quick response. I also suspected that he'll have to start all over again, be my mate pointed out that part of the requirements of a Set(M) application is that, the applicant has to have been in a relationship akin to marriage with his partner and cohabiting for at least 2 years prior to the application. He has been cohabiting with his partner for just over 5 years. Does that count for anything?

[vinny]

No. The applicant must have appropriate leave under Appendix FM for at least 5-years first, before being eligible for SET(M).

[Casa]

Your friend is confusing this with the requirements for an Unmarried Partner application.

[uchida]

Cheers for the responses - Vinny and Casa- I appreciate your help.