Time Scale for SET(M) ILR

[Sunny912]

Hi

Please can some advise me as my SET(M) ILR application has gone well above 6 month timescale, its 10th Month now but still not received any reply back. They asked for my new born birth certificate 3 months ago which i provided but never heard since.

Any advise/Help would be appreciated. Thanks

[CR001]

What is your full immigration history with all relevant dates?

[Sunny912]

Hi

I came in the UK on Spouse/Civil partner Visa which was granted on 22 November 2013 till 22 August 2016, then after that i applied for SET(M) ILR for which i was eligible to apply by that time.
Applied for ILR in August 2016, and in the meantime we have a baby just couple of days after i submitted my application as Valid date was expiring otherwise i could've wait. But i included my wife's hospital letters and GP letters as proof of address.

February this year by the end of 6 month timescale, they asked me to provide my child's birth certificate which i did but since then no update or development. I called couple of days ago into their call center they advised my application yet not completed, if we need anything further will contact. On top of this one more thing i forgot to mention that can i go for a new employment while my application in progress?

Many Thanks

[CR001]

Was that your first spouse visa you got in 2013?

Did you apply for it outside the UK or within the UK?

When did you enter the UK in a spouse visa?

What was your immigration status before the 2013 spouse visa?

If you have only had the spouse visa since 2013 and it is your first UK visa, you don't qualify for ILR yet and you should have applied for a spouse visa extension on FLR(M) for another 2.5 years because you must have 5 years residence as a spouse before you qualify for ILR.

[Sunny912]

Thanks

I entered the UK in December 2013.

Yes it was my 1st Visa and applied outside UK, and i was resided outside UK.

Should i withdraw my application instead of waiting till the end and being refused??

Thanks

[CR001]

HO might grant you FLR(FP) partner route, which will be a 10 year route to ILR. If you withdraw your application, you will be an overstayer from the date your visa has expired and that will create problems.

Who advised you to apply for ILR too early?

[Sunny912]

Hi

There are close friends who applied ILR SET(M) category after the completion of first Visa, provided that your suppose has to be a British, and on top i read through the guidelines and conditions before applied and used SET(M) application form otherwise could've used FLR form.

Can you please advise if i can go for another employment while my application in progress??

Many Thanks

[CR001]

You might be confusing yourself as there there used to be a 27 month spouse visa after which ILR could be applied for. This rule was changed in July 2012 and all spouses now require 5 years residence before they qualify for ILR.

There were other changes in 2014 regarding PBS Dependents but this is not relevant to you.

[Sunny912]

Hi CR001

Thanks for your reply.

What should i do then wait as its over 10 months now? or should i get my Local MP involved? as i might need to travel in couple of months time, and if so how i can ask HO for travel Docs?

Many Thanks appreciate your advice.