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Set (M) 60 Months time period..

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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saqibr1
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Posts: 36
Joined: Thu Apr 28, 2016 5:14 pm

Set (M) 60 Months time period..

Post by saqibr1 » Fri Aug 25, 2017 5:22 pm

Hello Everyone,

I have a question from the experts in this forum or from the people who have already applied for ILR for their spouses based on 5 year rout. My question is regarding 60 months time period.

Actually I came in UK on Tier-1 General visa and received my ILR after completion of 5 years. My wife joined me in UK as PBS dependent. On completion of her 1st year as a PBS dependent I applied for my ILR and after that I applied for further leave to remain for my wife on FLR(M) which was granted for 30 months. After that I applied for her extension on FLR(M) form and received another 30 months leave to remain extension. Now her overall 5 years are completing by the end of this year which means ( 12 months as PBS dependent and 38 Months on spouse visa FLR(M)). Now my question is can I apply for her settlement on the completion of 5 years (PBS dependent time + FLR(M) time), or should I wait for the completion of 5 years for her on FLR(M) visa then apply for set(M).

Can any senior member or a person who were in the same situation and applied for his/her spouse and received a result please suggest what should be the best course of action I should take, should I apply on completion of overall 5 years or should I wait till the completion of 5 years based on FLR(M) thanks.

Regards
Raza

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Casa
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Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Set (M) 60 Months time period..

Post by Casa » Fri Aug 25, 2017 6:35 pm

Time spent on a combination of visa categories only qualifies under 10 year long residence. Your wife will have to continue on her FLR(M) visa until she has completed the full 5 year period.

As you were granted ILR under the 5 year residence (not under LR), your wife could have continued to extend as your PBS dependant.
Switching to FLR(M) reset her immigration clock to zero. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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