SET(M) partner visa 5-year route

[squared]

Hi all,

We are about to start the application for my wife's ILR and I'm getting bamboozled by some of the wording on the forms. Could someone help with my questions below:

1. Application dates
I think using this guidance I have worked out the earliest date we can apply (despite this form not specifying it is applicable for spouse visas). The thing I am confused about is whether there is a "latest" date? I am assuming it's the end date on my wife's BRP but I can't find anything to clarify this.

2. Holidays outside the UK
This seems bonkers to me but since the FLR(M) we now have to detail every trip in and out of the UK. We have managed to get this information together but I have noticed that if there is any period where we are out for >30 days in a year we have to have my wife's company provide documentation to say she was on annual leave. She has been at her current company for 2 years so we can get a letter from her current employer but there's no way her previous employer is going to provide this. Also as she gets 25 days holiday when you include weekends this puts us over the 30 days threshold despite there being less than 25 working days spent outside the UK. I can't see anything that refers to working days, just days, and so we are in the territory of their discretion. Any advice what we should do here?

Our application is so simple and yet the forms are incredibly confusing. I really feel for anyone with a complicated situation -- there's just no way to know if you're avoiding all the pitfalls...

Thanks in advance!

[CR001]

The guidance you are reading is not relevant to set(m) applications.

You can apply within 28 days before reaching 5 years residence, calculated from date of entry to the UK on a spouse visa or date of flr(m) grant if switched within the UK.

The 30 days mentioned in the guidance is NOT relevant to set(m). You are reading the points based visas and work visa document which are different rules to spouse visa.

[squared]

Thanks so much for the reply! -- she entered on a spouse visa and then did a 30 month FLR(m). So I think the earliest she can apply is march this year (based on april 2013 + 5 years - 28 days).

But, the thing I am trying to work out is, can she still apply after 5 years but before the end date of her biometric resident card valid date? (which looks to be the 30 month FLR(m) extension date -- but this end date isn't stated on her extension letter, only on the biometric resident card ).

Also thanks for letting my know about the 30 day holiday requirement!

[CR001]

can she still apply after 5 years but before the end date of her biometric resident card valid date?

Yes.

If she entered the UK in April 2013, she can apply now as long as it is within 28 days before the 5th anniversary.

The fees go up on 6th April.