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SET(P) - residency requirement?

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

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ariskar
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SET(P) - residency requirement?

Post by ariskar » Wed Apr 18, 2018 1:13 pm

Is there a residency requirement for obtaining ILR through Settlement - Protection route: SET(P) form?

If one has used their travel document and in large part of their 5-year refugee leave they stayed abroad, would that affect their settlement application?

One can stay in certain (mostly European) countries visa-free up to 3 months or in others with Visa using their Convention Travel document.

The example in question has never been continuously out of the UK for more than 3 months (questions 2.5 - 4.13), however in one year stayed 8/12 months in 3 different European countries and in another 6/12 months, returning to UK or travelling through UK between absences.

Would the absences affect the application?

Should that be declared anywhere (there is no such express provision in the form SET(P))?

secret.simon
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Re: SET(P) - residency requirement?

Post by secret.simon » Wed Apr 18, 2018 1:35 pm

ariskar wrote:
Wed Apr 18, 2018 1:13 pm
Should that be declared anywhere (there is no such express provision in the form SET(P))?
Question 2.4 and 2.5 in that form?

There do not seem to be any absence requirements for SET(P) under Immigration Rule 339R.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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ariskar
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Re: SET(P) - residency requirement?

Post by ariskar » Wed Apr 18, 2018 9:19 pm

secret.simon wrote:
Wed Apr 18, 2018 1:35 pm
ariskar wrote:
Wed Apr 18, 2018 1:13 pm
Should that be declared anywhere (there is no such express provision in the form SET(P))?
Question 2.4 and 2.5 in that form?

There do not seem to be any absence requirements for SET(P) under Immigration Rule 339R.
True, the answer would be negative in both cases, as each of the stays did not exceed a continous 90 days, hence technically wouldn't need to provide information, regardless of the fact that the applicant has not been in UK for most part of a year. :roll:

Thank you for confirming my assumption.

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