SET M - qualifying for ILR

[sharif-1]

Hi everyone,

My wife was granted a spouse visa/entry clearance in June 2013 and entered the U.K. in September 2013 (within 90 days window). Due to exceptional circumstances I lost my job in 2016 prior to her first extension and therefore, submitted a FLR FP in March 2016 due to not being able to meet the financial requirements. The FLR FP was granted in June 2016 under 10 year route. In July 2018, we submitted a FLR M again trying to shorten the time to qualify for SET M. The FLR M was granted yesterday, we can apply for SET M immediately?

Thank you in advance

[vinny]

No. Unfortunately,

E-ILRP.1.3. (1) Subject to sub-paragraph (2), the applicant must, at the date of application, have completed a continuous period of either:

(a) at least 60 months in the UK with:

• (i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or
• (ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1.; or
• (iii) a combination of (i) and (ii);

or

(b) at least 120 months in the UK with:

• (i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1. or D-ECP.1.2.; or
• (ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1. or D-LTRP.1.2.; or
• (iii) a combination of (i) and (ii).

E-ILRP.1.3.(1)(a) has to be continuous. Detouring on the 10 year path broke the continunity of the 60-month path. But the successful FLR(M) puts the applicant at the start of five year path again.

[sharif-1]

Thank you very much for quick response.

So you are saying that the new FLR M has reset her ILR clock. I was under the impression that switching from PBS to FM appendix solely resets the ILR clock.

Has anyone been refused due applying for SET M too early, i.e similar to my scenario

[bluebird12]

Whatever Vinny has mentioned, is correct ..
Your five years period again start from the day you have issued spouse LTR again and you have to complete 60 months from there...

Of course everyone gets refusal if apply early ..