ILR Set(M) Application

[Vij77]

Hi Everyone,

I have a serious query in regard to my SET M application. Can you please let me know if you had faced the below issue or if someone have any solution that would be helpful . I had searched entire immigration board form and I can not find any post related my issue. The issue is so isolated.

First I will give you the outline of my application. I had entered Uk on 9th December 2016 in a spouse of a British citizen from India and After that I had applied FLR m 2.5 years. On 13 November 2021 I had submitted my SET M application online and on 24 November 2021 I had attended UKVI Biometric appointment and I had selected super priority service.

Note - I had applied 26 days earlier to completing my 5 year (60 months) in uk. I had seen this immigration board as well the Google search told me I can apply 28 days before 60 months for set m.

But now I got a message from ukvcas case handler as below. Kindly let me know wether on 9 December itself I will get a positive result or my application is put on 6 months route and Did I loose my 800£ super priority . The email from case handler is so vague. I do not know I am so worried.

Thank you for your Super Priority Application for Indefinite Leave to Remain.

To be granted indefinite leave to remain you must have completed 5 years under paragraph D-LTRP.1.1 of the Appendix FM route. You entered the UK on 09 December 2016 and you applied for indefinite leave to remain on 13 November 2021. You applied 26 days early before you have completed 5 years. Following our assessment of your case, unfortunately it appears your application will not be processed as a super priority case.

We expect a decision to be made on your application after 09 December 2021.

[zimba]

The caseworker has made an error here. You can be granted ILR within 28 days of completing your 60 month period in the UK, counting from the first date of your entry. You are well within that 28 days, so the caseworker made an error. You should write back and explain that the '28 days concession' should have been considered. If they failed to recognise their error and give you a refund, file a complaint with UKVI and ask for the refund of your priority fees.

This error is clear by reading the relevant official guide and the immigration rules Appendix FM:

GEN.1.13. For the purposes of paragraphs D-LTRP.1.1., D-LTRP.1.2., DILRP.1.2., D-LTRPT.1.1., D-LTRPT.1.2. and D-ILRPT.1.2. (excluding a grant of limited leave to remain as a fiancé(e) or proposed civil partner), where at the date of application the applicant has extant leave as a partner or parent (as applicable) granted under this Appendix, the remaining period of that extant leave up to a maximum of 28 days will be added to the period of limited leave to remain granted under that paragraph (which may therefore exceed 30 months).

Paragraph GEN.1.13, Appendix FM of the rules: https://www.gov.uk/guidance/immigration ... ly-members

The applicant should be advised that, where eligible, they should make a valid
application for further leave to remain as a partner no more than 28 days before their
extant leave is due to expire, or no more than 28 days before they have completed
30 months in the UK with such leave.

Where a person submits an Appendix FM partner application up to 28 days before
they have completed 30 months in the UK with leave to enter or remain as a partner
under Appendix FM, that person will be considered to have met the required
continuous residence period of 30 months as a partner.

From family life guide: https://assets.publishing.service.gov.u ... tances.pdf

[Vij77]

Thank you zimba for quick reply.

Just a query before i raise my concerns with ukvcas, When i first entered uk i was given 30 months and later flr m I have got 33 months, total I have got 63 months. My flr m visa is expirying only on 19 march 2022.

In your message you had mentioned 28 days concession, so the rule only applicable for people visa expiring early in 60 months. Are we mistaken having 63 months visa and applying visa in 59th month?

Kindly clarify, so confused.

[zimba]

No. Entry clearance is granted for only 30 months while a leave to remain is issued for 33 months. Visa expiry is irrelevant. The 28 days concession applies regardless of your visa expiry