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SET(M) ILR application timings , help needed
Posted: Wed Jul 17, 2013 4:42 pm
by hab
I got the Spouse visa valid from: 20-05-2011
valid until :20-08-2013
and I entered the UK on : 07-09-2011
How soon can I apply for the ILR?
I have plans to apply in premium service before 28 days of 2 years i.e on 12th August 2013 , but i wont be having visa after 20 August 2013.
My husband is British Citizen.
do i need to apply for FLR(M) before applying for ILR??
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Posted: Wed Jul 17, 2013 4:46 pm
by Amber
The 12th August 2013 is fine, the form is set(m). I would suggest applying with the
Settlement Checking Service (click) and saving your money.
Posted: Wed Jul 17, 2013 6:07 pm
by hab
I would need the residency card urgently, how long will this checking service take?
I am calling them over and over again and no reply from their Brent office.
Posted: Wed Jul 17, 2013 6:56 pm
by Amber
Recent applications took 3 weeks but you must allow up to 6 months. You get all your documents back with the SCS but if you need your BRP urgently then the premium service may be more appropriate.
Posted: Thu Jul 18, 2013 12:46 pm
by hab
I have got another confusing reply from some legal service provider...
please have a look,
"""Thank you for your enquiry.
I note that you delayed your entry to the UK for more than three months after the issue of your visa. You would therefore not qualify to apply for ILR on 12th August 2013, should you consider using premium service. It is therefore advisable to submit a FLR(M) application for further leave to remain in the UK as a spouse of a person present and settled in the UK. You may qualify for a further probationary period of 2 years if all the requirements under the rules are met. Thereafter, it is open to you to apply for settlement as soon as you have completed an aggregate of 2 years of probationary period (adding together the initial period of leave as spouse and the necessary number of months from the second probationary period).""""
I am now confused between FLR(M) or SET(M ) form...
Please could you provide me with some Home office enquiry no which is not 08 number..to seek some advice
Re: Which application to file FLR(M) or SET (M)??
Posted: Thu Jul 18, 2013 1:55 pm
by vinny
hab wrote:Hi
I have a query to make regarding the visa application form to file
after receiving the Spouse visa for 27 months, I delayed my journey and reached UK after 3 months and the “valid until” date on my visa is reaching before completing 2 years in the UK, but after 1 year and 28 days criteria to file the SET(M)visa application
do I need to apply for an extension of stay to complete the 2-year period
before applying for indefinite leave to remain on form SET(M).
An application for an extension of stay must be made on form FLR(M)
Posted: Thu Jul 18, 2013 2:04 pm
by Amber
If you are paying a legal advisor why are you coming on here, you must doubt their 'expertise'?
Posted: Thu Jul 18, 2013 2:51 pm
by ryan2020
How settlement checking service save you money. Please explain.
thanks
Posted: Thu Jul 18, 2013 3:06 pm
by hab
No , I am not paying any legal advisor, Its just an introductory email they sent me, and since it was contradicting your point of view. I mention my confusion.
Posted: Thu Jul 18, 2013 3:16 pm
by Amber
ryan2020 wrote:
How settlement checking service save you money. Please explain.
thanks
Because a PEO premium service is more expensive than SCS.
Posted: Thu Jul 18, 2013 3:57 pm
by hab
I assume that I would have to write a personal statement that would defend the duration between the eligibility time for ILR i.e 7th Sept 2013 and the Visa Until time i.e 20-Aug 2013.
How can I do that?
Posted: Thu Jul 18, 2013 4:13 pm
by Amber
hab wrote:
I assume that I would have to write a personal statement that would defend the duration between the eligibility time for ILR i.e 7th Sept 2013 and the Visa Until time i.e 20-Aug 2013.
How can I do that?
Statement for what?
You can apply from
28 days before your 2 year probationary period has been qualified.
Posted: Thu Jul 18, 2013 4:22 pm
by Casa
Exactly. In fact you can apply 28 days before the 7th September...the 2nd anniversary of the date you entered the UK. i.e 8th of August
Posted: Thu Jul 18, 2013 5:28 pm
by Amber
I think it would be from the 10th August 2013.
Posted: Tue Jul 23, 2013 11:42 pm
by hab
I have a query for English language requirement.
I have taken IELTS back in 2011 for the spouse visa, do i need to take ielts test again this time ?
I also have UK NARIC approving certificate for the bachelors degree? will it serve the purpose?
Posted: Wed Jul 24, 2013 2:55 am
by Amber
You need to meet the
KOLL requirements (click) for settlement.
Posted: Wed Jul 24, 2013 8:42 am
by hab
Dear Immigration board members,
I have called the Home Office, Croydon center and discussed my case with them and they specifically asked me to fill out the FLR(M ) form instead of ILR, They also have given me the reference of their website
the excerpt is
" If you delayed your entry to the UK
If you were given a visa in this category but you then delayed your travel to the UK by up to 3 months, you can apply for settlement using application form SET(M) shortly before your visa expires. Provided you meet all the other requirements, we will put your application on hold until you have completed your 5 year qualifying period in the UK.
If you were given a visa in this category but you then delayed your travel to the UK by more than 3 months, you will need to apply using application form FLR(M) for a further probationary period of 5 years. If we give you a further probationary period and you meet all the other requirements for settlement (including the knowledge of language and life), you will be able to apply for settlement as soon as you have completed a total of 5 years' probation (adding together your time spent in the UK under your visa and the necessary number of months from your second probationary period)."
I am now applying for FLR(M), although I have life in UK test passed certificate(which i did to apply for ilr) but still i need to prove the English language skills for FLR(m) with either the NARIC certificate or IELTS document which is expired but were used when I applied for the first time spouse visa
Whats your take on this?
Posted: Wed Jul 24, 2013 10:00 am
by Amber
I have given my opinion, I don't know why you keep going to different sources then asking what shall I do? It seems futile.