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SET (M) application 28 days prior the qualifying period

Posted: Sun Jan 06, 2019 10:21 am
by Liban086
Hi,

I am applying for ILR set m spouse 5 year route. I entered the country on 18 jan 2014 and i will qualify on 18 jan 2019. Therefore can I apply before 28 days of that period ?
and please can you reference where it says I am allowed to apply set m before 28 days of the qualifying period.

I have checked the gov website and it only mentions the completion of the 60 months in the uk.

Ant response will be appreciated
Thank you

Re: SET (M) application 28 days prior the qualifying period

Posted: Sun Jan 06, 2019 10:29 am
by Casa
https://assets.publishing.service.gov.u ... .0-EXT.pdf

"Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period
."

Re: SET (M) application 28 days prior the qualifying period

Posted: Sun Jan 06, 2019 10:40 am
by Liban086
Thanks casa for replying to my post. Appreciate the link you attached, but the categories covered in this guidance does not include set m application. I think that is the tricky bit that confuses people. I dont know if they require the mariage application to complete full 60 months except pbs spouse visa which is mentioned in this guidance.

Thanks again

Re: SET (M) application 28 days prior the qualifying period

Posted: Sun Jan 06, 2019 10:49 am
by Casa
The rule is the same.

Re: SET (M) application 28 days prior the qualifying period

Posted: Sun Jan 06, 2019 1:27 pm
by Liban086
Thanks casa but still home office can say this is special guidance for those categories, I have read threads of people got rejected for counting from the date of their first entry clearance was approved and they were told by the home office that rule is not for marriage visa. There fore is there any other reference for set m or a general guidance for every category.

Excuse my questions, I just don’t to loose the application money for applying early.

Re: SET (M) application 28 days prior the qualifying period

Posted: Sun Jan 06, 2019 1:50 pm
by CR001
For a spouse visa holder applying for ILR, your residence clock starts from the date of entry to the UK. The reference you are making to date of visa issue is for a completely different visa category.

A spouse visa holder can apply for ILR no sooner than within 28 days before reaching 5years residence, ie within 28 days of 5th anniversary of entering the UK.

The 28 days before concession, whether from date of entry or date of visa issued depending on category of visa held, applies to ALL UK immigration applications. It has been in place for many years and while many rules change, this concession has not.

1000s have done this, myself included for ILR from a spouse visa, and not had refusals or problems.

Re: SET (M) application 28 days prior the qualifying period

Posted: Mon Jan 07, 2019 9:50 am
by Liban086
Thank you so much for your your reply’s guys

Re: SET (M) application 28 days prior the qualifying period

Posted: Thu Jan 10, 2019 9:22 am
by Liban086
Hi,

I wanted to know one more thing.

How long is the gab allowed between your application day and the last payslips you get, because I want to apply 21 January 2019 and my last payslips was 23 December, because I get paid on 23rd every month.

How long can be described as most recent payslips 10 days, 15 days.

Please share your experience if you had encountered some thing like this before.

Thanks

Re: SET (M) application 28 days prior the qualifying period

Posted: Thu Jan 10, 2019 9:23 am
by CR001
The last payslip and bank statement can't be older than 28 days.

Re: SET (M) application 28 days prior the qualifying period

Posted: Thu Jan 10, 2019 9:43 am
by Liban086
Thank you, that is very helpful.

Re: SET (M) application 28 days prior the qualifying period

Posted: Mon Jan 14, 2019 10:10 am
by Liban086
Hi, would to know one more thing.

I work as a flexible contract for an agency with variable hrs, so Being with the same employer for more than six months I am applying under category A.

I earned for the last six months 8,000. I am combining it with my spouses income of part time salaried employment, she earned for the past 6 months 3,400 with the same employer.

Evidences I got
Payslips, bank statement, work contract,
An Employment letter which is not stating my annual gross income which they can’t provide because I work flexible variable hrs.

So my question is would that employment letter be ok and have you seen any cases where HO made refusals on employment letter not stating annual gross income for non salaried jobs.

Re: SET (M) application 28 days prior the qualifying period

Posted: Thu Feb 07, 2019 4:44 pm
by sumairc
Hi,
I am on the same boat as Liban086.

Mrs arrived in the uk on the 14th Of April 2014 on Spouse Visa, hence after reading I think I can apply for her ILR around 18th of March 2019.

Can you please correct me if i am wrong, also in the form it says how long have you stayed in the UK, what should we write in the form "5 years" or "4 years 11 months"?

Please suggest.

Re: SET (M) application 28 days prior the qualifying period

Posted: Fri Feb 08, 2019 11:34 am
by hixad
I would love to know the answer for this too. Can you apply 2-3 months before expiry or do you have to stick to the 28 days?