Immigrationboards.com

Hello,

I just wanted to sanity check the following.
I am a British citizen and my wife is a non-EU national who is one her second FLR(M) visa, which will expire in April 2021.
She will soon have 10 years residence in the UK from 2009 via a mixture of T2,T4 and FLR(M) visas.
She does not yet have 5 years under the FLR(M) visa.

Am I correct in thinking that she is able to apply for ILR via the 10 year route using the Set(LR) form (and not the Set(M) form)?

Thanks,
Laocoon

*on her second FLR(M) visa

All visas count for ILR based on long residence on form SET(LR), provided she meets all the standard requirements.

Hi CR001,

Thanks for the confirmation.

The Home Office could definitely make the following wording better (from https://www.gov.uk/settle-in-the-uk/y/y ... ur-partner):

"If you’re on the 10-year route, you must have been living in the UK on that visa for 10 years"

as it makes it sound like the 10 years must have been acquired via a single visa and not a mixture.

Am I also correct in thinking that she is not eligible to apply for ILR via the SET(M) route because of not yet reaching 5 years under the FLR(M) visa?

The Home Office could definitely make the following wording better (from https://www.gov.uk/settle-in-the-uk/y/y ... ur-partner):

"If you’re on the 10-year route, you must have been living in the UK on that visa for 10 years"

as it makes it sound like the 10 years must have been acquired via a single visa and not a mixture.

That is referring to a different visa category that is a 10 year route, i.e. 4 x 2.5 year visas on FLR(FP) and NOT a reference to ILR based on 10 years long residence as your search was specifically for a spouse of a British citizen! You are confusing two completely different things. See the link below regarding ILR based on long residence.

https://www.gov.uk/long-residence

https://www.gov.uk/government/publicati ... -residence

Am I also correct in thinking that she is not eligible to apply for ILR via the SET(M) route because of not yet reaching 5 years under the FLR(M) visa?

Correct, she needs 5 years on FLR(M) spouse visa for ILR based on 5 years residence.

Many thanks for clearing this up!