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Help! ILR SET (M) or SET (LR)

Posted: Thu Aug 29, 2024 4:33 pm
by Asia098
Hi everyone, need desperate help! Time line for clarification:

2013: Arrived in UK on spousal visa
2016: Extended spousal visa
2019: Messed up and instead of applying for ILR, switched visas to FLR FP (I think) on the basis of my child being born in UK
2022: Granted leave as partner of British Citizen on the 5 year route

I applied for ILR under the Settlement-Private Life, SET(P). I received an email from Home Office saying it's unlikely I will be approved since I don't currently have leave under this category and they are giving me until Monday to re summit an application before refusal.

So does my time line mean that I have "reset" my ILR time line by switching from spousal visa to family in 2019? A solicitor online is claiming that my spousal visa 5 year route will still be valid towards ILR SET M but I don't think so and I think I need to apply for SET LR.

Please help!! Very confused to say the least!

Re: Help! ILR SET (M) or SET (LR)

Posted: Thu Aug 29, 2024 4:52 pm
by zimba
Why don't you seek advice before applying ? SET(P) is not appropriate at all.
Why did you not apply under long residence in 2023 if you have already had 10 years ??

Re: Help! ILR SET (M) or SET (LR)

Posted: Thu Aug 29, 2024 4:58 pm
by Asia098
Do you mean why didn't I seek advice before applying for ILR under SET (P)? I should have, but didn't. It's not really straightforward. I didn't apply in 2023 for ILR because we didn't have the funds. I do now so that's why I am applying/reapplying. Do you have any helpful advice under which application I should do? SET (M) or SET (LR) or can you answer please if it is correct that your "time" resets for ILR on five year partner route if I had switched visas in 2019 from spousal to family?

Re: Help! ILR SET (M) or SET (LR)

Posted: Thu Aug 29, 2024 5:13 pm
by zimba
Time spent under the 10-year parent route and 5-year spouse route cannot be combined. So SET(LR) it is

Re: Help! ILR SET (M) or SET (LR)

Posted: Thu Aug 29, 2024 5:20 pm
by Asia098
Thank you so much. Really appreciate it.

Re: Help! ILR SET (M) or SET (LR)

Posted: Thu Aug 29, 2024 5:26 pm
by zimba
Ensure you understand the recent changes to the long residence route too: viewtopic.php?t=336067#p2171106

Re: Help! ILR SET (M) or SET (LR)

Posted: Thu Aug 29, 2024 6:42 pm
by Asia098
Thank you!