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SET(M) and days absent confusion

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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jjmatuk
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Joined: Sun Nov 24, 2013 4:33 pm
South Africa

SET(M) and days absent confusion

Post by jjmatuk » Mon Jan 14, 2019 8:01 am

My spouse entered into UK on 29 Jan 2013 as an unmarried partner of a settled person in UK. We are still together and still unmarried.
During 2014 she was out of the UK for several visits totalling more than 180 days absent in a rolling year to care for her adult son. She was however not absent for more than 180 days during a single period of absence.

We applied for FLR(M) towards the end of 2015 which was granted early in 2016.
We extended her stay again by mid 2018 by means of a second FLR(M) application.

I now believe that we could have applied for ILR SET(M) in 2018, as the days abroad regulations ie,
1. No more than 180 days in a rolling year absent,
2. No more than 450 days in total in the 5 previous years absent,
3. No more than 90 days in the last 12 months absent,
does not apply to the SET(M) category, but it does apply when you apply for British Citizenship?

Can someone please confirm this?

Many thanks

James

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CR001
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Re: SET(M) and days absent confusion

Post by CR001 » Mon Jan 14, 2019 8:16 am

1. There is NO absence limit for family settlement visa holders. It applies to a completely different visa category, ie points based work visas.

2. Relevant ONLY to British citizenship and not ILR.

3. Relevant ONLY to British citizenship and not ILR.
Char (CR001 not Casa)
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jjmatuk
Newly Registered
Posts: 3
Joined: Sun Nov 24, 2013 4:33 pm
South Africa

Re: SET(M) and days absent confusion

Post by jjmatuk » Mon Jan 14, 2019 5:33 pm

Thanks for confirming this!

:D

Regards
James

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