ILR - Set(LR)

[Laocoon]

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

[Laocoon]

*on her second FLR(M) visa

[CR001]

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

[Laocoon]

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?

[CR001]

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.

[Laocoon]

Many thanks for clearing this up!