SET(M) Timeframe

[MPH80]

Just wondering if someone can help me with something specific here.

My (now) wife applied for a fiancee visa in Peru and was granted on Jan 3rd, entering the UK on Jan 20th. We got married and converted her visa to a spouse one using FLR(M).

I've just been reading up about the 'next steps' - e.g. SET(M) so we can be prepared.

It says on the BIA website:

If you were given permission to stay in the United Kingdom as an unmarried or same-sex partner and are now applying for permanent residence as the husband, wife, or civil partner of the same person, your two-year qualifying period started:

* when you received permission to stay as an unmarried or same-sex partner; or
* on the date when you arrived in the United Kingdom, if this was later than the date on which you were given a visa to come here in this category.

Now - I would interpret that to mean that her 2 year period started on Jan 20th. However, I notice that it says very specifically that you have to have been given permission to stay as the unmarried or same-sex partner, which is a different visa category I believe from fiancee - although "unmarried partner" is (to me anyway) the same in terms of terminology.

Can anyone clarify when she can apply for SET(M)? Is it 28 days before Jan 20th or is it 28 days before her FLR(M) was granted?

TIA!

M.

[vinny]

She may apply for SET(M) no sooner than 28 days (4 weeks) before the expiry of her FLR(M) and before her FLR(M) expires. Don't forget the KOL requirements.