Clarifying the SET(LR) starting date

[spatula]

Hi knowledgeable board members,

I'm about to apply for SET(LR) on 10-year basis. I had continuous leave to enter/remain since Oct 2012 but I couldn't apply in Oct 2022 because I have >540 (or 548) days out of country.

I've left the UK on 1 April 2013 (returned 12 May 2023), and between 1/4/2013-1/4/2023, I have total absences of 568 days. Using the 28 day early application, if I apply on 1/4/2023, I will have been treated as if applying on 28/4/2023, and thus reducing to 540 days, satisfying the requirement.

However, I have consulted a solicitor and he said I can't apply on 1 April since the start/end of the 10-year period must be in-country, and I had to apply after 12 May 2023. Is this correct? I've read the guidelines and have question on his interpretation.

Can I apply on 1/4/2023 even through I've left the country on 1/4/2013 for a month and rely on the existing leave for those period despite I was not physically in the UK? Thanks a lot

Edit: also I would like to ask when will the clock starts if I want to apply on 1/4/2023, can I submit online application form and pay before this day and only submit biometric on 1/4, or does the online application have to be after this date?

[zimba]

The rules allow you to qualify for ILR if you ever had 10 years of continuous lawful residence at anytime in the past, so the date of the application sometimes is not relevant. I also agree that the start of your 10 years must be a date when you either entered the UK initially or you were present in the UK to fulfil the requirements. That is the point from which you count the 10 years. The 28 days concession then allows you to simply apply within 28 days of completing that 10 years (the earliest date to quality)

[spatula]

I also agree that the start of your 10 years must be a date when you either entered the UK initially or you were present in the UK to fulfil the requirements.

Thanks for your reply Zimba, I read from the caseworker guidance that:

Lawful residence is defined in paragraph 276A of the Immigration Rules as a period of continuous residence in which the applicant had one of the following:
• existing leave to enter or remain

Having existing leave to enter does not necessarily require the person to be in the UK?

[zimba]

No but that period is counted as absences after you start your lawful residence in the UK. However, you need a point from which you started your lawful residence. That is why for people who want to apply at the earliest point possible, the very first date of entry to the UK must be used to count the 10 years period

[spatula]

Hi,

I'm wondering in what sense does the submitting 28 days early for 10-year long residence applies?

Does it mean I could submit my online application form 28 days in advance to qualification,

or

Does it mean I could submit my online application before that, then make sure I submit my biometrics only 28 days in advance?

Thanks a lot!

[AmazonianX]

Hi,

I'm wondering in what sense does the submitting 28 days early for 10-year long residence applies?

Does it mean I could submit my online application form 28 days in advance to qualification,

or

Does it mean I could submit my online application before that, then make sure I submit my biometrics only 28 days in advance?

Thanks a lot!

You can submit application 28days before meeting or completing the time requirement, you then have 45days from the submission of application within which you should book and attend biometrics appointment.

[zimba]

see: indefinite-leave-to-remain/dependent-el ... l#p2072912

[sgan12]

Hi Spatula!
I'm in a very similar situation to you and wondering how you got on with your application? Thank you!

Yours sincerely,
S

[AmazonianX]

Hi Spatula!
I'm in a very similar situation to you and wondering how you got on with your application? Thank you!

Yours sincerely,
S

If you have got questions ask in your own thread. Op not visited here in a month.

[spatula]

Hi all,

Just an update over my previous post (locked so) which I think can serve to a broader interest.

I was been told by multiple people on this forum that SET(LR) starting date is the date of entry to the UK, NOT date of grant of (your very first) visa of the 10-year period.

This is not correct, I have applied for 10-year cont. residence and successful relied upon the starting date as the date of issue prior to me arriving in the UK.

Further info regarding this was also made by the Home Office on the FOI post (in case outside link not allowed, you can google FOI: Qualifying period for 10years ILR. Date of issuance of visa or date of entry in UK?) And read the response by Home Office.

I hope this serve as a clarification in such issues.

PS: I also applied 28 days earlier with so I submitted my online form 40 days earlier but only submitted biometrics 28 days early and had no problems, so this will be the counterexample of some other things people been saying which is incorrect.

[zimba]

For the ILR under long residence, the date of visa issue date or the date of first entry actually may not be relevant. As I explained above, the rules allow you to qualify for ILR if you ever had 10 years of continuous lawful residence at anytime in the past, so the date of your ILR application or first entry may not always be important.

The reason why the date of entry is used often is because most applicants want to qualify at the earliest possible time for their ILR, so in those cases, their date of first entry should be considered to see if they can apply. However if they already completed their 10 years of lawful residence, their first date of entry will be irrelevant.

Also, note that FOI requests cannot be relied on for immigration advice