SET M ILR application

[Wandra]

I would really appreciate your advice regarding my husband’s eligibility to apply for ILR under the 5-year spouse route (SET M).

Here are some key details:
• My husband arrived in the UK on a spouse visa on 19th September 2020.
• He extended his FLR(M) in May 2023, and his current leave is due to expire on 9th December 2025.
• Based on the 5-year residency route, he will complete 5 years on 19th September 2025.

We understand that ILR applications can be submitted within 28 days before the completion of the 5-year period. Therefore, we are considering submitting the ILR (SET M) application in late August 2025.

Could anyone kindly confirm if this is the correct approach? Or would we need to wait until closer to the current visa expiry date in December 2025 to apply?

Your guidance and input would be greatly appreciated. Thank you in advance for your time and support.

[zimba]

Visa expiry is irrelevant for ILR. Your husband is eligible for ILR within 28 days of completing his 5 years in the UK.

[Wandra]

Visa expiry is irrelevant for ILR. Your husband is eligible for ILR within 28 days of completing his 5 years in the UK.

Thank you Zimba. We will apply based on 5 year anniversary from my husband landed date.

Another question in SEt M application, do your partner lived with your permanently in the uk since you granted temporary leave?

In 2023, my husband and I (sponsor) travelled to India for holiday/family visit. He returned after one month, but I remained for five more months ( total of 178 days in india, 30 days we were together in india) due to the birth of our child and to spend time with our family.

Can I state this as “5 months away from my partner due to family reasons” in the application? Will this reason alone enough to satisfy Home office?

Will it affect my husband’s ILR, given we were temporarily apart for five months?

Thank you for your guidance.

[zimba]

This has no effect on the ILR