Regarding Immigration History question in Set m application

[EMatta]

Hi,

This is regarding the immigration history question in the Set m(ILR) application that me and my son are applying for after being on FLR m dependant visa for 5 years.

A bit of a background -

Back in 2023, my husband applied for British citizenship. At the time, a solicitor advised that we apply for our son's citizenship as well along with him as there are high chances that he will also get it. The important piece of information that got missed in this conversation was that our son was not born in UK but was born in abroad. As a result of this, my husband got his citizenship but our son was refused the citizenship. We did appeal it again but the appeal was also refused and although we were disappointed, we appreciated that it was as per the rules and the lapse was from our side.

Now coming to the query - when we are now filling the Set m form for our son, what should be our answer for the immigration history question and under which category does it fall? We think we should declare it on the form but what should we select in the details section - does it fall under application for a visa was refused or refused permission to stay or remain? There is no "Other" category for us to select.

Another couple of daft questions please to be absolutely sure - we got our first flr m on 11-02-2021 (date of issue).

1) So are we fine in applying for it now 11-02-2026 even though the for m is valid till 01-04-2026?

2) Set m is the right category to apply in to get the ILR?

Please advise. Many thanks in advance.

Regards

[zimba]

An application for citizenship is NOT an immigration application, it is a nationality application. So you do NOT need to declare anything.

1. Your earliest date of eligibility is the (first date of arrival or FLR(M) issue date) + 5 years - 28 days. The date of current visa expiry is irrelevant.

2. SET(M) is the correct form

[EMatta]

Many thanks Zimba for the confirmation. Very much appreciated.

In continuation to above, am I correct in assuming that me and my son can apply for Naturalisation as soon as we get our ILR and do not need to wait for 12 months as my husband is already a British citizen since 2023?

Your help is very much appreciated.

Many thanks

[zimba]

Yes