Q&As

When applying for ILR as a partner under the five-year route of Appendix FM, does the applicant need to have completed at the date of the application a continuous period of 60 months in the UK or can they submit an application up to 28 days before they would reach the end of the specified period of 60 months (as specified in the guidance notes to form SET(M))?

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Published on LexisPSL on 16/03/2018

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • When applying for ILR as a partner under the five-year route of Appendix FM, does the applicant need to have completed at the date of the application a continuous period of 60 months in the UK or can they submit an application up to 28 days before they would reach the end of the specified period of 60 months (as specified in the guidance notes to form SET(M))?

When applying for ILR as a partner under the five-year route of Appendix FM, does the applicant need to have completed at the date of the application a continuous period of 60 months in the UK or can they submit an application up to 28 days before they would reach the end of the specified period of 60 months (as specified in the guidance notes to form SET(M))?

In relation to an application for settlement in the five-year partner route, Appendix FM to the Immigration Rules provides so far as relevant:

‘E-ILRP.1.3. (1) Subject to sub-paragraph (2), the applicant must, at the date of application, have completed a continuous period of either:

(a) at least 60 months in the UK with:

(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or

(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1.; or

(iii) a combination of (i) and (ii);

…’

Unlike other categories such as applications under Part 6A (points-based cases) of the Immigration Rules, there is no reference in guidance to an applicant being able to count the period between grant of entry clearance and physical entry into the UK towards this 60-month qualifying

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