Set (M) Application Form Guidance for ILR

What is the Set M form?

Set M is an application form used to apply for ILR in the UK as a partner of a person or a parent of a child who is present and settled here.

The Set M application should only be used to apply for ILR if you currently have Leave to Remain as:

• The partner of a British citizen, settled person, or person with refugee leave or humanitarian protection. A partner is a person who is married, in a civil partnership, or the unmarried same-sex partner of a British citizen or a person settled in the UK. Applicants must also intend to live with their UK-based partner to gain ILR using the Set M form.
• The parent of a child who is present and settled in the UK. Parents applying under this route must have parental responsibility for their child based in the UK.

When should you use the Set M form for an ILR application?

The Set (M) guidance states that applicants are eligible for ILR if they are on the:

• 2-year route to ILR and have already been in the UK for at least 2 years with leave on that route, or
• 5-year route to ILR and have already been in the UK for at least 5 years with leave on that route (the 5-year route applies to most people in this situation).

The very earliest you can apply for ILR using the Set M application form is 28 days before you meet the eligibility criteria outlined above for time spent in the UK. Applications submitted before this will most likely be refused by the Home Office.

Important note: The ILR Set (M) guidance states you must apply before your current family visa expires. This means that if your family visa expires before you are eligible for ILR, it should be renewed before you apply.

Things to check before you submit your Set M form

If you are applying for ILR as a partner, before you submit your application, please consider visiting our article “how to apply for ILR as a spouse visa holder” for more details on the requirements and documents needed.

Here we summarise some important points to check to ensure your ILR Set M application is successful:

1. You are using the right form for your ILR application.

The Set M form should only be used if you have been in the UK for the required amount of time to gain ILR (see below) as a parent or partner of a settled person. If you are applying as a dependant of a person with a points-based visa (e.g. Skilled Worker visa), you should apply for ILR using form Set O. Alternatively, if you are applying for ILR as a partner of a person who is or was in the HM armed forces, you should use Set AF.

2. Apply no more than 28 days before you meet the ILR qualifying time in the UK (2 or 5 years) as a family visa holder.

3. You and your partner or child/ren are present in the UK.

4. You meet all of the eligibility requirements for ILR. For example:

• You have been living in the UK on a family visa for long enough to meet the qualifying time for ILR (as explained above)
• You meet the financial requirements: if you are on the 5-year route to ILR, you and your partner must have a combined income of £29,000 a year or more. You can also use savings of over £16,000 towards meeting the financial requirements. If you are on the 2-year route, you will need to show you both have sufficient funds to house and support yourselves and your children without the need to apply for public funds.
• You meet the English language requirement: for those between the ages of 18 and 64, most applicants must have an English language qualification of level B1 in speaking and listening. You will also meet this requirement if you have a degree taught or researched in English or if you are a national of an English-speaking country.
• You passed the Life in the UK test.

5. You complete the application form fully, genuinely, and honestly.

6. Have not missed any details, including:

• In section 8D of the Set M application, provide an explanation of why you want to remain in the UK. Many people leave this section blank, but adding any detail as to why it is important for you to remain indefinitely should be included.
• Provide a full and accurate address history
• In section 9, any criminal records, convictions, or civil judgments.

7. Have paid the correct application fee.

8. Upload any documents requested by the Home Office. It is important to ensure that any documents which require translation are translated properly to the standard required by the Home Office.

9. Sign your application form.

10. Do not leave the UK, Ireland, or the common travel area once your application is submitted.

Set M ILR application processing time

The standard processing time for ILR applications using the Set M application form is up to 6 months. In practice, you may receive a decision anytime between 8 weeks and 6 months. The more complete your application, the shorter this time will be. Alternatively, you can pay £1,000 for a super-priority service to get a decision by the end of the next working day.

Can you include a dependant’s application in the same Set M form?

Yes, you can include your dependant children on your Set M ILR application form if they are with you in the UK. You will need to pay an additional application fee for each child applying. You will also need to ensure that they meet the criteria as a dependant. This means that they are under 18 years and not living an independent life (i.e. married).

How much does it cost for an ILR application?

The ILR application fee when using the Set M application form is £2,885 for each person applying. You will not need to pay the biometric fee or the immigration healthcare surcharge.

How can Reiss Edwards help?

Reiss Edwards specialises in all areas of immigration law, including indefinite leave to remain (ILR) as a family member. Our immigration lawyers can:

• Confirm your eligibility to apply for ILR
• Prepare and submit your ILR application on your behalf and of your family members
• Collate, check, and upload all documents required to support your application for ILR
• Handle any queries from the Home Office
• Handle a refusal of ILR
• Discuss your plans for British citizenship once you have ILR.

For assistance with any matter relating to applying for ILR as a family member of a person settled in the UK, please speak to our immigration lawyers for a free telephone consultation on 020 3744 2797 or by email at info@reissedwards.co.uk.