Set M: ILR Application Guide 2025

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The Set M form is used to apply for UK indefinite leave to remain (ILR) if you are the partner, parent or child of a person who is already settled in the UK or a British citizen.

With ILR, you can live and work in the UK unrestricted by the length of stay and without immigration limitations. You will also be able to access benefits such as health services, education and be on the pathway to gaining British citizenship.

 

Who should apply for ILR using Set M form?

 

The Set M form should be used if you are applying for indefinite leave to remain for family life as the partner of a person who is present and settled in the UK on the 2 year route or the 5 year route.

The 2 year route requires that you have been granted limited leave for 27/24 months and have completed at least 24 months under part 8 of the immigration rules from the date of entry into the UK as a partner.

The 5-year route and requires that you were granted 30 months limited leave to remain and have completed at least 60 months.

Partner meaning married, civil, unmarried same-sex partner of a British citizen or settled person. You must also plan on living with your UK partner.

The parent of a child that is present and settled on the 5-year route will also be eligible to apply if they have completed at least 60 months on a 5-year route to settlement. The parent needs to have parental responsibility for the child and the child may either be a British citizen or have settled status themselves.

It is a mandatory requirement that you and any children under the age of 18 are in the UK when applying.

 

ILR eligibility requirements

 

To be eligible to apply for indefinite leave to remain as a parent or partner on the 5-year route you will need to meet financial requirements to show you are able to support yourself and any dependents.

To meet the required financial requirement, your sponsoring partner will need to earn at least £29,000 gross annual income.

Acceptable sources of income include employment or self-employment earnings, non-employment income, such as rental income or dividends, pension income or maternity, paternity, adoption, or sick pay. If the sponsor’s income falls below the required threshold, savings may be used to make up the shortfall.

The applicant’s income can only be considered if they are already working in the UK legally at the time of the application and the income meets the criteria outlined in the Immigration Rules.

You will be exempt from meeting the income threshold if your sponsor receives one of these benefits: carer’s allowance, disability living, sever disablement, industrial injury disablement benefit, attendance allowance, personal independence payment, armed forces payments, constant attendance allowance, mobility supplement, war disablement pension or police injury pension.

Should you be exempt from the income threshold, you will need to meet the financial requirements by providing evidence of adequate maintenance. Your solicitor will be able to assist you with this evidence.

You will also be required to meet the two parts of the knowledge and language and life in the UK requirements by passing the Life in the UK test and have a relevant qualifications in English language. These qualifications can include:

 

  • Speaking and listening qualification in English at B1 level or above (from the list of recognised qualifications on the government website)
  • Having a degree that was either taught or researched in English
  • Being a national of an English speaking country

 

 

When can you apply for ILR using Set M?

 

You will need to apply for your ILR before your current leave expires to avoid overstaying.

You must not, however, apply more than 28 days before your leave expires or you could have your application refused and the fee will not be refunded.

It is essential that you and your dependants who are applying using the Set M form are present in the UK at time of application.

You may add dependents (children under the age of 18) on your application, and each dependent will carry an additional fee. Children over the age of 18 will need to submit their own application and pay the fee.

 

How to complete the Set M form

 

Your application will only be considered if it is valid and complies with Home Office requirements. This means you must ensure:

 

  • Set M form is the correct form for your circumstances
  • You are applying with the current version of the Set M form
  • All relevant sections have been completed truthfully
  • The form has been signed
  • You have paid the correct ILR application fee
  • You have verified your identity, either using the ID Check App, or by providing your biometric information during your UKVCAS appointment
  • All required supporting documents are provided including identification documentation and proof of eligibility such as English language ability, either by scanning or uploading online

 

All reasons for you wishing to stay in the UK are to be stated throughout the set M form. Section 8D is specifically for additional information that will help to support your application. In this section should try to give good reasons/grounds for staying in the UK.

It is mandatory to complete the personal history section of the form, section 9. You must be honest in this section regarding any criminal convictions, cautions and such.

 

Set M supporting documents

 

Supporting documents, of which there are many, are submitted online. This means you can retain original copies while your application is being processed. The form will request that you provide specific documents, such as those in the table below, although you may also need to provide additional documents depending on your circumstances. Take professional advice to ensure your submission covers all the necessary evidentiary requirements.

 

ILR supporting documents Details
ID A valid passport, national identity card or travel document will be required for each applicant.
Photographs You will need to provide photographs of all applicants on the form as well as your partner should you be applying as a partner. Photographs need to be colour and passport sized with your full name written on the back.
Financial records Bank statements, pay slips, building society accounts, etc to prove your ability to support yourself and any dependents financially.
Proof of residence You will need evidence that you are living with your partner, such as utility bills, medical letters, HMRC letters and statements that are in joint names. A minimum of 6 different pieces of evidence are required. These letters need to be dated over the 2-year pre-application period.
Proof of knowledge of life and language in the UK This can be either a life in the UK test pass certificate, a recognised ESOL qualification, a letter from your partner’s employer confirming your understanding of the English Language or a medical certificate that exempts you from taking the test.
Proof of partner’s residency status Your partner will need to provide proof of their residency status, and this could be through their current passport or travel documents.

 

Supporting documents must be in English or Welsh, or they will need to be translated by an individual qualified and approved by the Home Office. If a certified translation submitted is not submitted, the application can be refused due to insufficient evidence.

 

How long does it take to process the SET M form?

 

ILR applications can take between 3 – 6 months. UKVCAS offers a range of services for ILR application processing:

 

  • Standard Service: the application is decided within timescales of 8 weeks to 6 months.
  • Priority Service: the application is decided within 5 working days.
  • Super Priority Service: the application should be decided by the end of the next working day.

 

Provided you make your application before your current visa expires, you are permitted to stay in the UK and continue working under your existing visa whilst your application is being considered.

 

How much is the Set M application?

 

The ILR application fee per applicant is £2,885. Failure to pay the correct fee can result in your application being rejected.

 

Need assistance?

 

The Set M form is a notoriously complicated and lengthy application, with a number of potential pitfalls.

To avoid delays with your application, or issues with validity or eligibility, it will be important to ensure all required information is provided fully and correctly. You must ensure you have completed all sections that are relevant to you and that you have included all required supporting documentation.

Should any section be incomplete, your application will be invalid and returned to you. This could ultimately lead to a loss in the right to appeal if your permitted stay expires before you make a valid application.

DavidsonMorris are specialist UK immigration solicitors. We help individuals with all aspects of the UK ILR application, from guidance on eligibility to supporting with compiling a comprehensive submission. For advice on making an application for ILR, contact us.

 

Set M form FAQs

 

What is the Set M form?

The Set M form is used by individuals applying for Indefinite Leave to Remain (ILR) in the UK based on their relationship as the spouse or partner of a British citizen or settled person.

 

Who can use the Set M form?

Spouse or partner visa holders who have completed the required residency period (usually five years) and meet the eligibility criteria can use this form to apply for ILR.

 

What are the residency requirements for Set M?

Applicants must demonstrate that they have lived in the UK for the required period, with no more than 180 days of absence in any 12-month period during the qualifying period.

 

What documents do I need to submit with the Set M form?

Key documents include proof of your relationship (e.g., marriage or civil partnership certificate), evidence of cohabitation, financial documents, and proof of meeting the English language requirement.

 

How do I prove cohabitation for the Set M application?

You can provide joint utility bills, tenancy agreements, bank statements, or official correspondence addressed to both partners at the same address.

 

Do I need to take the Life in the UK Test?

Yes, unless you are exempt, you must pass the Life in the UK Test as part of the ILR application process.

 

What is the fee for applying with Set M?

The application fee for ILR using the Set M form is £2,885. Additional costs may apply for the Immigration Health Surcharge or optional priority services.

 

Can dependants be included in the Set M application?

Yes, dependants such as children can be included, but additional fees and documentation will be required.

 

What happens if my Set M application is refused?

You may appeal the decision, request an administrative review, or submit a fresh application, depending on the reasons for refusal. Seeking legal advice is recommended in such cases.

 

How long does it take to process the Set M application?

Standard processing times are typically up to 6 months, but priority and super-priority services are available for faster decisions.

 

Does time spent on a previous visa count towards ILR?

Yes, time spent on a qualifying spouse or partner visa counts towards the five-year residency requirement for ILR under the Set M route.

 

Glossary

 

Term Definition
Indefinite Leave to Remain (ILR) A status allowing individuals to live and work in the UK without time restrictions or the need for further visa renewals.
Standard Service The default ILR application processing option, with decisions typically made within 6 months of biometric submission.
Priority Service An expedited ILR processing option, providing decisions within 5 working days for an additional fee.
Super Priority Service The fastest ILR processing option, offering decisions by the next working day following biometric submission, for an extra fee.
Biometric Submission The process of providing fingerprints, a photograph, and a signature at an approved centre to verify the applicant’s identity.
Processing Time The duration taken by UK Visas and Immigration (UKVI) to make a decision on an ILR application.
Application Fee The standard cost of applying for ILR, which varies depending on the processing service selected.
Additional Fee The extra charge for opting for priority or super priority services to expedite an ILR decision.
Eligibility The criteria an applicant must meet to apply for ILR or use expedited processing services.
Faster Decision Services Collective term for priority and super priority processing options that reduce standard processing times.
Limited Availability A restriction indicating that priority and super priority slots are limited and may not always be accessible.
Non-Refundable Fee A fee paid for expedited services that cannot be refunded, even if processing takes longer than expected.
Settlement Another term for ILR, signifying permanent residency in the UK.
Supporting Documents Evidence required to accompany an ILR application, such as proof of residency, employment, and financial stability.
Complex Cases ILR applications requiring additional checks, such as those involving criminal convictions, absences from the UK, or incomplete documentation.
UK Visas and Immigration (UKVI) The UK government department responsible for processing ILR applications and making immigration decisions.
Decision Letter The official document issued by UKVI confirming the outcome of an ILR application.
Service Point Appointment A required appointment at an approved centre where biometric data is collected for ILR applications.
Residence Requirements The conditions applicants must meet regarding time spent in the UK, including limits on absences.
Immigration Rules The legal framework governing ILR eligibility, applications, and processing in the UK.

 

Author

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Read more about DavidsonMorris here

 

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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