SET(M) qualifying period: does the 5 years start from your visa date or your arrival date?
For the SET(M) five-year partner route, the qualifying period generally starts from the date your partner entry clearance became valid (the "valid from" date on your visa vignette or your BRP/eVisa start date), not the day you physically arrived in the UK. UKVI treats the time between your entry clearance being granted and you entering the UK as lawful residence on the route, so your continuous period is counted from when your permission began. That means if your first partner visa was valid from a date earlier than your arrival, the earlier date is what counts in your favour.
- The 5-year clock usually starts from your visa's valid-from date, not your arrival date.
- GOV.UK confirms time between entry clearance being granted and entering the UK counts toward the qualifying period.
- The earliest you can apply is 28 days before you complete the 5 years.
- Applying earlier than that 28-day window risks refusal.
- On the form, state your actual length of residence honestly. Do not round up to 5 years.
Which date does UKVI use to start the clock?
When you are granted a partner visa for more than six months, your entry clearance is granted as leave to enter that takes effect from its start date. Home Office continuous residence guidance states that the time between the grant of entry clearance and the date of arrival is a period during which you had permission on that route and should be treated as lawful residence. In plain terms: your qualifying period runs from the valid-from date printed on your visa, even if you landed a few days or weeks later.
This matters because applicants often assume the clock starts at the airport. It usually does not. If your vignette was valid from 1 July 2021 but you arrived on 16 July 2021, UKVI counts your continuous period from 1 July. Always check the valid-from date on your original entry clearance and your subsequent grants of leave, because that is the date that anchors your five years.
If you are also trying to confirm when your settlement window opens, our guide on understanding your spouse visa expiry date and when to apply for ILR walks through how the dates line up.
What about the "28-day early" application window?
There is a genuine early-application window, but it is narrow. GOV.UK states that for the partner route, the earliest you can apply for indefinite leave to remain is 28 days before you meet the requirement for the time you need to have lived in the UK, and that your application may be refused if you apply earlier. So you can submit up to 28 days before your fifth anniversary of the qualifying start date, but not before that.
Be careful with terminology. A separate 28-day rule that once allowed short periods of overstaying to be disregarded was withdrawn on 24 November 2016. That is a different rule and is not the same as the early-application window. For settlement timing today, what you need is the 28-day-before window described above.
Do not apply before your continuous five-year period is complete (minus the 28-day window). If you arrived or your visa started on 16 July 2021, you have not completed five years by June 2026, so a SET(M) application now would be premature and could be refused, with the fee at risk.
How long have I lived in the UK on the form?
Answer honestly with your actual length of residence as at the date you complete the form. Do not round up, and do not state five years if you have not yet reached five years. If your qualifying start date is 16 July 2021 and you are filling in the form in June 2026, you have lived in the UK for about four years and eleven months, so that is what you put. You would not be eligible to apply for SET(M) yet, because you have not completed the five-year continuous period (and you are outside the 28-day early window if your fifth anniversary is in July 2026).
Giving an inflated figure to fit the eligibility box is never a good idea. Caseworkers cross-check your stated residence against your visa history, travel history and documents, and an overstated answer can undermine the credibility of your whole application. State the true position and apply only once you are inside the permitted window.
Worked example: arrived 16 July 2021, applying in 2026
Suppose your first partner entry clearance was valid from 16 July 2021. Your five-year continuous period completes on 16 July 2026. The earliest you could submit SET(M) is 28 days before that, which is around 18 June 2026. In June 2026, before that window opens, you would honestly answer that you have lived in the UK for four years and eleven months and you would wait until the window opens.
If your vignette had a different valid-from date to your arrival date, use the valid-from date to count the five years, because that is the date UKVI uses. When you are gathering documents for the application itself, our SET(M) document checklist, including cohabitation evidence helps you prove the relationship and residence.
This article is general information, not legal advice. Immigration rules change, so always check current GOV.UK guidance or speak to a regulated immigration adviser about your specific dates before you apply.