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Topic: SET (M) 5 year path to ILR -- questions about the questions on the form  (Read 2621 times)

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Hello helpful people.

I have an in-person appointment in just under two weeks for ILR, and have just about completed the form, all evidence assembled (I hope!). There are a few places on the form where I'm not sure what they need or whether I need to complete, so hoping for some advice. Apologies for numbing detail...

p. 10. If you answer 'yes' to 'Do you and your partner currently live together' you are still directed to answer 'How often do you see your partner?' and 'When did you last see your partner?' . Seems a bit strange. Mistake?

p. 13. We have two UK citizen children. It seems pretty clear that I don't need to fill in 2C? But Section 3 is also confusing--presumably they want answers to these questions even if the children aren't applying for ILR as my dependants?

p. 33. Section 8B: Maintenance. We meet the minimum income threshold under Category A based on my salary, and we applied for our first period of FLR(M) in November 2012. My British citizen partner receives Child Benefit for our British children. Do we need to fill in this section at all?

The guidance on the form says: "You must complete this section if: (i) You were granted leave to enter or remain as a partner under Part 8 of the Immigration Rules following an application submitted before 9 July 2012. (ii) You are applying as a partner under Appendix FM and you qualify for an exemption from meeting the minimum income threshold element of the financial requirement. (iii) You are applying as the parent of a child who is settled in the UK.

If I don't need to fill in this section do we need to tell them about the Child Benefit somewhere else on the form? The only other mention is on p. 50, with the tick box for 'Official documentation confirming receipt of public
funds'--but if we aren't using the benefit to meet the financial requirement maybe we leave this blank?

p. 47 Again, do they only need the passport details for children applying for ILR as dependants, or for all children?

p. 49. If parental responsibility is straightforward then we don't need evidence, do we, other than the evidence of where the children live (with us)? (note typo on this page'--'thay'!)

OK, I think that's it for now. Thanks in advance for advice!


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Re: SET (M) 5 year path to ILR -- questions about the questions on the form
« Reply #1 on: October 13, 2017, 10:32:18 AM »
Page 10, answer as it is.  Yes you live together.  See each other daily, etc.

Page 13, yes they want the details of your children.  You also need to provide their birth certificates, passports, and a letter verifying their address dated within the last three months.

Page 33, no.

Page 47 and 49 are covered with the required evidence above.


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Re: SET (M) 5 year path to ILR -- questions about the questions on the form
« Reply #2 on: October 13, 2017, 10:38:56 AM »
Page 33, no.

Page 47 and 49 are covered with the required evidence above.

Is that no, I don't need to fill in the section, and also, no, I don't need to provide evidence of the receipt of the child benefit elsewhere on the application?

And on page 47, can I just leave that section blank, then, or do I need to include details of the children's passports that I'm including with the application?

Thanks!



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Re: SET (M) 5 year path to ILR -- questions about the questions on the form
« Reply #3 on: October 13, 2017, 12:00:26 PM »
Correct, you can tick no on page 33.  I'm not to sure about the child benefit details as we don't receive any benefits.  No harm in having the documents with you.

I left page 47 blank as I interpreted that to mean dependants applying with you.  I had no issues.


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Re: SET (M) 5 year path to ILR -- questions about the questions on the form
« Reply #4 on: October 15, 2017, 03:02:16 AM »
Hiya

On this. For The proof of cohabitation, did you provide docs from various spread across dates  going back 2.5 years or 5 years?


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Re: SET (M) 5 year path to ILR -- questions about the questions on the form
« Reply #5 on: October 15, 2017, 07:41:18 AM »
On this. For The proof of cohabitation, did you provide docs from various spread across dates  going back 2.5 years or 5 years?

Hi. I interpreted 'since your last grant of leave in this category' (p. 50) to mean my last FLR(M) application date, which was April 2015, so 2.5 years. I provided 8 documents to be safe--6 addressed jointly to my partner and myself at home we own in the UK and two letters that were sent to us separately while we were temporarily in Norway for my work.

At the moment I'm puzzling over the 'documents checklist' on p. 59, though, which has a tick box for 'Evidence of continuous residence in the UK'. I don't know what this refers to, since the cohabitation evidence and the evidence of where you live have separate tick boxes.


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Re: SET (M) 5 year path to ILR -- questions about the questions on the form
« Reply #6 on: October 15, 2017, 08:26:47 AM »
Hi. I interpreted 'since your last grant of leave in this category' (p. 50) to mean my last FLR(M) application date, which was April 2015, so 2.5 years. I provided 8 documents to be safe--6 addressed jointly to my partner and myself at home we own in the UK and two letters that were sent to us separately while we were temporarily in Norway for my work.

They've recently changed the wording on the FLR(M) and ILR forms - it's always been 'since your last grant of leave, up to a maximum of 2 years' but  now they've taken out the 2 years part, so it's hard to know whether you still only need 6 items over 2 years or if they want 2.5 years now.




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Re: SET (M) 5 year path to ILR -- questions about the questions on the form
« Reply #7 on: October 15, 2017, 09:07:58 AM »
They've recently changed the wording on the FLR(M) and ILR forms - it's always been 'since your last grant of leave, up to a maximum of 2 years' but  now they've taken out the 2 years part, so it's hard to know whether you still only need 6 items over 2 years or if they want 2.5 years now.




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Good point.  I only provided two years and that was okay for my application.  But may be wise to do 2.5?


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Re: SET (M) 5 year path to ILR -- questions about the questions on the form
« Reply #8 on: October 15, 2017, 09:31:48 AM »
Yup, I thought 2.5 made sense in context. Any thoughts on the 'evidence of continuous residence in the UK' bit on the document checklist?


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Re: SET (M) 5 year path to ILR -- questions about the questions on the form
« Reply #9 on: October 15, 2017, 11:38:44 AM »
We will probably designate council tax statements for the past five years to cover that particular tick box.It is a bit weird as the 6-12 items of correspondence are supposed to show you have lived here continuously!
Married 1966, left UK 1969, returned 1998, left again 2000, returned June 2014 (husband on spousal visa) granted FLR(M) November 30th 2016  and ILR on  24th May, 2019. Yeah!


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SET (M) 5 year path to ILR -- questions about the questions on the form
« Reply #10 on: October 15, 2017, 11:49:48 AM »
Honestly, I have a feeling that the continuous residence in the UK box is not supposed to be on the form at all. There is no mention anywhere on the form or in the guidance notes that you need to prove it, and also there is no requirement to have been continuously resident in the UK for SET(M) anyway (you just have to show cohabitation, even if that is outside the UK for part of the time).

However, for SET(O), you do have to show continuous residence and cannot have been out of the UK for more than 180 days each year. The SET(O) form has a whole section dedicated to meeting the continuous residency requirement.

I think what may have happened is that they used the SET(O) form as a template for SET(M) and forgot to take that box out.

Also, In regards to 2 years vs. 2.5 years of cohabitation evidence, I see that the form still only requires your addresses for the last 2 years.


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Re: SET (M) 5 year path to ILR -- questions about the questions on the form
« Reply #11 on: October 15, 2017, 12:42:10 PM »
Honestly, I have a feeling that the continuous residence in the UK box is not supposed to be on the form at all. There is no mention anywhere on the form or in the guidance notes that you need to prove it, and also there is no requirement to have been continuously resident in the UK for SET(M) anyway (you just have to show cohabitation, even if that is outside the UK for part of the time).

Thanks, this helpful. I think I'll bring along the Council Tax statements just in case put not include them in the documents.

Next question... for an in person appointment, do they need copies of blank pages in all passports, or are copies of the pages with stamps sufficient?


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Re: SET (M) 5 year path to ILR -- questions about the questions on the form
« Reply #12 on: October 15, 2017, 12:52:13 PM »
Next question... for an in person appointment, do they need copies of blank pages in all passports, or are copies of the pages with stamps sufficient?

As you will be applying in person, I believe you can just hand over the sponsor's actual passport and you don't need to bring any copies.

However, you are applying by post, you need to send a full copy (including blank pages of the SPONSOR'S passport ONLY, in lieu of their actual passport.


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Re: SET (M) 5 year path to ILR -- questions about the questions on the form
« Reply #13 on: October 15, 2017, 01:02:28 PM »
I left the continuous residence portion blank as it's not applicable to SET(M) and that was no issue.

We didn't bring copies of anything.


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