Few questions on Set (M) ILR

Hello - I have a few questions about the Set (M) ILR application. Likely I will come up with more questions but for now I am going through paperwork and trying to get things together as the day is approaching fast that we can apply for an appointment.

These may be silly questions and I think I know the answers but I want to make doubley sure so that I miss nothing in our application:

Do I need to do the biometrics finger scan/photo process like I had to for the marriage visa?

My husband and I rent - Do I need to prove how big the place we rent is (occupants/rooms and such. We rent the house with two other people)? (I remember having to mention that in the last application) I ask because we have none of that info on our lease and our landlord is hard to get a hold of.

I currently have a restraining order on me in the US - let me explain. My mom has dementia and there was a conservatorship case to figure out which child will take over her property, money and care decisions. Supposedly as routine procedure I and my other sibling had a restraining order put on us from physically accessing a safety deposit box in a bank in the US until the matter was settled. The matter is not settled and last time I checked with my sibling's attorney the order was to remain possibly until my mom's death. This I need to disclose, correct?

Both of our room mates may lose their job at the end of the month. If they apply for any council tax relief (My husband and I are on the council tax bill as well) that will cause problems for us, correct?

More questions in the future I'm sure. Thank you.

Do I need to do the biometrics finger scan/photo process like I had to for the marriage visa?

You do - you need to do them for every single visa you apply for.

It depends how you apply as to when you do them.

- If you apply for ILR by post (currently 5 months processing time), you will be sent a letter a couple/few weeks after you have mailed in your application asking you to book an appointment to give biometrics at a local post office. You go to the post office, give biometrics and they will be electronically transmitted to UKVI.

- If you apply for ILR in person at a PEO (same-day decision - straightforward applications only), you will give your biometrics on the day of the appointment.

My husband and I rent - Do I need to prove how big the place we rent is (occupants/rooms and such. We rent the house with two other people)? (I remember having to mention that in the last application) I ask because we have none of that info on our lease and our landlord is hard to get a hold of.

Nope - there is no accommodation requirement for ILR.

However, you do have to show that you have lived together at the same address as each other for the entire 2 years of your spousal visa.

You do this by providing 6 official documents in each of your names, addressed to you at the same address, spread evenly over the 2 years (from at least 3 different official sources) - either 6 jointly addressed documents, 12 separately addressed (6 each), or a combination of both - one in each name for approx. each 4-month period.

I currently have a restraining order on me in the US - let me explain. My mom has dementia and there was a conservatorship case to figure out which child will take over her property, money and care decisions. Supposedly as routine procedure I and my other sibling had a restraining order put on us from physically accessing a safety deposit box in a bank in the US until the matter was settled. The matter is not settled and last time I checked with my sibling's attorney the order was to remain possibly until my mom's death. This I need to disclose, correct?

Yes, I would assume you need to disclose it.

Not sure how restraining orders are treated/considered by UKVI though - is it on your criminal record or is it just a civil order?

In order to qualify for ILR, you need to have no unspent criminal convictions - so you would need to check what a restraining order is considered to be under UK law. I don't think it's considered a criminal conviction, but I'm not sure.

Both of our room mates may lose their job at the end of the month. If they apply for any council tax relief (My husband and I are on the council tax bill as well) that will cause problems for us, correct?

Shouldn't think so.

You cannot be claiming any benefits for yourself and your husband cannot be claiming anything extra because of you, but that's the only restriction.

Thanks for the info. We are going to do same day appointment so that is one less worry about the biometrics. I will contact UKBA and ask about the restraining order. Thankfully the attorney mailed me the documents so I can add those to the application if needed.

Do we need to enclose any pictures of us together like in the marriage visa?

I think the only issue so far is the mail with our names on it. I have very little of official documents addressed to me and we only have two joint things - a bank statement and council tax bill. I've found it has been impossible to get my name added to any bill with my husband here. We tried 7 months to get orange to add it... Yep, they'll do it. Call again next month etc. etc. Same issue with Virgin which we get internet from. To this day neither have added my name. I don't understand it. 

I will contact UKBA and ask about the restraining order. Thankfully the attorney mailed me the documents so I can add those to the application if needed.

I don't think UKVI will be able to help you regarding the restraining order (they are not known for giving accurate advice).

I meant that you should find out from a lawyer whether or not it is considered a criminal conviction or civil judgement (or whatever) - it's about determining what it is considered under UK criminal law, not UK immigration law.

Do we need to enclose any pictures of us together like in the marriage visa?

Not really, but you can bring one if you like. As you will be applying in person and you both have to be there, they can ask you about your relationship there if they need to.

I think the only issue so far is the mail with our names on it. I have very little of official documents addressed to me and we only have two joint things - a bank statement and council tax bill. I've found it has been impossible to get my name added to any bill with my husband here. We tried 7 months to get orange to add it... Yep, they'll do it. Call again next month etc. etc. Same issue with Virgin which we get internet from. To this day neither have added my name. I don't understand it. 

You MUST have the required documents - the ILR will be refused without all of them. The list of acceptable documents is on the SET(M) form.

You need to have at least 3 different sources and so if you have 2 joint bank statements and 2 joint council tax bills from the last 2 years, then that's 4 of your 6 documents right there.

Do you have a tenancy agreement with both your names on? That could be document number 5 of 6 and then you would just need 1 more each.

Or if you don't have a tenancy agreement to use, you could use a Virgin bill and an Orange bill for your husband's 2 other documents, and you just need 2 in your name from the last 2 years...they can be from a variety of sources - your bank account, DVLA, NHS, HMRC, mobile phone bill - they are all listed on the application.

So, say you have been here from November 2012 to November 2014, you could use, for example:

November 2012: Joint tenancy agreement
March 2013: Joint bank statement
July 2013: Joint council tax bill
November 2013: Virgin bill in his name, plus one letter in your name
March 2014: Joint bank statement
July 2014: Joint council tax bill
(November 2014: Another 1 or 2 documents - but that makes 7 each, so you wouldn't technically need them)

...and that's all your documents right there.

Of course, those are only estimated dates - it depends what you have and when they are dated as to what you include. They should be spread approximately evenly over the 2 years and if you have separate documents, they should be dated around the same time (i.e. his Virgin bill and your document should be dated the same month).

Ok, I will see what I can figure out concerning the restraining order. I will ask hubby to contact a lawyer and see what they say.

I went through papers again tonight after seeing your post. This is what we have so far and perhaps it's not so bad as I thought previously. And maybe I am spazing out a bit. I'm not sure that they are spaced well though.

Addressed to me:
Nov 2012: letter from UKBA – stating the are sending me a BRP
January 2013: National Insurance number letter
March 2013: NHS letter for test results
Feb 2014: Letter from employment company with work clock in code (Can I use?)
April 2014 HMRevenue & Customs – Tax stuff


In Joint name:
July 2013:  TSB joint checking contract papers
May 2014: Tenancy agreement**
Aug 2014: TSB letter – confirming change of address to occur, which could take “months” according to the letter.
Aug 2014 – Virgin letter stating the bank holders name on account for payment is mine and spouses – but letter is addressed to spouse only. (Not sure if useable)
Sept 2014: Council tax bill

As far as stuff addressed to hubby there are no issues.

*Since changing our address with TSB we have had one statement come which is lost somewhere and needs to be reprinted from the bank. I can probably get other month's statements printed as well to help out.
**Issues with the tenancy agreement. We were mailed the agreement which we filled in and mailed back. First, the agreement paper has been photocopied at a jaunty unprofessional angle then printed off and mailed to us - so I think it looks questionable. Second we were never mailed a copy back with the landlord's signature. We have asked for a copy of the lease to get us added to council tax and ignored via email (our only way to contact her besides post) then our roommate had to bug her and she sent a scanned copy with her signature. So I don't know if a printed out copy of the lease will work? Getting a copy with her actual ink signature is going to be something else. Should I take this lease somewhere and get it certified or notorized or something to say it's valid? And because of waiting around for a scan we had to wait four months to be put on the council tax bill so that's dated terribly. I don't think she even did checks on me to see whether she was allowed to rent to me - so I don't know if that will be an issue.