A few starting out questions on our ILR journey...

Hi guys,

First off, apologies in advance as I'm sure these questions have been answered many times and the answers are right in front of my nose, but I have today began researching applying for indefinite leave to remain and my head is spinning, I have been looped through the same 'eligibility questionnaire' when searching for the formal guidance document which I've failed to find and am getting nowhere.

If you guys could help with a few basic questions to get me on the right path it'd be hugely appreciated...

Firstly, our situation is my wife is American and has been here for approaching 4 and a half years living with Welsh husband in South Wales... have gone through spousal visa and then the second visa at 2.5 years and now looking at the indefinite leave to remain part of the journey...

1) Could anyone possibly direct me to the formal guidance document? We followed this for the last visa application closely and it was a huge help.

2) We are seeing a lot of references to SET(M) alongside ILR, is there a difference between the two and if so am I right that ILR(M) would be the correct pathway for me as an American National?

3) My current Residence Permit is valid until the 18th May 2020... am I still correct that I can apply for my visa 6 months before this expiry date (so from 18th December 2019?)

4) I saw a fee listed when I was jumping between screens trying to make sense of everything on the GOV website as £2,389, which really shocked us! Is this correct, as it is about a thousand pounds more than we paid for our last visa around 2 years ago?

5) It appears that the system has now changed in terms of getting your biometrics taken, as last time we simply visited a post office. Now it appears we need to attend a UKVCAS centre for this?

6) Although I am in employment with the NHS, we have not included my payslips/employment documentation with our previous applications as we researched that we didn't need to as hubby earns above the threshold comfortably with his job alone, more so than myself.  Would we still only need to submit hubby's payslip/employment stuff, or has there been a change there also?

Sorry if these questions are covered a million times, my brain is mulched and anxiety levels are through the roof starting out with this and seeing how much has changed! If anyone could assist with any of these points, or give any helpful pointers for newbies starting out on this journey then this would be hugely appreciated!

Thank you guys, this forum isa Godsend!

Hi guys,

First off, apologies in advance as I'm sure these questions have been answered many times and the answers are right in front of my nose, but I have today began researching applying for indefinite leave to remain and my head is spinning, I have been looped through the same 'eligibility questionnaire' when searching for the formal guidance document which I've failed to find and am getting nowhere.

If you guys could help with a few basic questions to get me on the right path it'd be hugely appreciated...

Firstly, our situation is my wife is American and has been here for approaching 4 and a half years living with Welsh husband in South Wales... have gone through spousal visa and then the second visa at 2.5 years and now looking at the indefinite leave to remain part of the journey...

1) Could anyone possibly direct me to the formal guidance document? We followed this for the last visa application closely and it was a huge help.

2) We are seeing a lot of references to SET(M) alongside ILR, is there a difference between the two and if so am I right that ILR(M) would be the correct pathway for me as an American National?

3) My current Residence Permit is valid until the 18th May 2020... am I still correct that I can apply for my visa 6 months before this expiry date (so from 18th December 2019?)

4) I saw a fee listed when I was jumping between screens trying to make sense of everything on the GOV website as £2,389, which really shocked us! Is this correct, as it is about a thousand pounds more than we paid for our last visa around 2 years ago?

5) It appears that the system has now changed in terms of getting your biometrics taken, as last time we simply visited a post office. Now it appears we need to attend a UKVCAS centre for this?

6) Although I am in employment with the NHS, we have not included my payslips/employment documentation with our previous applications as we researched that we didn't need to as hubby earns above the threshold comfortably with his job alone, more so than myself.  Would we still only need to submit hubby's payslip/employment stuff, or has there been a change there also?

Sorry if these questions are covered a million times, my brain is mulched and anxiety levels are through the roof starting out with this and seeing how much has changed! If anyone could assist with any of these points, or give any helpful pointers for newbies starting out on this journey then this would be hugely appreciated!

Thank you guys, this forum isa Godsend!

1-https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/826340/Appendix-FM-1-7-Financial-Requirement-ext_1.pdf
https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence

2-SET(M) is the name of the form that you use to apply for ILR. There is no paper form any more, you apply online now.

3-You can apply from 28 days before your 5th anniversary of entering on your spouse visa. You must apply before your current BRP expires.

4-Sounds about right, ILR is expensive but at least there is no more IHS to pay!

5-Yes, apply online and you'll be taken through the process.

6-If one of you meets the financial requirements alone then don't include the income of the other.

Have you passed your life in the UK test?

1) Could anyone possibly direct me to the formal guidance document?

https://www.gov.uk/settle-in-the-uk

https://www.gov.uk/government/publications/application-to-settle-in-the-uk-form-setm

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence

2) We are seeing a lot of references to SET(M) alongside ILR, is there a difference between the two and if so am I right that ILR(M) would be the correct pathway for me as an American National?

SET(M) is the form you fill out to apply for ILR on the basis of being married to someone with settled status (e.g. British citizen).  ILR = indefinite leave to remain in the UK (also known as settlement).  If, for example, you were applying for ILR on the basis of continuous legal long residence, you would apply with form SET(LR).  It's just a reference to which form you need to fill out to apply for ILR depending on how you qualify for it.

3) My current Residence Permit is valid until the 18th May 2020... am I still correct that I can apply for my visa 6 months before this expiry date (so from 18th December 2019?)

What date did you enter the UK and begin your UK residence clock?  When you can apply is based on this date:  no earlier than 28 days before you reach 5 years of living in the UK.

4) I saw a fee listed when I was jumping between screens trying to make sense of everything on the GOV website as £2,389, which really shocked us! Is this correct, as it is about a thousand pounds more than we paid for our last visa around 2 years ago?

Yes, that is the correct fee.  And super priority service (as an optional extra) is an additional £800 on top.  At least there's no IHS to pay this time, for some form of relief?

1) Here you go, though it's not all that helpful:
https://www.gov.uk/settle-in-the-uk/y/you-re-the-family-member-or-partner-of-a-british-citizen/no/partner/you-re-still-with-your-partner
The entire application is online now, so you get told what documents you need to send as you complete the online application.

You can also get the financial requirements documents as well:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/826340/Appendix-FM-1-7-Financial-Requirement-ext_1.pdf
and
https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence

2) SET(M) is just the name of the application form that you use to apply for ILR (meaning SETTLEMENT(MARRIAGE)) . It used to be a paper form, but now it's online.

3) No, this is incorrect. She can apply no earlier than 28 days before she reaches 5 years in the UK. So the date she can apply will be determined by the date she first arrived in the UK on her spousal visa. I see from your previous posts that she arrived in the UK on April 11th 2015... therefore she can apply for ILR NO EARLIER than 28 days before April 11th 2020, which will be March 14th 2020.

4) Yes, that fee is correct. ILR costs £2,389. It has always been a lot more expensive to apply for ILR than for FLR(M). However, for ILR there's no IHS surcharge, so you save £1,000 in that respect. (For example, FLR(M) is now £1,033 plus £1,000 IHS surcharge)

5) Yes, the entire system has changed. You apply online, scan and upload your documents at home and book an appointment to give biometrics. You no longer mail any documents to UKVI. If you want, you can pay about £100 for an appointment where they will scan and upload the documents for you, or you can pay £800 for the Super Priority service, which is supposed to give a decision within 24 hours.

6) There has been no change, so if one of you meets the requirement with their income alone, you do not need to include the other person's income at all.

Thank you so much guys, it is hugely appreciated!!

Larrabee - you questioned about a "Life in the UK Test".... this is the first I have come across this, although I have heard that a test needs to be done should my wife choose to pursue citizenship after this... is this something she needs to do, or know about?

Thanks again guys!

Thank you so much guys, it is hugely appreciated!!

Larrabee - you questioned about a "Life in the UK Test".... this is the first I have come across this, although I have heard that a test needs to be done should my wife choose to pursue citizenship after this... is this something she needs to do, or know about?

Thanks again guys!

The life in the UK test is mandatory for ILR also. .
https://www.gov.uk/life-in-the-uk-test. 
 https://www.gov.uk/life-in-the-uk-test/what-happens-test

The life in the UK test is mandatory for ILR also. .
https://www.gov.uk/life-in-the-uk-test. 
 https://www.gov.uk/life-in-the-uk-test/what-happens-test

Oh wow, I had no idea about this and assumed it was just a British Citizenship thing... so many hoops! Thanks for making us aware of this!

I'm going to look through the guidance this week so apologies if it is clear from in there, but could we get this done now well in advance of our application in March?

Also, Ksand24... we remember you giving us guidance with our last application too, and just want to say thanks again for all the help you have given us, and also selflessly given many others on this forum, you are a treasure.

I also have one last question in the meantime before I dig through the guidance...

Am I correct in thinking that my wife (the applicant's) original passport will be away for the duration of the application process (which as I understand it is around 6 months at the moment if not paying the extra 800 quid to expedite things)?  And am I correct that only a photocopy of my passport as the spouse and sponsor will go away for the application? I ask as I travel to Europe on occasion with work these days, so having my passport would be highly preferable.

Thanks again for all your help guys!

Oh wow, I had no idea about this and assumed it was just a British Citizenship thing... so many hoops! Thanks for making us aware of this!

I'm going to look through the guidance this week so apologies if it is clear from in there, but could we get this done now well in advance of our application in March?

The life in the UK test pass certificate never expires so the sooner you get that out of the way, the better.

Thank you so much for highlighting this for us at this early stage... the revision books have been ordered and awaiting delivery, we will get that box ticked at the earliest opportunity.

Also, just one last question at this stage guys...


Am I correct in thinking that my wife (the applicant's) original passport will be away for the duration of the application process (which as I understand it is around 6 months at the moment if not paying the extra 800 quid to expedite things)?  And am I correct that only a photocopy of my passport as the spouse and sponsor will go away for the application? I ask as I travel to Europe on occasion with work these days, so having my passport would be highly preferable.

Thank you so much for highlighting this for us at this early stage... the revision books have been ordered and awaiting delivery, we will get that box ticked at the earliest opportunity.

Also, just one last question at this stage guys...


Am I correct in thinking that my wife (the applicant's) original passport will be away for the duration of the application process (which as I understand it is around 6 months at the moment if not paying the extra 800 quid to expedite things)?  And am I correct that only a photocopy of my passport as the spouse and sponsor will go away for the application? I ask as I travel to Europe on occasion with work these days, so having my passport would be highly preferable.

I think you both keep all of your documents now as everything is scanned either by yourselves or at the appointment, so you will have your passports during the processing period.

For the life in the UK test. Make sure that her proof of address item *exactly* matches the ID she uses and the name she uses to book the test. So if her passport is first name, middle name, last name.. that is the way her name must also appear on her proof of address and the booking.

Make use of the numerous online tests after she has read the book. They are very useful!
 

Damn.....I have literally just started looking into my ILR just now. I didn't know I would have to have another BRP.....poop....I just figured if I applied for ILR before it ran out next summer it would be fine. I'm almost exactly in the same spot as the OP since I arrived 16 April 2015, 5 days after them. If I can't apply until 28 days before the 5 year in the UK mark, I guess I won't crank things up until February. I should have everything set up though. I've kept plenty of money in the bank (not working, retired) to meet that requirement. Life in UK test taken. We are still saving plenty of paperwork. Guess I better start looking through the online forms just to get things going so it will make more sense when it's time to start the application.

I think you both keep all of your documents now as everything is scanned either by yourselves or at the appointment, so you will have your passports during the processing period.

For the life in the UK test. Make sure that her proof of address item *exactly* matches the ID she uses and the name she uses to book the test. So if her passport is first name, middle name, last name.. that is the way her name must also appear on her proof of address and the booking.

Make use of the numerous online tests after she has read the book. They are very useful!
 

Thanks for this Larrabee, happy to report that the Life in the UK test is now passed and just awaiting the period to apply now. 

I have two quick questions if you guys wouldn't mind advising...

1) Noted what you guys said that her passport wont be away during the application period as it is all electronic now.  I am just wondering what the stance would be on her leaving the UK (on holiday etc) while her ILR application is pending.  Am I correct in thinking that as her BRP would have expired she would have issues re-entering the Country and its best not to risk it during the pending period, or is it actually fine for her to travel as normal?

2) It was noted what you said about her not applying until 28 days before the 5 year mark of her entering the UK, am I right in thinking she has from this date up to the expiration of her Residence Permit date of 18-05-2020 to apply? So the application can be made any time from 28 days before her arrival date (which would be the 14th March) right up to the 18th May?

Thanks again guys, this forum is such a valuable resource, know you guys are very much appreciated!