SET(LR) potential complexities/questions

Entered UK Aug 2011, currently on FLR(M) which expires July 2022. Continuous lawful residence no rejections or gaps (visas have been, in order since 2011: Tier 4 no1, Tier 4 no2, Tier 4 no2 extension, FLR(M), and FLR(M) extension). No gaps, no refusals, no overstay, never out of UK more than 30 days at once, out about 300 days total in the 10 years. With partner 13 years, cohab 7 years, but not married.

1) My primary question, the one that is actually stressing me out, is confusion over the required docs it has told me I must provide for a SET(LR). Based on understanding from forums and talking directly to solicitors, I was told they would NOT require any proof of cohabitation documents for my 10 year LR visa app, because it has ‘nothing to do’ so to speak with my partner. Given this, I have been rather lazy about keeping post letters/bills the last two years (whereas during the lead up to the FLR(M) applications I was obsessive). Yet, when I have just gone to do the application, it says required docs: joint letters of cohabitation, just like it had in the past on FLR(M) and what would be expected from SET(M), not SET(LR). This has fully stressed me out! I can scrounge together probably just barely enough joint documentation (or close), but I didn't expect it to be required- what is going on? They also want my partner's identity document- which of course can provide, but again, why do they need documentation for my partner at all if its on the basis of ME living lawfully in the UK for 10 years continually? Have they recently changed this, why else did so many advise me including solicitors it wouldn't’ be required?

2) Timing: The other main thing I have questions on. I am ready to submit my application. My issue is that I do not want to get 'trapped' in the UK over Christmas (mid Dec- early Jan) as I am due to help my elderly parent in the USA during this time. From tonight, I plan to try daily (nightly) to get a super priority appointment and try this for a couple weeks. At some point, it will get too close to Christmas to have time to do a super priority appointment, do biometrics and get a decision + BRP posted and still fly by mid/late December. Can anyone give me an idea of how what sort of appointment options I will see if I can get through to a super priority slot, and the max amount of days from that appointment slot I should have BRP (IF the decision is next working day). This will help me plan at what point I should give up on super priority and simply wait until I'm back in early January and start trying again for super priority for a while, and potentially give up and do standard as a very last resort. (I want to avoid standard in general as I have an elderly parent so want to be able to travel quickly to USA without having an outstanding visa application)

3) CCJs. I have three CCJs for small debts, two from 2017 and one from early 2019. On the application form, I declare each separately and put the same comment (that a period of financial hardship in 2017 and 2018 caused me to get the CCJs, that I have taken steps to make sure never happens again, and that they are settled in full). I then have the same text I use on the application form in my cover letter. I considered including the registry trust certificates that show they are satisfied in my supporting documents, but now I am thinking I may not, because they can look this information up themselves and because they were all three only fully satisfied in July 2021 (FYI they were in payment agreements until then being paid down). I’m not missing anything I should be doing differently here, right? I declared them/included them the same way for my FLR(M) in 2019, the difference being that then I said they were ‘under payment agreement’ whereas now it says ‘fully satisfied’.

4) Complex app or not? With the CCJs above and also one reckless driving charge that is 13 years old (2008, served no jail, one day community service + fine), is the combination of those two things enough to make the application complex enough for problems with super priority? Note that these issues didn't prevent an immediate approval for super priority for FLR(M) 2 years ago, but that was a different route, I assume they care more about character for ILR. The reckless driving charge has full documentation in supporting documents (court docket etc) and I have included the exact same documentation on each of my past five UK visa applications.

5) I’m pretty sure its fine but...The ‘do you have a social network in the USA’ question I answered ‘yes’, but under the explanation I just said I don't actually have existing social networks, just one good friend. I have lost touch with most old contacts. But surely I shouldn't’ say ‘no’ to this question because I mean, I guess I have/could create more of a network in the USA than someone who didn’t live there the first two decades of their life. But the wording is weird to me- as I dont actually maintain a social or professional network over there, other than one good old friend and my three family members. Everything about my professional and social life is pretty much all UK for the last 10 years, but I visit the USA two times a year purely to see my handful of family members, and ONE friend but that’s it. What are they actually trying to get at with this question?

Any insight much appreciated! Especially if anyone has one SET(LR) with super priority in the last few months and can offer insight about point (2). Or if anyone has applied for ILR via super priority that had criminal record/CCJs- but suppose that's pretty unlikely!

1) My primary question, the one that is actually stressing me out, is confusion over the required docs it has told me I must provide for a SET(LR). Based on understanding from forums and talking directly to solicitors, I was told they would NOT require any proof of cohabitation documents for my 10 year LR visa app, because it has ‘nothing to do’ so to speak with my partner. Given this, I have been rather lazy about keeping post letters/bills the last two years (whereas during the lead up to the FLR(M) applications I was obsessive). Yet, when I have just gone to do the application, it says required docs: joint letters of cohabitation, just like it had in the past on FLR(M) and what would be expected from SET(M), not SET(LR). This has fully stressed me out! I can scrounge together probably just barely enough joint documentation (or close), but I didn't expect it to be required- what is going on? They also want my partner's identity document- which of course can provide, but again, why do they need documentation for my partner at all if its on the basis of ME living lawfully in the UK for 10 years continually? Have they recently changed this, why else did so many advise me including solicitors it wouldn't’ be required?

I assume that it's because you need to prove that you complied with the requirements for each visa while you held it.

So, for the Tier 4 visas, you would need to show you were continuously enrolled at a university and studying for the duration those visas.

And for the two FLR(M) visas, you would need to show you lived without spouse/partner continuously for the duration of those visas... hence the requirement for evidence of cohabitation.

2) Timing: The other main thing I have questions on. I am ready to submit my application. My issue is that I do not want to get 'trapped' in the UK over Christmas (mid Dec- early Jan) as I am due to help my elderly parent in the USA during this time. From tonight, I plan to try daily (nightly) to get a super priority appointment and try this for a couple weeks. At some point, it will get too close to Christmas to have time to do a super priority appointment, do biometrics and get a decision + BRP posted and still fly by mid/late December. Can anyone give me an idea of how what sort of appointment options I will see if I can get through to a super priority slot, and the max amount of days from that appointment slot I should have BRP (IF the decision is next working day). This will help me plan at what point I should give up on super priority and simply wait until I'm back in early January and start trying again for super priority for a while, and potentially give up and do standard as a very last resort. (I want to avoid standard in general as I have an elderly parent so want to be able to travel quickly to USA without having an outstanding visa application)

Note that it's not a Super Priority appointment that you purchase it's just the SERVICE itself.... so when you submit the online application, you will either have the option to pay for Standard or Priority... so you just need to keep checking to see if the service is offered. They allow a certain number of Super Priority purchases per day, so you just want to check each day to see if it's offered.

Then, once you submit the application, having paid for Super Priority, and you register with UKVCAS, you can try to find an appointment... and you should hopefully be able to get one within about 2 weeks of submitting the online application.

The BRP can take up to 10 working days to arrive once the decision has been made, thought I think others have received their BRP within 4 or 5 days.

Having said all that, if you're worried about the timing, it may be best to wait until January to apply, so you don't have the worry of the time-crunch before Christmas.

3) CCJs. I have three CCJs for small debts, two from 2017 and one from early 2019. On the application form, I declare each separately and put the same comment (that a period of financial hardship in 2017 and 2018 caused me to get the CCJs, that I have taken steps to make sure never happens again, and that they are settled in full). I then have the same text I use on the application form in my cover letter. I considered including the registry trust certificates that show they are satisfied in my supporting documents, but now I am thinking I may not, because they can look this information up themselves and because they were all three only fully satisfied in July 2021 (FYI they were in payment agreements until then being paid down). I’m not missing anything I should be doing differently here, right? I declared them/included them the same way for my FLR(M) in 2019, the difference being that then I said they were ‘under payment agreement’ whereas now it says ‘fully satisfied’.

Personally, I would err on the side of caution and include the certificates.

4) Complex app or not? With the CCJs above and also one reckless driving charge that is 13 years old (2008, served no jail, one day community service + fine), is the combination of those two things enough to make the application complex enough for problems with super priority? Note that these issues didn't prevent an immediate approval for super priority for FLR(M) 2 years ago, but that was a different route, I assume they care more about character for ILR. The reckless driving charge has full documentation in supporting documents (court docket etc) and I have included the exact same documentation on each of my past five UK visa applications.

If it wasn't an issue for Super Priority last time, I assume it won't be an issue now. As long as your driving conviction is spent, it won't affect ILR (if it wasn't spent, it would be an automatic ILR refusal).

5) I’m pretty sure its fine but...The ‘do you have a social network in the USA’ question I answered ‘yes’, but under the explanation I just said I don't actually have existing social networks, just one good friend. I have lost touch with most old contacts. But surely I shouldn't’ say ‘no’ to this question because I mean, I guess I have/could create more of a network in the USA than someone who didn’t live there the first two decades of their life. But the wording is weird to me- as I dont actually maintain a social or professional network over there, other than one good old friend and my three family members. Everything about my professional and social life is pretty much all UK for the last 10 years, but I visit the USA two times a year purely to see my handful of family members, and ONE friend but that’s it. What are they actually trying to get at with this question?

I would tick NO to that one, because your one good friend will be listed in the 'friends and family' part and is not considered a 'social network'.

By social networks they mean organisations and clubs that could offer you help and support if your visa was refused and you had to return to the US, like church groups, ethnic or local community organisations, sports teams, book clubs etc.

I assume that it's because you need to prove that you complied with the requirements for each visa while you held it.

So, for the Tier 4 visas, you would need to show you were continuously enrolled at a university and studying for the duration those visas.

And for the two FLR(M) visas, you would need to show you lived without spouse/partner continuously for the duration of those visas... hence the requirement for evidence of cohabitation.

Thanks, I suppose its not bizarre in theory that they'd ask for this, but what is confusing to me is that I was told on many forums and by two solicitors it wouldn't be necessary as the SET(LR) doesn't require anything other than evidence of when have left UK and immigration record (and LIUK test). So its rather gutting as I didn't bother collect post having been told wouldn't need it! Thought I was dong my due diligence with guidance and asking solicitors and yet was not given this information.

Thanks, I suppose its not bizarre in theory that they'd ask for this, but what is confusing to me is that I was told on many forums and by two solicitors it wouldn't be necessary as the SET(LR) doesn't require anything other than evidence of when have left UK and immigration record (and LIUK test). So its rather gutting as I didn't bother collect post having been told wouldn't need it! Thought I was dong my due diligence with guidance and asking solicitors and yet was not given this information.

I mean, I don't know for sure, but I am assuming that's the reason the application is asking for it. It may be that you don't need to provide it after all.

We always advise though, to continue saving ALL your paperwork until your ILR has been granted, just in case. Of course, this usually applies to people applying for SET(M)... but then again, what happens if your SET(LR) is refused for some reason and you can't fix it and have to apply for SET(M) next year instead? You'd need all the cohabitation paperwork for that application.

Note that it's not a Super Priority appointment that you purchase it's just the SERVICE itself.... so when you submit the online application, you will either have the option to pay for Standard or Priority... so you just need to keep checking to see if the service is offered. They allow a certain number of Super Priority purchases per day, so you just want to check each day to see if it's offered.

Then, once you submit the application, having paid for Super Priority, and you register with UKVCAS, you can try to find an appointment... and you should hopefully be able to get one within about 2 weeks of submitting the online application.

The BRP can take up to 10 working days to arrive once the decision has been made, thought I think others have received their BRP within 4 or 5 days.

Having said all that, if you're worried about the timing, it may be best to wait until January to apply, so you don't have the worry of the time-crunch before Christmas.

Thank you, it is helpful to hear that you either see the option to pay for super priority or not without the actual appointment times being shown at that same instance. So I presume if they let you pay for super priority, they simply assume you will pick an upcoming appointment within a certain timeframe, and they don't allow more people to pay for super priority than they will have appointments, so it all works itself out?
So in theory, the timeline should be: Pay for super priority, up to 2 weeks for appointment + one day for decision + 4-10 working days for BRP = one month from time of paying to get BRP max?

Personally, I would err on the side of caution and include the certificates.

Hmm, interesting- thank you. I assume they must have access to the registry trust themselves and automatically do a query on everyone, otherwise they'd never catch out people that don't declare. I thought including the registry certs would then only serve to draw attention tot he CCJs themselves AND that they weren't paid off until 4 months ago....but thinking about it now, yes maybe the certs are safer?

If it wasn't an issue for Super Priority last time, I assume it won't be an issue now. As long as your driving conviction is spent, it won't affect ILR (if it wasn't spent, it would be an automatic ILR refusal).

That's what I'm hoping, since i had both the CCJs and conviction for the last super priority it should be fine, but specifically wondered if they look at these things closer for ILR.
You HAVE however, just panicked me- as I had no idea about the 'automatic refusal' thing for unspent convictions!?! No solicitor has mentioned this to me! I am now scrambling to figure out if convictions are automatically spent after 'x'  amount of years in my homestate that it happened in, I assume/thought it was like in 6-10 years or something, but now I realise I don't actually know for sure it happens automatically and am having trouble finding online if it does D: D:

I would tick NO to that one, because your one good friend will be listed in the 'friends and family' part and is not considered a 'social network'.
By social networks they mean organisations and clubs that could offer you help and support if your visa was refused and you had to return to the US, like church groups, ethnic or local community organisations, sports teams, book clubs etc.

Ok, interesting! In that case, it really is a true no- nothing like that at all, no contact with anyone in USA other than family old close friends.

I mean, I don't know for sure, but I am assuming that's the reason the application is asking for it. It may be that you don't need to provide it after all.

We always advise though, to continue saving ALL your paperwork until your ILR has been granted, just in case. Of course, this usually applies to people applying for SET(M)... but then again, what happens if your SET(LR) is refused for some reason and you can't fix it and have to apply for SET(M) next year instead? You'd need all the cohabitation paperwork for that application.

No one has mentioned this, though maybe I should have thought more on my own, but solicitors just have said only need what is required for 10 year route as know that I for sure  qualify. And I would never apply for a more slightly more complicated doc requirements route when am eligible for a less complicated route an entire year earlier than the more slightly more complicated one. It genuinely never occurred to me would have an issue with SET(LR) as no overstays, gaps I truly do qualify. And if they had issue with conviction/CCJ...it'd be just as much an issue for SET(M) anyway, so there's just no situation where would have ever expect to use SET(M) instead.

Re: my panic about the 'unspent'- nevermind, seems like i am confusing 'unspent' with 'unsealed', which is sealing off records in a state vs 'spent/unspent' which appears to be something not imposed by individual jurisdictions but rather blanket rules in the UK? And is a definition based on severity of penalty + time passed, not based on individual actions taken or not to seal a record etc. According to this:

https://hub.unlock.org.uk/knowledgebase/spentposter/

...my conviction would certainly be spent 13 years later- no prison time, just 1 day community service and a fine. But let me know if I'm missing something?

No one has mentioned this, though maybe I should have thought more on my own, but solicitors just have said only need what is required for 10 year route as know that I for sure  qualify. And I would never apply for a more slightly more complicated doc requirements route when am eligible for a less complicated route an entire year earlier than the more slightly more complicated one. It genuinely never occurred to me would have an issue with SET(LR) as no overstays, gaps I truly do qualify. And if they had issue with conviction/CCJ...it'd be just as much an issue for SET(M) anyway, so there's just no situation where would have ever expect to use SET(M) instead.

I only mentioned it because the only real-life friend I know who applied for SET(LR), which was based on 10 years of student visas (from age 12-22), had her application refused. She thought she qualified, but it turned out there had been a paperwork error when she was 17 which meant there was a tiny gap of a few days between her student visas , which she was apparently unaware of, which meant she didn't meet the 10 years of continuous residency after all.

She had the choice of applying for new FLR visas every 2.5 years in order to stay in the UK until she could qualify for SET(LR), or returning home to Hong Kong. She decided it wasn't worth the hassle of applying for more visas, so she left.

Re: my panic about the 'unspent'- nevermind, seems like i am confusing 'unspent' with 'unsealed', which is sealing off records in a state vs 'spent/unspent' which appears to be something not imposed by individual jurisdictions but rather blanket rules in the UK? And is a definition based on severity of penalty + time passed, not based on individual actions taken or not to seal a record etc. According to this:

https://hub.unlock.org.uk/knowledgebase/spentposter/

...my conviction would certainly be spent 13 years later- no prison time, just 1 day community service and a fine. But let me know if I'm missing something?

A driving endorsement (such as reckless driving) that resulted in a fine and no prison time is considered spent under the Rehabilitation of Offenders Act 1974 after 5 years... so you're all good - it's been spent since 2013 .

See: https://www.gov.uk/guidance/rehabilitation-periods

Just an FYI, there is an issue with BRPs at the moment so I would wait for those to sort out before shelling out for a super priority appointment.

What ksand said is correct about cohabitation, as that was a condition of THAT visa and you have to show you’ve complied.  Sorry that you had useless solicitors tell you otherwise. 

Just an FYI, there is an issue with BRPs at the moment so I would wait for those to sort out before shelling out for a super priority appointment.

What ksand said is correct about cohabitation, as that was a condition of THAT visa and you have to show you’ve complied.  Sorry that you had useless solicitors tell you otherwise. 

I asked the solicitors explicitly too- they said not required for SET(LR) just SET(M). It's also weird to me that they don't ask for everything then. Like, why don't they ask for the financial requirement then too?

I saw on other threads its only 6 documents in 2 years from 3 different sources, is that correct?   In terms of joint, we only have Council tax statements and council tax payment booklets (doubtful to count as separate 'things' I worry) as I saved those for reference for our flatmate. The only thing could get in just his name are his bank as I assume they could re-print old statements, but I don't think there is anything else that could be printed now that would have old dates. In just-my name I can also get old bank statements re-printed, and I think I happen to have one item from internet provider in just my name in 2020. But its not sounding like enough with 1 thing in just his name, 2 things in just my name, 1 or 2 things in joint names?

Jesus I'm panicking. So much of my life and my family's,  including a parent in their 80s, in the upcoming months centered around my ability to have a visa to travel at Christmas and have this sorted out by then. In the middle of fertility treatment and we were desperate to have this sorted now and not in a few months, the stress of it all (not having ILR and trying to get pregnant) effecting my fertility treatment, but my fertility is also dropping quickly and waiting on that front is not clinically advised. What a mess!

I asked the solicitors explicitly too- they said not required for SET(LR) just SET(M). It's also weird to me that they don't ask for everything then. Like, why don't they ask for the financial requirement then too?

Because the FLR(M) visa validity is based on your relationship subsisting throughout the 2.5 years. The financial requirement, however, only needs to be met at the time you apply… you could lose your job/all your savings right after being granted FLR and it wouldn’t matter or affect your visa until it came to applying for the next visa.

I saw on other threads its only 6 documents in 2 years from 3 different sources, is that correct?   In terms of joint, we only have Council tax statements and council tax payment booklets (doubtful to count as separate 'things' I worry) as I saved those for reference for our flatmate. The only thing could get in just his name are his bank as I assume they could re-print old statements, but I don't think there is anything else that could be printed now that would have old dates. In just-my name I can also get old bank statements re-printed, and I think I happen to have one item from internet provider in just my name in 2020. But its not sounding like enough with 1 thing in just his name, 2 things in just my name, 1 or 2 things in joint names?

For SET(LR), you’ll need to prove cohabitation throughout the entire length of time you have held both FLR(M) visas, because the requirement here is to show your relationship has subsisted for the entire time you have been in the UK on partner/spouse-related visas.

So I assume you will need evenly-spaced documents covering the entire period since you switched from Tier 4.


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I only mentioned it because the only real-life friend I know who applied for SET(LR), which was based on 10 years of student visas (from age 12-22), had her application refused. She thought she qualified, but it turned out there had been a paperwork error when she was 17 which meant there was a tiny gap of a few days between her student visas , which she was apparently unaware of, which meant she didn't meet the 10 years of continuous residency after all.

Ah, gotcha. Well, i was 100% confident that I was eligible for 10 year route, given there was never any gap in my visas at all. And how I've categorically unambiguously never been out of UK more than 30 days at a time and super far below the total limit (300ish in 10 years). I just didn't seen any way to not qualify and solicitors agreed. The CCJ and spent driving charge from 2008 made me nervous about application but made no difference in this context as it would effect ILR(LR) and ILR(M) equally. But in hindsight I should have been more careful about thinking if there was an error on THEIR part or some bizarre thing, even if I was sure on my part that I qualified. And now here I am, qualifying but without the correct documentation which I really didn't foresee after being told over and over 10 year route is just based on lawful continuous residence and if can prove that nothing else is required. AUGH!

For SET(LR), you’ll need to prove cohabitation throughout the entire length of time you have held both FLR(M) visas, because the requirement here is to show your relationship has subsisted for the entire time you have been in the UK on partner/spouse-related visas.

So I assume you will need evenly-spaced documents covering the entire period since you switched from Tier 4.

Two things:
a) I mean, I  have the first two years, because I simply kept entire last visa application in its entirety.
b) But anyway, the application says: Evidence you have to prove the relationship with Mr Partner Name (for example marriage certificates), and correspondence addressed either to you jointly, or in both of your names, or addressed individually to you at the same address, to cover the last two years

My panic is about the last two years. For those two years, only have what we have which is what I just outlined above. Do you know if its enough? I can't find guidance document on website on the cohab document requirements for SET(LR) specifically pertaining to someone coming from FLR(M)

Because the FLR(M) visa validity is based on your relationship subsisting throughout the 2.5 years. The financial requirement, however, only needs to be met at the time you apply… you could lose your job/all your savings right after being granted FLR and it wouldn’t matter or affect your visa until it came to applying for the next visa.

Gotcha.