SET (M) query

[naav]

Hi everyone

My wife came over to the UK in 2005 on a two year spouse visa. We applied for FLR (M) in 2007 as she didn't have the necessary english requirements. She got that (FLR (M)) and it expires in 2009. Since then she has now got her relevant certificates and letter from the college to confirm this and that she did some Citizenship material too as laid out by the Home Office. So we thought we should now apply for her ILR.

When she initially came over we stayed on rent for about a year. After out son was born we stayed at my parents' for several months so as my wife could get some help. We then moved out again and stayed on rent for 6 months. I then tried to buy a flat but unfortunately it didn't go through so we ended up staying at my parents' again. We're there presently until I can buy a flat.

The two times we stayed on rent, out council tax is on both names and there are some bills on both names for the period 2005 - 2006. Also for the second flat we rented out, both our names are on the lease.

Finally, apart from utility bills, any bank statements and NHS letters have always been sent to my parents' address as that's been our 'permanent fixed' address; it's been mine for the last 20 years or so too.

1. On the ILR form, should I use one address i.e. my parents'? I've managed to gather some bank statements of hers and some NHS letters, prescriptions which are in her name only and add up to 10 and I've got plenty of letters too (mobile phone bills) which would make it up to 20.

OR

2. Should I add the other addresses since 2005 which have some documents in both our names too?

Thank you and I hope someone can advise

[whirly]

1. On the ILR form, should I use one address i.e. my parents'? I've managed to gather some bank statements of hers and some NHS letters, prescriptions which are in her name only and add up to 10 and I've got plenty of letters too (mobile phone bills) which would make it up to 20.

OR

2. Should I add the other addresses since 2005 which have some documents in both our names too?

Hi naav,

My understanding is that SET(M) asks for docs spread over the most recent 24 months. In the spirit of giving them exactly what they ask for, I'd recommend focusing on that time frame instead of extending back to 2005. When I applied for ILR in April, we had at least one doc in at least one name for each of the 24 months, and the IO seemed quite satisfied.

It might not hurt to add info from 2005, but I think it would be more important to cover the last 24 months adequately.

Just my opinion...

Good luck!

[John]

It is necessary to show that the two of you are living at the same address, at any particular point in time. But of course you are allowed to move around, but as long as your documents for both of you are addressed to the same address, at the same point in time, there will not be a problem.

As already said, the evidence needs to cover the last 24 months.

You mention some documents. Also don't overlook letters from the Child Benefit office, nor the Tax Credits office. The Tax Credits one will of course be in joint names.

[naav]

Thank you so much Whirly and John

Will get back to you if I have any more queries. Thank you again.

[naav]

When she applied for FLR (M) last year, I used our permanent address at my parents' even though we were in the middle of our 6 month rent contract staying elsewhere. I had to provide bank statments and pay slips and so all that stuff has always been sent to my parents' address so I used our permanent address on the application. Also, her bank statements and NHS stuff has always been sent there too.

So, if I apply for her SET (M) now and state that 'temporary' address now and thus provide our lease contract with both names and council tax bill with both names will it become a hurdle for her getting ILR as when we applied for FLR (M), we were at that temporary address, at the time fo applying but didn't mention that address because our bank statements and other documents relevant to the FLR were at our permanent address.

Please let me know if the above doesn't make sense! Thanks

[whirly]

When she applied for FLR (M) last year, I used our permanent address at my parents' even though we were in the middle of our 6 month rent contract staying elsewhere. I had to provide bank statments and pay slips and so all that stuff has always been sent to my parents' address so I used our permanent address on the application. Also, her bank statements and NHS stuff has always been sent there too.

So, if I apply for her SET (M) now and state that 'temporary' address now and thus provide our lease contract with both names and council tax bill with both names will it become a hurdle for her getting ILR as when we applied for FLR (M), we were at that temporary address, at the time fo applying but didn't mention that address because our bank statements and other documents relevant to the FLR were at our permanent address.

Please let me know if the above doesn't make sense! Thanks

Hi again naav,

I think it's only as complicated as you make it. Stick to two golden rules:
1) give them what they ask for - no more, no less
2) be honest

So where it asks for all your addresses in the past 24 months, list any places where you have lived with your wife - parents', rentals, etc. - and in the docs, make sure you have something for each of the 24 months. If you are afraid that addresses will not match up, include a cover letter explaining that you lived in a rental but received bills at your parents' house. Like John said, they want evidence that you and your wife have been living together as a married couple for the last 24 months.

If I understand your question, your main worry is that you will show an address that was not declared when she got FLR. My suspicion is that it will not even come up as long as the rest of your application is strong - just try not to give them any reasons to question it.

Are you applying in person or by post? If in person, you can always explain anything that might seem unclear.

Best of luck...

[naav]

Thank you

[whirly]

Thank you

Hey naav,

Did you already send in your ILR application? If not, you're in luck. They just changed the SET(M) from this week. Now you only need to give them 6 docs over the last 2 years!

New Form SET(M) here.

Best,
Whirly

[naav]

Hi. Thanks.

I was just about to send it off and thought I'd check the website and thus noticed the changes.

Should I call them to check if my wife can apply for ILR now or should she wait until the expiry of her FLR? She came into the UK in 2005 on a two-year spouse visa and then got her FLR in 2007 as she didn't have the necessary English and Citizenship requirements.

[whirly]

Hi. Thanks.

I was just about to send it off and thought I'd check the website and thus noticed the changes.

Should I call them to check if my wife can apply for ILR now or should she wait until the expiry of her FLR? She came into the UK in 2005 on a two-year spouse visa and then got her FLR in 2007 as she didn't have the necessary English and Citizenship requirements.

I don't think there's any requirement to wait until her FLR expires. If she has now fulfilled all the requirements for ILR, why wait? Is she going for British citizenship afterwards? All the more reason to do it sooner rather than later, when they change the rules next year...

[John]

I don't think there's any requirement to wait until her FLR expires.

That is right, she has already been in the UK for over 2 years, and has now got the required certificate. She can apply for ILR now .... no need to wait until the new 2-year visa expires.


naav, given that she came to the UK in 2005, has she now been here three years? If so, once she has her ILR .... and assuming you are a British Citizen .... she will be eligible to apply for Naturalisation. And given the rules for that are only going to get tougher, I suggest you do not hang around making that application, assuming of course she does intend to make that application at some stage.

Ah but the expense! Either £750 or £950 for the ILR, and then £655 for the Naturalisation!

[zigleon]

Hi.

My wife is about to apply for ILR. I just have one query.

We don't have 6 documents addressed to us jointly (only two) the other 4 will be addressed to us individually. Do we have to include a letter stating why the other 4 are not in both our names?

Cheers

[John]

Doesn't the form make that very clear?

We need 6 letters or other documents addressed to you jointly or in both your names. If you do not have enough items in your joint names, you may also provide items addressed to each of you individually if they show the same address for both of you. Examples of acceptable letters and documents are listed below. They must be originals.

-: etc etc

[zigleon]

you'd think....wouldn't you....but it then states the following

Please give an explanation on a separate sheet if you cannot provide 6 items; if the documents are not addressed to both of you.....


well a few won't be addressed to both of us, just individually......so do I need to include a letter...

[John]

I see what you mean! Do please appreciate that this version of the form SET(M) is very new ... it came into force only last Monday!

So it seems they do require a letter, but what can it possibly say? "We enclose six pieces of evidence, but only two of them are in joint names." What more can you say? By definition some types of evidence are only addressed to one person .... letter from GP's surgery about smear test ..... not much call for those to be in joint names! (for a married couple!!!!!!)

I can also say that when my own wife applied for her ILR back in 2001, absolutely nothing at all was in joint names. Nevertheless, no problem at all getting the ILR.

[zigleon]

Hi John..

Thanks for your reply.......you can see what I mean......it's a bit of a grey area....

...it's a little contradicatory......you can include individually same addressed documents ....but it seems you have to explain why.......I think....

do we include a letter (to be on the safe side) stating the obvious as to why it's not addressed jointly....i.e. a smear test or the like...

[John]

I think, yes, to be on the safe side, probably best to include a short letter, stating the obvious!

[zigleon]

That's our thinking now.....it certainly can't hurt the application with a letter included.....it just seems a bit pointless....


....we will be applying with the new directives in mind within the next couple of weeks and let everyone know how it goes...!!

If anyone else reads this applying in a similar fashion to ours with the new version SET(M) forms.......please let us know what you did here....

[naav]

Thanks John and Whirly.

Yeah, I'm a British Citizen and she'll have been in the UK, three years in the next couple of months I think.

[John]

After she has got her ILR, and as soon as she can pass the "applicant was physically in the UK exactly 3 years before UKBA will receive the Naturalisation application" test, I would suggest she does intend make that Naturalisation application. The legislation is only going to get tougher, so best to apply as soon as she meets the relevant tests.

[naav]

Hi everyone.

I was reading through an earlier post about the SET(M) form which mentioned submitting a marriage certificate with the application.

I sent my wife's SET(M) form a couple of weeks ago and the form didn't ask for a marriage certificate. She has FLR and the FLR(M) form we completed last year (which she was granted and is currently on for two years, expiring next year) did ask for this and we submitted it back then.

I actually did wonder why the form never asked for a marriage certificate but since it didn't, I didn't submit ours. Does anyone know anything about this?

Thank you.

[zigleon]

We have applied this week for ILR and also didn't include the marriage certificate as it wasn't asked for.

I assume as we incuded it for our LLR application 2 years ago it's obvious we are married still.

[Casa]

You don't need to include your marriage certificate for SET(M) applications.
However, strangely, there have been cases of PEO applicants being asked to return with their marriage certificate. But then some checking officers are asking for more than the required 6 documents....so maybe they make it up as they go along.
Back to the original question. No you didn't need to include your marriage certificate.

[naav]

Thank you.

[naav]

Hi everyone

My wife just got her ILR. Thank you!

1. My wife's passport expires in around two years time. Do we have to get a new ILR?

2. She'll have been in the UK, three years, with no absences, in around two weeks time.

(i) Does she need a new ESOL with Citizenship certificate or will the one we used for her ILR do?

(ii) Are there any other conditions or tests applicable for naturalistation?

3. When can she apply for a British passport?

Thank you