ILR set (M) application

pnkeyan1983 · Post by **pnkeyan1983** » Sun Dec 10, 2023 9:40 pm

Hi

My wife is applying for ILR Visa as a partner of settled person (family) on the 5 year route. She spent 13 months outside the UK due to Covid situation. She was pregnant when travelled and couldn’t travel back due to sudden outbreak of COVID and flight cancellations.

I believe the application form she needs is SET (M) correct?

In the eligibility criteria, it says “Time spent in the UK = 5 continuous years” but it doesn’t state anything regarding absences. Does the 180 days rule apply to SET(M) application?

I appreciate this must have been answered in some other threads but I wanted to be sure before applying 1 it is expensive and we need to include our child in the application as well.

Post by **CR001** » Sun Dec 10, 2023 10:16 pm

There is no absence limit rule for spouse visa holders.

pnkeyan1983 · Post by **pnkeyan1983** » Wed Dec 13, 2023 1:30 pm

Thanks very much for your kind response CR001.

Just to ensure that I'm 100% clear, the application form we need is SET (M) for switching from family visa (ILR dependent) to ILR. Correct?

I'm also planning to include my child's application along with my Wife's ILR application as his dependent visa expires inline with my wife's spouse visa 11/07/2024, but he hasn't completed 5 years yet (3.5years at the moment), is that fine or he has to complete 5 years?

I appreciate you may not be aware if the recent announcement regarding increase in salary threshold for spouse visa application will affect settlement application or not, but my question is "is there an alternate way to meet the financial/maintenance requirement? Ex. Savings, maintaining £xxxx for 6 months?

And to understand the right time to make the application, her family visa was first granted on 14/5/2019. After an extension, it runs till 11/7/2024. Although the visa runs till July 2024, she is eligible for ILR on 14/05/2024 correct?
I note a statement in the UKVI page "The earliest you can apply is 28 days before you meet the requirements for the time you need to have lived in the UK". This means she is eligible to apply from 16/04/2024 correct?

Thanks in advance for your response.

pnkeyan1983 · Post by **pnkeyan1983** » Wed Dec 13, 2023 1:30 pm

..
Thanks in advance for your response.

Post by **AmazonianX** » Wed Dec 13, 2023 2:20 pm

pnkeyan1983 wrote: ↑
Wed Dec 13, 2023 1:30 pm
Thanks very much for your kind response CR001.

Just to ensure that I'm 100% clear, the application form we need is SET (M) for switching from family visa (ILR dependent) to ILR. Correct? You are not switching to ILR but progressing to ILR and yes SET-M is correct

I'm also planning to include my child's application along with my Wife's ILR application as his dependent visa expires inline with my wife's spouse visa 11/07/2024, but he hasn't completed 5 years yet (3.5years at the moment), is that fine or he has to complete 5 years? Children can when both parents are settled, no requirement to meet up certain time

I appreciate you may not be aware if the recent announcement regarding increase in salary threshold for spouse visa application will affect settlement application or not, but my question is "is there an alternate way to meet the financial/maintenance requirement? Ex. Savings, maintaining £xxxx for 6 months?

And to understand the right time to make the application, her family visa was first granted on 14/5/2019. After an extension, it runs till 11/7/2024. Although the visa runs till July 2024, she is eligible for ILR on 14/05/2024 correct?
I note a statement in the UKVI page "The earliest you can apply is 28 days before you meet the requirements for the time you need to have lived in the UK". This means she is eligible to apply from 16/04/2024 correct? For spouse visa, it is the date of entry into UK that you count from, so when was this?

Thanks in advance for your response.

Post by **zimba** » Wed Dec 13, 2023 2:25 pm

- There is no absence limit under the family route at all.

- SET(M) is the correct form if your wife has been under a spouse/family visa for the last 5 years (NOT skilled worker dependant visa, etc)

- Children do NOT have any minimum residence requirement for ILR. They settle when both parents settle. So include the child too.

- There are no new rules or changes announced for the family routes or any other route for that matter. Nothing has changed. It is all media buzz at this moment. Any rule changes will be announced next year, probably to come into effect from April 2024

- There is a whole guide on how to satisfy the financial requirement: https://assets.publishing.service.gov.u ... rement.pdf

- Visa expiry is irrelevant for ILR. The earliest you can QUALIFY for ILR is 28 days from completing 5 years (since the date of first entry to the UK).

You can even apply earlier and benefit from the date of the decision of ILR
See: How to apply early and benefit from the date of the ILR decision ?

pnkeyan1983 · Post by **pnkeyan1983** » Wed Dec 13, 2023 3:31 pm

AmazonianX wrote: ↑
Wed Dec 13, 2023 2:20 pm

pnkeyan1983 wrote: ↑
Wed Dec 13, 2023 1:30 pm
Thanks very much for your kind response CR001.

Just to ensure that I'm 100% clear, the application form we need is SET (M) for switching from family visa (ILR dependent) to ILR. Correct? You are not switching to ILR but progressing to ILR and yes SET-M is correct

I'm also planning to include my child's application along with my Wife's ILR application as his dependent visa expires inline with my wife's spouse visa 11/07/2024, but he hasn't completed 5 years yet (3.5years at the moment), is that fine or he has to complete 5 years? Children can when both parents are settled, no requirement to meet up certain time

I appreciate you may not be aware if the recent announcement regarding increase in salary threshold for spouse visa application will affect settlement application or not, but my question is "is there an alternate way to meet the financial/maintenance requirement? Ex. Savings, maintaining £xxxx for 6 months?

And to understand the right time to make the application, her family visa was first granted on 14/5/2019. After an extension, it runs till 11/7/2024. Although the visa runs till July 2024, she is eligible for ILR on 14/05/2024 correct?
I note a statement in the UKVI page "The earliest you can apply is 28 days before you meet the requirements for the time you need to have lived in the UK". This means she is eligible to apply from 16/04/2024 correct? For spouse visa, it is the date of entry into UK that you count from, so when was this? She was in the UK when the family visa was granted and that is 14/05/2019. She entered UK on 11/03 /2018 as Tier 4 dependent.

Thanks in advance for your response.

pnkeyan1983 · Post by **pnkeyan1983** » Wed Dec 13, 2023 3:40 pm

zimba wrote: ↑
Wed Dec 13, 2023 2:25 pm
- There is no absence limit under the family route at all.

- SET(M) is the correct form if your wife has been under a spouse/family visa for the last 5 years (NOT skilled worker dependant visa, etc)

- Children do NOT have any minimum residence requirement for ILR. They settle when both parents settle. So include the child too.

- There are no new rules or changes announced for the family routes or any other route for that matter. Nothing has changed. It is all media buzz at this moment. Any rule changes will be announced next year, probably to come into effect from April 2024

- There is a whole guide on how to satisfy the financial requirement: https://assets.publishing.service.gov.u ... rement.pdf

- Visa expiry is irrelevant for ILR. The earliest you can QUALIFY for ILR is 28 days from completing 5 years (since the date of first entry to the UK). Thank you @zimba, Her first entry to UK was as Tier 4 dependent on 11/3/2018 which i don't think i can include for settlement application. She was in the UK when she first switched to family/spouse visa and that was on 14/05/2019. So per your statement, the earliest that she can apply is 16/04/2024 correct?

You can even apply earlier and benefit from the date of the decision of ILR
See: How to apply early and benefit from the date of the ILR decision ?

Post by **zimba** » Wed Dec 13, 2023 5:25 pm

Correct. It starts from either first date of entry or first visa approval when switched in the UK

pnkeyan1983 · Post by **pnkeyan1983** » Thu Dec 14, 2023 12:45 pm

Zimba, one last question

https://assets.publishing.service.gov.u ... rement.pdf

This link seem to be Appendix FM armed forces. Our application is progression from family visa to ILR visa. Is it still applicable?

If possible, can you give me a blank copy of SET (M) application form and its policy guidance.

Thank you.

Post by **zimba** » Thu Dec 14, 2023 12:57 pm

pnkeyan1983 wrote: ↑
Thu Dec 14, 2023 12:45 pm
Zimba, one last question

https://assets.publishing.service.gov.u ... rement.pdf

This link seem to be Appendix FM armed forces. Our application is progression from family visa to ILR visa. Is it still applicable?

If possible, can you give me a blank copy of SET (M) application form and its policy guidance.

Thank you.

That is a misconception. You should read the two lines separately so it covers both those groups:

1) Appendix FM Section 1.7 Appendix
2) Armed Forces

SET(M) is an online application form: https://visas-immigration.service.gov.uk/product/set-m

pnkeyan1983 · Post by **pnkeyan1983** » Thu Dec 14, 2023 1:05 pm

Thank you for clarifying.

I'm aware the application process is online but I would like see the paper/PDF copy to see all the questions being asked in it. If i can have the copy of policy guidance like it was used to be before, it will be helpful.

Post by **AmazonianX** » Thu Dec 14, 2023 2:26 pm

pnkeyan1983 wrote: ↑
Thu Dec 14, 2023 1:05 pm
Thank you for clarifying.

I'm aware the application process is online but I would like see the paper/PDF copy to see all the questions being asked in it. If i can have the copy of policy guidance like it was used to be before, it will be helpful.

It's no more in paper format but live online. You can do a dummy run to be familiar or know what is asked.

Post by **zimba** » Thu Dec 14, 2023 3:21 pm

pnkeyan1983 wrote: ↑
Thu Dec 14, 2023 1:05 pm
Thank you for clarifying.

I'm aware the application process is online but I would like see the paper/PDF copy to see all the questions being asked in it. If i can have the copy of policy guidance like it was used to be before, it will be helpful.

That is the form. You can fill out an online form and not submit it. You may save it to submit later. The form is now online and changes as UKVI sees fit

pnkeyan1983 · Post by **pnkeyan1983** » Wed Jul 03, 2024 5:47 pm

Hello All,
URGENT HELP NEEDED!!
I’m in a deep dilemma whether to go for family visa extension or to apply for an ILR.
My wife and my son are due for their ILR application before 11/07/2024 (next Thursday). They are currently on Family visa (Spouse/child dependent of settled person). My wife completed 5 years and my son completed 3.5 years in this category. However, my wife spent 13 months outside the UK (in India) when my son was born probably breaking 180-day absence rule for continuous residence but we aren't sure if this rule applies for family dependent visa holders.
She was pregnant at the time of our departure from the UK and our initial plan was to return back to the UK by 11th March 2020 and give birth to baby in the UK (We have flight tickets). But COVID lockdown was announced in the UK during that time (20th March) and we weren't so comfortable with quarantine especially the fear of what sort of its effect on pregnant women. So we called mid-wife and decided to stay back. Baby was born in June but then lock down was announced in India and international air travel got suspended. This delayed our son's birth certificate, passport and visa application process.
Her first family visa (spouse) was granted from 14/05/19 to 10/12/21. Following the extension, it was extended until 11/07/204. My son's visa expires on the same date as well. Her absence from the UK are as follows
18/01/2020 to 28/02/2021 - 407 days (13 months 10 days)
11/03/2022 to 29/06/2022 - 110 days (3 months 18 days)
03/03/2023 to 29/03/ 2023 - 26 days
05/04/2024 to 30/04/2024 - 25 days
If the absence is calculated on a rolling 12 month period from application date ( 7/7/24)
7/7/19 to 7/7/20 - 172 days
8/7/20 to 7/7/21 - 236 days
8/7/21 to 7/7/22 - 110 days
8/7/22 to 7/7/23 - 26 days
8/7/23 to 7/7/24 - 25 days

I also read UKVI will not refuse instead they vary the leave and refund the excess application fee and ask us to pay IHS for the varied leave. Is this true?

Please let me know if anyone was in similar situation, what decision have you made and what was the outcome? Thanks in advance for your responses.

Post by **CR001** » Wed Jul 03, 2024 5:59 pm

There is NO 180 days absence limit rule for spouse visa holders!!

pnkeyan1983 · Post by **pnkeyan1983** » Wed Jul 03, 2024 7:37 pm

Thank you CR001. Regarding English language. Do the SET M applicants must take approved English language tests? or can they use degree certificate and NARIC?

Whilst i was filling SET M there was a question, "Do you have a previous visa, entry clearance or leave to remain where you had to prove your knowledge of English?" I've answered yes and then the next question is "Have you passed an approved English language test?" I've answered NO although i have IELTS certificate from 2017. Then the next question is "Are you claiming an exemption from the English language test due to a medical or mental condition? & Do you have exceptional circumstances that prevent you from taking the test?" I've answered NO for both. Is this a problem?

Post by **zimba** » Thu Jul 04, 2024 2:28 am

pnkeyan1983 wrote: ↑
Wed Jul 03, 2024 7:37 pm
Thank you CR001. Regarding English language. Do the SET M applicants must take approved English language tests? or can they use degree certificate and NARIC?

Whilst i was filling SET M there was a question, "Do you have a previous visa, entry clearance or leave to remain where you had to prove your knowledge of English?" I've answered yes and then the next question is "Have you passed an approved English language test?" I've answered NO although i have IELTS certificate from 2017. Then the next question is "Are you claiming an exemption from the English language test due to a medical or mental condition? & Do you have exceptional circumstances that prevent you from taking the test?" I've answered NO for both. Is this a problem?

The answers are OK. However, the NARIC certificate must have been obtained under the RED route

pnkeyan1983 · Post by **pnkeyan1983** » Thu Jul 04, 2024 12:47 pm

Thanks Zimba. How do I know whether my NARIC is red or blue route? The certificate has red coloured header and strips all over.

Post by **zimba** » Thu Jul 04, 2024 1:21 pm

It used to be called 'Visa & Nationality Service'. I am not sure how the certificate looks like to confirm

The red coloured UK NARIC Visas and Nationality statements have enhanced security features and present clearly to the Home Office case worker the information regarding your qualification(s) that they need (about your qualifications, country of study etc) to make a decision about your immigration, settlement or visa application.

pnkeyan1983 · Post by **pnkeyan1983** » Thu Jul 04, 2024 1:43 pm

Thank you. It is from the The UK visas and nationality service.

pnkeyan1983 · Post by **pnkeyan1983** » Fri Jul 05, 2024 9:56 am

@zimba one last question. Will they accept internet bank statements for Financial and cohabitation? or does this have to be sent in the post?

Post by **zimba** » Fri Jul 05, 2024 1:37 pm

pnkeyan1983 wrote: ↑
Fri Jul 05, 2024 9:56 am
@zimba one last question. Will they accept internet bank statements for Financial and cohabitation? or does this have to be sent in the post?

All digital evidence can be used. No physical documents are sent or necessarily needed. There is also no specific evidence required for cohabitation

pnkeyan1983 · Post by **pnkeyan1983** » Sat Jul 06, 2024 2:37 pm

Thank you. I've submitted my application today 06/07/2024 and booked biometrics on 26/07/2024.
However, my visa expires on 11/07/2024. Will this be an issue? Am i overstaying?

Post by **CR001** » Sat Jul 06, 2024 2:44 pm

Will this be an issue? Am i overstaying?

No and No.

The date of application online is the relevant date and must be before your visa expires. Biometric date is irrelevant as to when it is booked for.

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