FLR (M) to SET (M) - Self Employed

[peteOpete]

Hello All,

I am currently looking over the application for my wife and child. My wife and child both are on FLR (M) currently which was issued on May 9th 2012. My wife has been here since 2010 May - initially a dependant on the Tier 1 (General) application. My daughter was born in India in 2011. Both of them got issued FLR (M) last year when i got my ILR (my wife didn't get the chance to do her LIUK during the time of my application - poor planning by me!). Now we are looking to get both my wife and daughter to move onto ILR using SET (M).

Our circumstances have changed slightly from an employment point of view. Till early this year I was employed by a firm. From Feb I ventured out on my own as a director of a Ltd. Company. My wife is also a part director of this company - she is not working else where - she is the Company secretary. I am not very clear on what documentation should I being showing in this case from an employment and salary point of view. For the financial year 2012-2013 we didn't draw any dividends out. Just planning to draw the first amnt of dividend this month.

Could some one please advise on what documents would be required to prove our incomes?

Regards,

[Amber]

Hello All,

I am currently looking over the application for my wife and child. My wife and child both are on FLR (M) currently which was issued on May 9th 2012. My wife has been here since 2010 May - initially a dependant on the Tier 1 (General) application. My daughter was born in India in 2011. Both of them got issued FLR (M) last year when i got my ILR (my wife didn't get the chance to do her LIUK during the time of my application - poor planning by me!). Now we are looking to get both my wife and daughter to move onto ILR using SET (M).

Our circumstances have changed slightly from an employment point of view. Till early this year I was employed by a firm. From Feb I ventured out on my own as a director of a Ltd. Company. My wife is also a part director of this company - she is not working else where - she is the Company secretary. I am not very clear on what documentation should I being showing in this case from an employment and salary point of view. For the financial year 2012-2013 we didn't draw any dividends out. Just planning to draw the first amnt of dividend this month.

Could some one please advise on what documents would be required to prove our incomes?

Regards,

Do you not pay a salary to yourself and or your wife and do you have any savings?

[peteOpete]

Hi Amber,

Thanks for the quick reply.
Yes I do pay salary to my wife and myself every month.

I do have some savings account additionally for which the bank could give statements for. However, this is just in my name not a joint account would that be ok?

Also, is there like a minimum my wife and I need to earn or show UKBA ?

Additional letters could be obtained from our accountants - but I wanted to know what the content of these letters should essentialy cover?

Regards,

[Amber]

Hi Amber,

Thanks for the quick reply.
Yes I do pay salary to my wife and myself every month.

I do have some savings account additionally for which the bank could give statements for. However, this is just in my name not a joint account would that be ok?

Also, is there like a minimum my wife and I need to earn or show UKBA ?

Additional letters could be obtained from our accountants - but I wanted to know what the content of these letters should essentialy cover?

Regards,

As they are applying under the old rules they only need to be able to maintain themselves without recourse to public funds. The income needs to be only the level of income support after housing costs/rent has been subtracted. Do you get wage slips? If so, those and the corresponding bank statements for 3 months should suffice. I assume you are claiming child benefit and tax credits (if applicable) for your child?

[peteOpete]

Hi Amber,

Again thanks for the information.

Well our accountants provides the wage slip signed and stamped. The bank account statements tallies with these.

No we are not claiming any child benefit or tax credits yet. Will that usually help?

Thanks again.

[Amber]

Hi Amber,

Again thanks for the information.

Well our accountants provides the wage slip signed and stamped. The bank account statements tallies with these.

No we are not claiming any child benefit or tax credits yet. Will that usually help?

Thanks again.

That will be fine, wage slips and corresponding bank statements, what is your total (you both) monthly wage after deducting rent/housing costs?

If you entitled to child benefit then you should claim it, you're settled so you can. Tax credits would have to be in joint names as you're a couple.

[peteOpete]

Hi Amber,

Apologies I was not able to get back earlier. In response to the question you asked with regards to the wages after rent = 800 GBP. Is showing this too less?

So to summarize, if I understand you correctly the below maybe sufficient for the SET (M) application:

1. Salary Slips for the last 3 months

2. Bank Statement for last 3 months - please note that there has been times when the bank account has become low - but as you advised there isn't a minimum that needs to be shown.

Is the above enough?

We are planning to take a dividend out today and request for bank statements showing this next week. I was planning to get a dividend voucher from my accountant will this be required/help?

Thanks again..

[Amber]

Hi Amber,

Apologies I was not able to get back earlier. In response to the question you asked with regards to the wages after rent = 800 GBP. Is showing this too less?

So to summarize, if I understand you correctly the below maybe sufficient for the SET (M) application:

1. Salary Slips for the last 3 months

2. Bank Statement for last 3 months - please note that there has been times when the bank account has become low - but as you advised there isn't a minimum that needs to be shown.

Is the above enough?

We are planning to take a dividend out today and request for bank statements showing this next week. I was planning to get a dividend voucher from my accountant will this be required/help?

Thanks again..

You can get as it won't hurt. But £800 per month is fine.

[peteOpete]

Thanks very much Amber for your help in advising.

Filling out the SET(M) form, I have further few more questions:

1. Section 2.13 : Living arrangements - My concern is my wife was away to India during our child's delivery. She was away from 14 July 2011 to 31 Jan 2012. Would I have to answer No for this question?

2. Will the above response to question 9.11 affect my wife's chances for ILR? I have no intention to lie - but just to be aware of the facts and if there is anyway to mitigate it.

Thanks again everyone for the help.

[Amber]

Thanks very much Amber for your help in advising.

Filling out the SET(M) form, I have further few more questions:

1. Section 2.13 : Living arrangements - My concern is my wife was away to India during our child's delivery. She was away from 14 July 2011 to 31 Jan 2012. Would I have to answer No for this question?

2. Will the above response to question 9.11 affect my wife's chances for ILR? I have no intention to lie - but just to be aware of the facts and if there is anyway to mitigate it.

Thanks again everyone for the help.

There is no requirement to be in the UK for the full time however, the reasons must be good. In the extra information explain that your wife was absent for six months due to giving birth, explain that it was necessary for reasons of culture and family and that she returned following birth and wants to live here permanently with you.

[peteOpete]

So does this mean that for Question 2.13 I need to answer 'NO' ?

[Amber]

So does this mean that for Question 2.13 I need to answer 'NO' ?

Correct.

[livcyxingfoee]

Bank Statement for last 3 months - please note that there has been times when the bank account has become low - but as you advised there isn't a minimum that needs to be shown.


SPAM links removed

[peteOpete]

Hello again,

I maybe becoming a bit paranoid here...but do you think I would require the help of an agent?

I am trying to get a same day service by applying in PEO - would my case be classed as complicated as I am a director of a ltd company ?

Thanks for your suggestions again,

Regards

[Amber]

Hello again,

I maybe becoming a bit paranoid here...but do you think I would require the help of an agent?

I am trying to get a same day service by applying in PEO - would my case be classed as complicated as I am a director of a ltd company ?

Thanks for your suggestions again,

Regards

Shouldn't be complicated. But to be certain and to rest your worries I suggest you use the Settlement Checking Service - http://www.ukba.homeoffice.gov.uk/visas ... et(m)/scs/ - who will check your form and can telephone a HO caseworker for any issues. Once they have checked your SET(m) form you should have no issues at your PEO. The cost of SCS is around £90, much cheaper than an agent.[/url]

[peteOpete]

Thanks again Amber. I have contacted the local SCS- hope they could provide this service. Lets see.

Cheers.

[peteOpete]

Hello All,

I am in total confusion again. So request advice from all the gurus here.

I wentt to Settlement checking services today with the intention of showing my application form and documents ...requesting them to see whether all the documents I have is sufficient or not for the SET M appln. The pwrson from SCS was a bit inexperienced and she told us in the onset that she will get her team lead to have a look at the appln and forms as well. She went through all the documents with me and then took it to her senior. .. now this is thw real shocker....the senior person came and told us that my wife is not eligible for getting the ILR yet.....she told me that because the FLR had another year to run out we can only apply 28 days before the expiry of the FLR (M). She told us that when we applied for the FLR(M) last year it superseded the Tier1 dependant visa and the ability to apply for settlement directly from that... I told her that the reason my wife was not eligible for settlement was because she didn't give her LIUK test by then and hence she would not have got the ILR along with me..but she told me that she called up a case worker and specifically asked about my wife's case with her residence permit ref...and this is the response she got from them....I am totally confused. ..just to briefly summarize my wife's immigration status:

Entered UK as work permit dependant on 5 May 2009
I changed my work permit to Tier 1 general on the 10th May 2009 so my wife's also applied wih me and became Tier1 general dependant. .
I got my ILR approved only in the nick of time by 8th May 2012...and she didn't get her LIUK done by then so she applied for FLR (M) on 9th May 2012 and she and my little one were on FLR (M) whixh expires next year in May...

Question is : is she eligible for ILR now? Has any rules changed?

Please advise. ..

[Amber]

Hello All,

I am in total confusion again. So request advice from all the gurus here.

I wentt to Settlement checking services today with the intention of showing my application form and documents ...requesting them to see whether all the documents I have is sufficient or not for the SET M appln. The pwrson from SCS was a bit inexperienced and she told us in the onset that she will get her team lead to have a look at the appln and forms as well. She went through all the documents with me and then took it to her senior. .. now this is thw real shocker....the senior person came and told us that my wife is not eligible for getting the ILR yet.....she told me that because the FLR had another year to run out we can only apply 28 days before the expiry of the FLR (M). She told us that when we applied for the FLR(M) last year it superseded the Tier1 dependant visa and the ability to apply for settlement directly from that... I told her that the reason my wife was not eligible for settlement was because she didn't give her LIUK test by then and hence she would not have got the ILR along with me..but she told me that she called up a case worker and specifically asked about my wife's case with her residence permit ref...and this is the response she got from them....I am totally confused. ..just to briefly summarize my wife's immigration status:

Entered UK as work permit dependant on 5 May 2009
I changed my work permit to Tier 1 general on the 10th May 2009 so my wife's also applied wih me and became Tier1 general dependant. .
I got my ILR approved only in the nick of time by 8th May 2012...and she didn't get her LIUK done by then so she applied for FLR (M) on 9th May 2012 and she and my little one were on FLR (M) whixh expires next year in May...

Question is : is she eligible for ILR now? Has any rules changed?

Please advise. ..

See http://www.immigrationboards.com/viewtopic.php?t=114832

[peteOpete]

Hi Amber,

thanks for your reply...although i should confess i dont fully understand what i just read... does this mean my wife can apply for settlement and what SCS advised was incorrect?

[Amber]

Hi Amber,

thanks for your reply...although i should confess i dont fully understand what i just read... does this mean my wife can apply for settlement and what SCS advised was incorrect?

You should ask the SCS to look at immigration rule 287(a)(i)(d) (or get them to phone a HO caseworker)

__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant; and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled

[peteOpete]

Hi Amber..

Thank you for the response. ... SCS claimed that they spoke to a Caseworker while lookingat my qqife's application. ...infact they told us that they had provided the exact BRP ref no: and the CW pulled up my wife's immigration file and advised them what I told in the earlier post. Is it possible that the Caseworker would have been mistaken as well?
I am probably planning to write to the SCS office to give reference to the immigration rule ......I have a PEO appointment soon in Liverpool. ...do u think it will be an issue there. ..?

[vinny]

Is it possible that the Caseworker would have been mistaken as well?

Possible.

[Amber]

Hi Amber..

Thank you for the response. ... SCS claimed that they spoke to a Caseworker while lookingat my qqife's application. ...infact they told us that they had provided the exact BRP ref no: and the CW pulled up my wife's immigration file and advised them what I told in the earlier post. Is it possible that the Caseworker would have been mistaken as well?
I am probably planning to write to the SCS office to give reference to the immigration rule ......I have a PEO appointment soon in Liverpool. ...do u think it will be an issue there. ..?

As Vinny pointed out, there appears to be other cases where the HO are not considering the immigration rule as highlighted. Now that you are aware of the rule, and can give reference to it if required, there should be no problem at your peo, explain it to the caseworker before they proceed with your application. A written complaint to the SCS would also be a good idea.

[peteOpete]

Thanks Vinny and Amber.

I am planning to write a complaint to the SCS before COB today and lets see what happens.

In any case, I am going ahead to the PEO appntmnt in Liverpool - I hope they have Caseworkers who knows the rules- anyways thank you and will keep you all updated on what happens.

Thanks again

[peteOpete]

Today I got the response from the SCS which neither touching here or there....see below:

"I refer to your recent complaint regarding our Settlement Checking Service. I confirm that I have investigated your complaint fully and would advise you as follows.

When the booking was made, you/your wife confirmed that you/your wife had read and understood the most recent UK Border Agency SET (M) guidance. You will be aware that the guidance provides details of when to apply. At the time of booking our adviser should have queried with you/your wife the expiry date of the visa. The expiry date shown was May 2014 and in terms of the guidance applications should not be made more than 28 days before completing the two year qualifying period required by the Immigration Rules.

Please accept my apologies that this was not picked up when the appointment was made. I will speak to the adviser concerned to ensure this does not happen again.
.....
The role of the Settlement Checking Service includes checking the application form is valid and complete; checking the SET (M) form has been correctly completed; and to check the right type and number of supporting documents has been provided. Checking Service advisers cannot provide advice or make decisions on eligibility. Eligibility is considered by the Home Office and I would recommend that you seek guidance from an Immigration Adviser.

I note your request for the Checking Service to contact the UK Border Agency on your behalf. The Checking Service cannot act on your behalf and as previously indicated I suggest that you contact an Immigration Adviser for further advice. "

I don't know what to make of the above. Any comments?

I have checked and read the rules again. Is it just me or is it worded in language that cannot be easily understood .Could I ask some further questions:

1. Should the rule 287 (a)(i)(d) be read along with 287(a)(i)(c) there is an 'and' in the end of 287(a)(i)(c). If so what does that mean - as 287 (a)(i)(c) talks about another rule 282 (c).

2. The phrase in 287(a)(i)(d) " and then obtained an extension of stay under paragraphs 281 to 286 of these Rules " Is this talking about my wife's FLR (M) status ?

3. The phrase in 287(a)(i)(d) "and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here" - is this after the FLR (M) is granted ? I am just making sure...

Apologies if I seem to repeat the question. But I am trying to look if there is any explicit place where it says that the period in Tier 1 general dependant could be added with the time being in FLR (M).

Do I require to have a cover letter with my application referring to the above rule along with my application??