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Divorce/marriage docs needed for Set(m) app??

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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kid13
Junior Member
Posts: 78
Joined: Wed Sep 21, 2011 5:57 pm
Location: UK

Divorce/marriage docs needed for Set(m) app??

Post by kid13 » Sun Aug 24, 2014 2:02 pm

Hi All,

My query relates to Set(M):
2.23 - 'provide original copies of divorce'
11B - 'only provide marriage/previous divorce documents if last granted leave was as an unmarried partner'

11B appears to contradict 2.23.

Since we provided the marriage and previous divorce documents for the FLR(M) 2 years ago, do we need to provide previous divorce and current marriage documents again now for the Set(M)?

Also, since any bank statements won't show funds on the exact day of the application, how far back is it acceptable to have the last statement dated?

Thanks in advance.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Divorce/marriage docs needed for Set(m) app??

Post by Obie » Sun Aug 24, 2014 4:51 pm

Well some people were granted visa as an unmarried partner before, and they have since married.

Their previous application was as an unmarried partner, perhaps because they did not have a divorce or, they did not want to marry then.

If they were in a previous relationship and have now married, then they will need to provide evidence that were free to married on the day they got married.

If they have never married before, they will not need to.

Q 2.23 only apply if a person answered yes to 2.21 and 2.22.

If you answer yes to 2.21 and no to 2.22, you will not need to provide a divorce certificate.
Smooth seas do not make skilful sailors

kid13
Junior Member
Posts: 78
Joined: Wed Sep 21, 2011 5:57 pm
Location: UK

Re: Divorce/marriage docs needed for Set(m) app??

Post by kid13 » Sun Aug 24, 2014 5:46 pm

In our case we answered:
2.21 No (as we are married to each other)
2.22 Yes (as one of us was previously married)

2.23 states we therefore have to provide the divorce and marriage docs again, and does not state that we are exempt from doing so if we already provided this for the FLR(M) (unlike 11B which does lead me to believe that we are exempt from doing so)

So basically answering yes to either 2.21 or 2.22 means we have to submit the same documents again?

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Divorce/marriage docs needed for Set(m) app??

Post by Obie » Sun Aug 24, 2014 6:03 pm

You have to provide a divorce certificate for the partner who was previously married
Smooth seas do not make skilful sailors

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Casa
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United Kingdom

Re: Divorce/marriage docs needed for Set(m) app??

Post by Casa » Sun Aug 24, 2014 6:23 pm

The most recent bank statement should be no more than 28 days since issued.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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