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set(m) visa - long absence - pls help!
Posted: Wed Sep 25, 2013 1:14 pm
by chandra33
Hi,
Please could any of you help me on my set(m) form. I have been on on a PBS dependent visa from Sep 19 2011 and changed to Flr(m) from april 2012. This is valid till Apr 2014. My question is if I apply for ILR now using Set (m) form. Because of my mothers illness I have to had to go back to India many times. Each visit upto 89 days. The last 4 months I have been staying in UK continuously. So basically in the past two years I have been in the UK for 40% of the time and rest in India. However whenever I hv been in the UK I have lived with my husband - all our tenancy agreements, bills are in joint names. What do you think are my chances of being granted an ILR visa and for the question have you lived in the UK permanently with your partner do i answer yes or no? Any help will be much appreciated.
Grateful for ur help - Chandra
Posted: Wed Sep 25, 2013 1:16 pm
by Amber
Should be ok if you supply evidence of your Mother's illness and the need for you to be there as absences should be limited and for good reason. Go for a PEO and they'll be able to tell you whether they're satisfied with the application.
Posted: Wed Sep 25, 2013 2:43 pm
by chandra33
thanks a lot D4109125. There is a question in the form which asks Have you been living in the uk permanently with your partner. Do I answer yes or no to that?
These are the dates I was in/out of UK.
12/9/11 - 27/10/11 - 45 days in the Uk
27/10/11 - 20/1/12 - 85 days out of UK
20/1/12 - 3/2/12 14 days in Uk
3/2/12 - 6/4/12 63 days out of UK
6/4/12 - 25/4/12 19 days in UK
25/4/12 - 13/7/12 79 days out of UK
13/7/12 - 8/8/12 26 days in UK
8/8/12 - 6/11/12 90 days out of UK
6/11/12 - 18/12/12 42 days in UK
18/12/12 - 13/3/13 85 days out of UK
13/3/13 - 16/5/13 64 days in UK
16/5/13 - 23/6/13 38 days out of UK
From 23/6/13 in Uk till date.
Total days outside UK is 440 days.
Based on this table what do I answer to the above question of whether I lived permanently.
Also what do u think the case officer will think on my case?
Posted: Wed Sep 25, 2013 2:48 pm
by Amber
That's a lot of absences. What proof do you have re the need to be absent?
Posted: Wed Sep 25, 2013 2:58 pm
by chandra33
My mother had a heart problem - dilated cardiomyopathy. And since my father died of blood cancer in oct 2010 she hasnt been too well. So I have had to travel to look after her hospital visits etc.
Posted: Wed Sep 25, 2013 3:24 pm
by chandra33
what do u think D4109125, will the long absences count a lot against me?
Posted: Wed Sep 25, 2013 3:26 pm
by Amber
Have you a letter from the cardiologist explaining that your mother has an enlarged heart which has lead to exhaustion doing the simplest of tasks and that she needs help with personal care and that you were needed to provide this? If so, you stand a good chance.
Posted: Wed Sep 25, 2013 3:31 pm
by chandra33
hmm good point. I dont have a letter from the cardiologist, but I have the hospital report for her angio, which confirms that she has DCM and that she needs regular followups. Will that suffice?
Posted: Wed Sep 25, 2013 4:03 pm
by Amber
Get a letter from the cardiologist saying you were needed.
Posted: Wed Sep 25, 2013 4:10 pm
by chandra33
okay, Thanks a lot Guru
Posted: Wed Sep 25, 2013 4:11 pm
by chandra33
Also do u know of anybody who has applied for set(m) with long leave?
Posted: Wed Sep 25, 2013 5:42 pm
by Amber
Usually it's around 6-9 months absence due to maternity.
Posted: Wed Sep 25, 2013 6:19 pm
by chandra33
hey Amber - contacted the cardiologist and he has agreed to give me a letter. Is there a specified format that needs to be used, like does he need to address it to the UKBA or something like that? Or shd it say to Whomsoever it may concern?
Thanks a lot for all your help
Posted: Wed Sep 25, 2013 6:40 pm
by Amber
To whom it may concern seems fine.
Posted: Fri Sep 27, 2013 2:01 pm
by chandra33
Amber, I am going to book an appointment at the PEO. Do u think Solihull or Croydon will be better for me? I believe at Solihull you no longer get to meet your CW and that Solihull although very friendly doesnt have SCW. Which would you advise me to go to?
Posted: Fri Sep 27, 2013 2:02 pm
by Amber
I don't think there is much difference, but I imagine they would let you know whether it's acceptable or not at either.
Posted: Thu Oct 10, 2013 2:30 pm
by Amber
chandra33 wrote:Please if any of you have applied for set(m) with absences, could you post about your experience ?
Posted: Thu Oct 10, 2013 2:47 pm
by ryan2020
chandra33 wrote:thanks a lot D4109125. There is a question in the form which asks Have you been living in the uk permanently with your partner. Do I answer yes or no to that?
These are the dates I was in/out of UK.
12/9/11 - 27/10/11 - 45 days in the Uk
27/10/11 - 20/1/12 - 85 days out of UK
20/1/12 - 3/2/12 14 days in Uk
3/2/12 - 6/4/12 63 days out of UK
6/4/12 - 25/4/12 19 days in UK
25/4/12 - 13/7/12 79 days out of UK
13/7/12 - 8/8/12 26 days in UK
8/8/12 - 6/11/12 90 days out of UK
6/11/12 - 18/12/12 42 days in UK
18/12/12 - 13/3/13 85 days out of UK
13/3/13 - 16/5/13 64 days in UK
16/5/13 - 23/6/13 38 days out of UK
From 23/6/13 in Uk till date.
Total days outside UK is 440 days.
Based on this table what do I answer to the above question of whether I lived permanently.
Also what do u think the case officer will think on my case?
none of the absence is more than 180 days. If you check the from SET(M) you dont' t need to mentioned your days out of UK unless its more than 180 days.
so try to provide all other documents liek cohab-docs etc.
I don't think so it can a problem.
Put yes if you are living with partner offcourse when you back to UK you do live with your partner.
Posted: Thu Oct 10, 2013 2:57 pm
by chandra33
thanks a lot for your reply ryan. but theres a question which asks have you lived with your partner pemanently in the uk? do i answer yes or no to that. and if i write i would have to mention my absence. And also wouldnt they see the different stamps in the passport and find out?
ilr approved
Posted: Thu Nov 21, 2013 10:06 am
by chandra33
Hi Just wanted to update that i successfully got the Ilr yday at sheffield peo. Was a breeze.
Posted: Thu Nov 21, 2013 10:30 am
by Amber
Congratulations.
Posted: Thu Nov 21, 2013 10:52 am
by chandra33
thanks guru
your advice was very useful.
Posted: Thu Nov 21, 2013 3:08 pm
by mego_1980
D4109125 wrote:Usually it's around 6-9 months absence due to maternity.
Congratulations chandra33.
Amber,
Do you think my wife will be fine when she applies for her citizenship on 2015 as she is pregnant at the moment and she will spend some time in her home country?
Thanks
mego
Posted: Thu Nov 21, 2013 3:11 pm
by Amber
Posted: Thu Nov 21, 2013 3:34 pm
by mego_1980
Thanks Amber for your prompt reply.
I checked this link before but i was not sure if my wife will satisfy this 'Discretion on absences from the UK during the residential qualifying period'
From your huge experience , do you think she will be fine if the absent more than 90 days in last year (may be 120 days ) due to maternity ?