SET (O) Section 5

[Amelia W]

I'm an Australian citizen living and working in the UK since April 2013 on an ancestry visa. I married a British citizen in 2014. Coming up to the 5 year duration of my ancestry visa, I am trying to work out whether I have to apply for ILR first and have this approved before applying for citizenship or if there is a way that I can apply for both at the same time? I have read there is no specified time I have to have ILR before applying for citizenship?

[secret.simon]

You do have to apply for ILR first.

Once you get ILR, you can apply immediately for citizenship as the spouse of a British citizen, providing you meet the absence and other requirements.

[Amelia W]

Hi, I am currently on an ancestry visa and will be applying for ILR in March 2018. I am also married to a British citizen. I am wondering what route I need to go through to apply for ILR - would it be through my UK ancestry or as the spouse of a British citizen? I am thinking it would be via ancestry as I am not on a spouse visa but wanted to be sure before I start completing the form! Thanks

[Casa]

Via Ancestry.

[Amelia W]

Thank you!

[CR001]

And form SET(O) just for clarity.

See the link below for useful information and subsequent succes, of another member who applied via Ancestry route.

indefinite-leave-to-remain/ancestry-vis ... 84361.html

On the plus side, you can of course apply for citizenship as soon as you have ILR, if you meet the 3 year spouse of BC requirements.

[Amelia W]

Thank you. I’ve been looking at the set (o) form and boards on this topic. I can’t find anywhere in the form where it asks for birth certificates proving ancestry (required for the original visa). I am wondering if they have taken out this requirement recently? I see they updated the form in Oct 2017..

[Amelia W]

Hi,

I am currently applying for ILR after living in the UK on an ancestry visa for almost 5 years and have a few questions about the SET (O) form for this category:

1) I have read other threads on this forum about this application and note that people have been providing proof of ancestry with birth certificates. However, I can’t find this birth certificate requirement anywhere in the form and am wondering if this evidence requirement has been removed? The form was updated in Oct 2017.

2) I have 101 days of absence during my 5 years in the UK that were all holidays (not work related absences). Do I still need a letter from my employer for these absences?

3) my passport is in my maiden name but I got married and took on my husbands name in 2014 and this is now on my bank statements, payslips etc. Should I put my maiden name down on the application (given this is on my passport) and provide my marriage certificate with a cover letter explaining the name difference on other documents?

4) I am from an English speaking country (Australia) so am I write in saying I don’t need to provide a copy of my degree to fulfil the English speaking requirement?

Thanks!

[CR001]

1. If you read through the link I have already provided, I believe the user did not submit birth certs.

2. No issue. My understanding is that Ancestry ILR applicants do not need a letter. Again, read through the link to see what the user submitted.

3. No need to explain. Your ILR will likely be granted in the same name as your passport.

4. You do not need to meet the English requirement as an Australian. You only need LIUK.

[Amelia W]

Thanks for clarifying. Re the birth certificates, I read the link you had previously sent and it seems like other people were sending birth certificates with the application? I am confused as nowhere on this version of the form is asking for this so I hope I’m not missing something..

[CR001]

The requirement is that you need to meet all the same things for ILR.

If you apply in person for ILR and they don't want to see them then fine but if you don't take them and they ask for them, you will have a problem.

[Amelia W]

Okay I just wanted to be sure before going through the difficult task of obtaining the certificates and think it’s strange that they wouldn’t make this clear on the form, especially if it’s important. I guess I was hoping they had removed this requirement! I’m applying by post

[CR001]

Which birth certificates don't you have, UK or from abroad?

[Amelia W]

Both - have to get one from Scotland and one from Aus

[CR001]

The gro.gov website sends them out within a week for UK birth records.

Is it a parent's birth cert from Australia you need?

You could probably use a good qualify PDF one from Aus and explain the circumstances, if it is the same one you used in your initial application.

[Amelia W]

Ah okay I thought I needed to go via the NRS website for the birth certificate from Scotland, I'll have a look at the gro.gov. Yes I need a parents birth certificate from Aus, I'll do what I can to get it sent over otherwise PDF might be my best option. Thank you!

[Amelia W]

Hi, I have some questions relating to 5.2 and 5.4 in the SET (O) form:

5.2 'Do you or your partner, or both, pay any rent or mortgage for your home? If so, how much do you pay each month?'
5.4 'Does a relative or friend of you or your partner, or both of you, regularly give you money?

I am married and we pay equal share for the rent. Does this mean that for 5.2 I specify the full amount of rent for the property and answer 'yes' for 5.4 as my husband pays his half of this rent? It seems odd as he doesn't 'give me money', it is simply a case of jointly paying for the rent?