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Tier 1 to Set O and Dependant

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

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kingfahad35
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Tier 1 to Set O and Dependant

Post by kingfahad35 » Sun Dec 22, 2013 10:07 pm

I'm applying ILR from tier 1 route and filling up SET (O) Form.

Which form, my wife will fill SET(O) or set(m) ? if applying same time as me

and my child age 6 will fill separate SET(O) ? if applying same time as me

Pls help
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Amber
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Post by Amber » Sun Dec 22, 2013 11:48 pm

How long has your spouse been in the UK? A partner and child can be included on the main applicant's form subject to eligibility.
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kingfahad35
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Post by kingfahad35 » Mon Dec 23, 2013 10:55 am

Amber_ wrote:How long has your spouse been in the UK? A partner and child can be included on the main applicant's form subject to eligibility.
She is in UK since 2007 (6 years )and child born in 2008 (5 Years).
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Amber
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Post by Amber » Mon Dec 23, 2013 11:42 am

Was the child born in the UK and was your spouse a PBS dep for the last 2 years?
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vidilr
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Tier1 to ILR, dependant visa

Post by vidilr » Tue Dec 24, 2013 10:26 am

Hi Amber,

I am going to apply for ILR (currently am in Tier1 General, expires february 2014) with SET(o) form.
My wife applied for tier1 dependant on May 2013 and came to UK in june 2013, (joined me as a tier1 dependant 6 months back). She is in her 7th month of stay in the UK with me.

I need advice in selecting the correct application to extend her stay with me in the UK.
Even After going through the UKBA website, I still couldnt find the right application for her.

We both are going to apply together, am clear that for me it is SET(o) application form, and I dont know what type of application should I choose for my (tier1 general dependant) wife.
Shall I just add her name as my dependant in my SET(o) application form. OR Should I need to apply for my wife with a separate application, if so what application type it should be.

Please advice.

Your help is much appreciated.

Thanks

kingfahad35
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Location: London

Post by kingfahad35 » Tue Dec 24, 2013 4:20 pm

Amber_ wrote:Was the child born in the UK and was your spouse a PBS dep for the last 2 years?
Hi Amber Thanks for replying

my wife is with since 2007 and child born in UK in 2008.......
In 2009 I & my wife had tier 1 visa got tier 1 extension in 2012.....now in 2014 we will apply for ILR
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Post by Amber » Tue Dec 24, 2013 7:12 pm

Then you and your wife on SET(O) the child does not need anymore leave instead can register as British once either parent has ILR under section 1(3) BNA.
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kingfahad35
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Post by kingfahad35 » Tue Dec 24, 2013 9:02 pm

Amber_ wrote:Then you and your wife on SET(O) the child does not need anymore leave instead can register as British once either parent has ILR under section 1(3) BNA.
If I understood right :

I will fill SET(O) single form for myself+wife+ child......not separate forms..

and we can exclude child from SET (O) and only fill SET(O) for myself + wife.... which will not effect to child immigration status...........
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Amber
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Post by Amber » Tue Dec 24, 2013 9:18 pm

It would not affect your child's entitlement to register as British once you're granted ILR, assuming you're not needing to travel before the child is registered.
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kingfahad35
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Post by kingfahad35 » Wed Dec 25, 2013 11:31 am

Amber_ wrote:It would not affect your child's entitlement to register as British once you're granted ILR, assuming you're not needing to travel before the child is registered.
Amber many thanks again.......... any idea how long it will take child to have british nationality after I and my wife will get ILR.

2nd question :
As I already explained above my wife is with me since 2007 and got 3 extensions in b/w.........so why in SET(O) HO need cohabitation proofs.... as they already know she is my dependant since 2007 and they given spouse-dependant visa extensions to her 3 times............

3rd question :
Any clue since when HO implemented proof of cohabitation for Tier 1 to SET(O) ILR.......
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Amber
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Post by Amber » Wed Dec 25, 2013 8:58 pm

You need proof to show you have been a dep. The proof should be since the last time an extension was granted up to a max. of 2 years.

Registration usually takes 4-6 weeks.
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kingfahad35
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Post by kingfahad35 » Thu Dec 26, 2013 12:02 pm

Sorry to bother you again Amber:

I will apply ILR in mid of March 2014.

is HO lenient for cohabitation proofs......if not can they refuse and or object..

I have six or eight bills on my name

and only have bank statement and driving licence on wife name...
Just rang to Thames Water and other bill companies to ADD my wife name on bills.....but I will only get 2 month bills on joint names........

2 months bills on joint names would be sufficient to HO ???
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Amber
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Post by Amber » Thu Dec 26, 2013 3:27 pm

They're more lenient for SET(O) generally, yes.
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kingfahad35
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Post by kingfahad35 » Fri Dec 27, 2013 12:20 am

Amber_ wrote:They're more lenient for SET(O) generally, yes.
Cohabitation :
I have 3 accounts with xyz bank..... Personal , credit card and mortgage... and get 3 different statements ...... so these 3 different doc's will be consider from 1 source and or 3 different sources.



2- Can I use Driving Licence paper and card as Cohabitation proof and or no-claim discount from insurance company ?


3 - credit card statement from 2-3 different companies can be consider as Co-hab proof ?

Thx in Adv
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Amber
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Post by Amber » Fri Dec 27, 2013 8:14 am

So long as the document has name, date and address it can be used. Each different product should be classed as a different source. Insurance should be fine.
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kingfahad35
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Re: Tier 1 to Set O and Dependant

Post by kingfahad35 » Sun Dec 29, 2013 10:06 am

Guru Amaber : ?

1 Is mobile phone bill be used for co-hab proof ?

and

2 I do not have any NHS/GP letter but I manage to find 1 NHS letter on my wife name only : it is sufficient

3 I have spoken with my GP and he is happy to give me reference letter STATING "I, my wife and child names XYZ are registered with us ABC address since 2008" (no address was changed in b/w): it is sufficient to show 1 letter covering 5-6 history etc ?

Many Thx in Adv
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