ILR SET (M) help with application

[kripaa]

Hi
I have a few queries about my husbands ILR application:

I couldn't locate the correct application form via the UKBA website and only your posts have helped me to identify it SET (M) - Settle in the UK as the partner of a person who is in the UK and settled here.

He has been given 33 months to stay here. After 28 days less than 2 years complete he can apply for ILR. Is this correct?

He arrived 2nd July 2014, had 3 months 3 weeks away, therefore...
October 23rd 2016 would be 2 years completed in the UK.
And on September 25th 2016 approx he can apply?

I'm sorry to go over such tiny details but I question my sanity when I spend too long looking at UK bureaucracy. They way they term things ..... For example "how long have you been living in a relationship?" .. I'm a native English speaker... it means nothing in common spoken English, and literally, makes no sense...

Also, there appears not to be financial requirements attached to this visa. However there is a section ..."provide evidence that your partner is able to adequately maintain you and any dependants in the United Kingdom without recourse to public funds."

Is it still ball marked at £18,300 ? Can it be less?
Do we need to provide the same huge pile of evidence? It looks very relaxed on the form and I can't see a guidance outlining the documents which were attached to the previous financial requirements form.

Finally, I was out of the UK (his spouse) for 9 months of his 33 month visa. We were together for 2 of those months, apart for 7 months. Frankly speaking we were on a "break" but are very much back together now. Any comments? Suggestions? We were thinking to be transparent and honest about this time. We do have evidence of extensive communication whilst apart...

Thanks to anyone who takes the time to read this post.
I have really struggled with the level of detail and pedantry in the British Bureaucracy, combined with the fact that should any single line be filled out inaccurately a £1500 application will be returned, end of....

Oh what a beautiful tolerant world we live in....

[CR001]

I couldn't locate the correct application form via the UKBA website and only your posts have helped me to identify it SET (M) - Settle in the UK as the partner of a person who is in the UK and settled here. Correct form yes, if he qualified for ILR, which he doesn't yet. That aside, the forms change and you should always check you are looking at the most recent form at the right time.

He has been given 33 months to stay here. After 28 days less than 2 years complete he can apply for ILR. Is this correct? No, he needs 5 years residence as spouse. He needs to apply for an extension shortly before his visa expires using form FLR(M) and meeting all the same requirements again as he did when he initially applied (income, language etc). Not sure where you get the 2 years from, there is no longer a two year route to ILR, this was stopped on 9th July 2012.

He arrived 2nd July 2014, had 3 months 3 weeks away, therefore... Residence is calculated from date of arrival. Why do you think it is calculated from October?
October 23rd 2016 would be 2 years completed in the UK.
And on September 25th 2016 approx he can apply? No, he needs 5 years residence. See comment above re FLR(M)

I'm sorry to go over such tiny details but I question my sanity when I spend too long looking at UK bureaucracy. They way they term things ..... For example "how long have you been living in a relationship?" .. I'm a native English speaker... it means nothing in common spoken English, and literally, makes no sense...

Also, there appears not to be financial requirements attached to this visa. However there is a section ..."provide evidence that your partner is able to adequately maintain you and any dependants in the United Kingdom without recourse to public funds."

Is it still ball marked at £18,300 ? Can it be less? It is £18,600pa and no, it cannot be less.
Do we need to provide the same huge pile of evidence? It looks very relaxed on the form and I can't see a guidance outlining the documents which were attached to the previous financial requirements form. He doesn't qualify for ILR. You need to look at FLR(M) and yes, you will need all the same documents again and proof of subsisting marriage and 2 years worth of cohabitation documents form 6 different sources spread evenly over the 2 years.

Finally, I was out of the UK (his spouse) for 9 months of his 33 month visa. We were together for 2 of those months, apart for 7 months. Frankly speaking we were on a "break" but are very much back together now. Any comments? Suggestions? We were thinking to be transparent and honest about this time. We do have evidence of extensive communication whilst apart... Look at FLR(M) page 62 at the cohabitation examples given.

Thanks to anyone who takes the time to read this post.
I have really struggled with the level of detail and pedantry in the British Bureaucracy, combined with the fact that should any single line be filled out inaccurately a £1500 application will be returned, end of....

Oh what a beautiful tolerant world we live in....

[kripaa]

Thank you for the reply

Strangely enough, we were given a letter (with no date and without a name on it) when we received his 33 month visa.

It says

"Near the end of the 33 month time, if you are still married... you can apply to stay permanently in the UK."

The letter has a few spelling mistakes, its strange, as its from UK Visas & Immigration. It was given in Delhi alongside his UK 33 month visa. But its a very poorly written letter. With some inconsistencies re. months as well ("If you waited more than 3 months after your visa was issued to travel to the UK, you may need to obtain an extension to your visa to make up with your time in the Uk to the two years" - but its a 33 months visa. No sense)

We really understood from this letter that we were on a 2 year route. It appears as such.

Confused

[vinny]

Ignore the letter.

If he applied for entry clearance on or after 9th July 2012, then he's on the 5 year route to SET(M).

[kripaa]

Yes,

We've spoken to the lawyer this morning. It is as you all say.
Was prepared for 1 more year here, now it's 4.

Extremely depressed

Thank you for your help xxx without this board we wouldn't have noticed for another 6 months