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Set (M) Eligibility

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

aakkoo
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Set (M) Eligibility

Post by aakkoo » Sat Oct 03, 2015 11:05 pm

My wife entered Uk as a Point based dependent on 12 Jan 2012. I got my ILR on Long residence Basis on Feb 2014. I applied FLR (M) for my wife on march 2014. She got her FLR (M) approval in September 2015. My wife visa is for two years expiring in September 2017.

Can i apply ILR for my wife on basis of Set (m). She has been in Uk with me since Jan 2012.

Need Advice!!!
"Pray before you are Prayed upon"

vinny
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Re: Set (M) Eligibility

Post by vinny » Sun Oct 04, 2015 12:34 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

aakkoo
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Re: Set (M) Eligibility

Post by aakkoo » Sun Oct 04, 2015 11:43 am

Thanks Vinny for the prompt reply.

I will start preparing documents for the SET (M) application.

Can you please guide me, what are the documentation requirements for SET (M) Application.

Really appreciate.
"Pray before you are Prayed upon"

vinny
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Re: Set (M) Eligibility

Post by vinny » Sun Oct 04, 2015 1:25 pm

Required documents should be specified on the form.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

aakkoo
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Re: Set (M) Eligibility

Post by aakkoo » Sun Oct 04, 2015 2:19 pm

I realized I am claiming Working Tax Credit/ Child tax Credit. On the award letter my wife application is also mentioned. Will this effect on my wife application ??
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aakkoo
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Re: Set (M) Eligibility

Post by aakkoo » Sun Oct 04, 2015 2:39 pm

I realized I am claiming Working Tax Credit/ Child tax Credit. On the award letter my wife application is also mentioned. Will this effect on my wife application ??

In my B Statment it is mentioned Child Tax Credit. I am working full time.

Is there any financial requirement, like proof certain income for the last year and retain certain amount in bank account ??
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vinny
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Re: Set (M) Eligibility

Post by vinny » Sun Oct 04, 2015 2:55 pm

Jointly claiming tax credits should be okay.

Adequate maintenance and accommodation required under A280(c), 288.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

aakkoo
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Re: Set (M) Eligibility

Post by aakkoo » Sun Oct 04, 2015 4:35 pm

vinny wrote:Jointly claiming tax credits should be okay.

Adequate maintenance and accommodation required under A280(c), 288.

Thanks Vinny Once again for a detailed reply.

I got two children and wife. Claiming H benefit and tax credit.

Currently i am earning £1250 PCM and balance of £3500 in my B Statement. Will that be enough in my case. I was earning £28000/ annum before but because of job change in Aug 2015 now earning £17500/ Annum.
"Pray before you are Prayed upon"

vinny
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Re: Set (M) Eligibility

Post by vinny » Mon Oct 05, 2015 1:13 am

Have you tried doing the calculations as Amber showed?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Younaf
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FLR FP and Claiming Benefit

Post by Younaf » Mon Oct 05, 2015 11:20 am

Hello Gurus


I have pending FLR FP application, application submitted 30th July 2015. HO contacted my employer and stopped me working. I was earning enough to support my family but things are going down down and down.

My unmarried partner has ILR and her two sons are British, we have a daughter together as well. So 3 British Children and her self are entitled to claim Tax Credit and Housing Benefit.

Now question is will this effect my FLR FP app, which is under consideration?

Can I request home office to send back My partner and children's passports to send back, because I council would like to see it in case of claim.

Please let me know

aakkoo
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Re: Set (M) Eligibility

Post by aakkoo » Tue Nov 03, 2015 8:05 pm

Do i have to send the Tax Credit approval letter, Housing benefit approval letter and council tax discount letter with my wife application as well, or the bank statement is enough to show the above stated benefits coming to the account.

Just to confirm my wife is on flr(m) at the moment and not entitled for the public funds. Will the benefits effect her application.
"Pray before you are Prayed upon"

aakkoo
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Re: Set (M) Eligibility

Post by aakkoo » Thu Nov 26, 2015 3:39 pm

I am earning less then 18500/ year. Can I send Tax credit approval letter, Housing benefit approval letter, council tax discount letter and Child benefit letter with my wife application.

I am British and wife is on FLR(m). Wife came to uk on 12 Jan and I applied for flr(m) on march 2014. Is the benefits effect her application of ILR on SET (m).

Will really appreciate if someone can advice me in the right direction.
"Pray before you are Prayed upon"

aakkoo
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Re: Set (M) Eligibility

Post by aakkoo » Fri Nov 27, 2015 2:03 pm

aakkoo wrote:I am earning less then 18500/ year. Can I send Tax credit approval letter, Housing benefit approval letter, council tax discount letter and Child benefit letter with my wife application.

I am British and wife is on FLR(m). Wife came to uk on 12 Jan and I applied for flr(m) on march 2014. Is the benefits effect her application of ILR on SET (m).

Will really appreciate if someone can advice me in the right direction.
I prepared the application and stuck on above point.
"Pray before you are Prayed upon"

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Casa
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Re: Set (M) Eligibility

Post by Casa » Fri Nov 27, 2015 2:11 pm

Under what grounds have you been given a Council tax discount and when you claimed housing benefit did you tell the authorities that your wife is not permitted to claim Public funds?
(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.

aakkoo
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Posts: 181
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Pakistan

Re: Set (M) Eligibility

Post by aakkoo » Fri Nov 27, 2015 3:24 pm

Casa wrote:Under what grounds have you been given a Council tax discount and when you claimed housing benefit did you tell the authorities that your wife is not permitted to claim Public funds?
I applied for Working tax Credit and in my bank Stat it shows as Child tax credit.

I applied Online for Housing benefit and filled all the details correctly mentioning mine and wife status.

I have to confirm but I think mine and my wife name appears on the Housing benefit letter.
"Pray before you are Prayed upon"

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Casa
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Re: Set (M) Eligibility

Post by Casa » Fri Nov 27, 2015 3:40 pm

aakkoo wrote:
Casa wrote:Under what grounds have you been given a Council tax discount and when you claimed housing benefit did you tell the authorities that your wife is not permitted to claim Public funds?
I applied for Working tax Credit and in my bank Stat it shows as Child tax credit.

I applied Online for Housing benefit and filled all the details correctly mentioning mine and wife status.

I have to confirm but I think mine and my wife name appears on the Housing benefit letter.
The Housing benefit can only be calculated by disregarding your wife in the household. i.e you as a single person and your child. You will have a problem if it has been awarded as a couple + child. You haven't mentioned how you were awarded a discount on your Council tax? Hopefully you didn't claim single person discount.
(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.

aakkoo
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Joined: Tue Mar 08, 2011 7:40 pm
Pakistan

Re: Set (M) Eligibility

Post by aakkoo » Fri Nov 27, 2015 4:18 pm

Casa wrote:
aakkoo wrote:
Casa wrote:Under what grounds have you been given a Council tax discount and when you claimed housing benefit did you tell the authorities that your wife is not permitted to claim Public funds?
I applied for Working tax Credit and in my bank Stat it shows as Child tax credit.

I applied Online for Housing benefit and filled all the details correctly mentioning mine and wife status.

I have to confirm but I think mine and my wife name appears on the Housing benefit letter.
The Housing benefit can only be calculated by disregarding your wife in the household. i.e you as a single person and your child. You will have a problem if it has been awarded as a couple + child. You haven't mentioned how you were awarded a discount on your Council tax? Hopefully you didn't claim single person discount.
I will get back to you once reach home and get the correct info. One thing is confirmed there is only my name is mentioned on the Housing benefit Award letter. I am not sure is it single or couple discount of council tax I will get back to you. Thanks casa.
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Casa
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Re: Set (M) Eligibility

Post by Casa » Fri Nov 27, 2015 5:28 pm

If you find that you have claimed/been awarded any discount on your Council tax payments, you should check through the list to confirm whether you qualify or need to re-pay the discounted amounts before your wife applies for ILR.

Certain people will not be counted when looking at the number of adult residents in a property if they meet certain conditions:

full time students, student nurses, apprentices and youth training trainees, and initial teacher training
patients resident in hospital
people who are being looked after in care homes
people who are severely mentally impaired
people staying in certain hostels or night shelters
18 to 19 year olds who are at or have just left school
care workers working for low pay, usually for charities
people caring for someone with a disability who is not a a spouse, partner or child under 18
members of visiting forces and certain international institutions
members of religious communities (monks and nuns)
people in prison (except those in prison for non payment of Council Tax or a fine)
diplomats and members of international organisations headquartered in the UK, and their non British spouses
(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.

aakkoo
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Re: Set (M) Eligibility

Post by aakkoo » Sat Nov 28, 2015 1:57 pm

I checked the HB and CT award letter and it has mentioned:

For You (and your partner where applicable) see the attached pics.

So not sure does it includes my wife in the discount or just me.

Image

Image
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Casa
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Re: Set (M) Eligibility

Post by Casa » Sat Nov 28, 2015 2:00 pm

Without seeing all of the text it's impossible to say.
(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.

aakkoo
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Re: Set (M) Eligibility

Post by aakkoo » Sat Nov 28, 2015 3:17 pm

Casa wrote:Without seeing all of the text it's impossible to say.
I didnt realize the image is reduced in the earlier post.

Image

Image
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Casa
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Re: Set (M) Eligibility

Post by Casa » Sat Nov 28, 2015 3:44 pm

It would be wise to check with the Council whether they have included your wife in the allowance for Housing Benefit and Council Tax Support.
(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.

aakkoo
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Pakistan

Re: Set (M) Eligibility

Post by aakkoo » Sat Nov 28, 2015 4:09 pm

Casa wrote:It would be wise to check with the Council whether they have included your wife in the allowance for Housing Benefit and Council Tax Support.
Wanted to confirm my wife should not be receiving either HB and CT. if she has received HB or CT i can withdraw her name and pay the excess.

Secondly as i am earning less than 18600 per i can include my HB , CT, tax credit award letter with my wife set m application.
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Casa
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Re: Set (M) Eligibility

Post by Casa » Sat Nov 28, 2015 4:51 pm

aakkoo wrote:
Casa wrote:It would be wise to check with the Council whether they have included your wife in the allowance for Housing Benefit and Council Tax Support.
Wanted to confirm my wife should not be receiving either HB and CT. if she has received HB or CT i can withdraw her name and pay the excess.

Secondly as i am earning less than 18600 per i can include my HB , CT, tax credit award letter with my wife set m application.
I understand that you are applying under 'adequate maintenance' (pre-July 2012 rules) rather than the £18,600 minimum income level. You can include HB and CT in your calculation, but if you had clicked on Vinny's link you will see that you need to show:
£266.10 per week/£1153.10 per calendar month left over after deducting rent/mortgage and council tax.

Are you able to do that?
(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.

aakkoo
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Posts: 181
Joined: Tue Mar 08, 2011 7:40 pm
Pakistan

Re: Set (M) Eligibility

Post by aakkoo » Sat Nov 28, 2015 5:19 pm

Casa wrote:
aakkoo wrote:
Casa wrote:It would be wise to check with the Council whether they have included your wife in the allowance for Housing Benefit and Council Tax Support.
Wanted to confirm my wife should not be receiving either HB and CT. if she has received HB or CT i can withdraw her name and pay the excess.

Secondly as i am earning less than 18600 per i can include my HB , CT, tax credit award letter with my wife set m application.
I understand that you are applying under 'adequate maintenance' (pre-July 2012 rules) rather than the £18,600 minimum income level. You can include HB and CT in your calculation, but if you had clicked on Vinny's link you will see that you need to show:
£266.10 per week/£1153.10 per calendar month left over after deducting rent/mortgage and council tax.




Are you able to do that?
I am earning 1234.34 monthly, my rent is 525 monthly, council tax 90.

If I deduct 525 rent and 90 CT from 1234.34 , then the income goes below 1153.10 . So I think I have to show HB and CT calculation????

Secondly Wanted to confirm my wife should not be receiving either HB and CT. if she has received HB or CT i can withdraw her name and pay the excess?????

Sorry for being pain in a**, but want to make sure every point before submitting.
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