SET M section 8.3E confusion

[saisun99]

Hello experts,
Good day!
While i was in ILR me and my wife got married and got her spouse partner leave to remain visa using FLR M, valid until 2015. Then she changed her name and got another biomatric card with new name, valid until 10/10/2015. afterwards she got extension, valid until 28/07/2018.

Now she has completed her 5 year route in the UK and eligibile for ILR but does she need to fill SET M or SET O form. I am getting two different answers hence posting query here.

Also when she gets her ILR can she apply for british passport straight away or would have to wait for another year?
Please advise. many thanks !

[CR001]

Now she has completed her 5 year route in the UK and eligibile for ILR but does she need to fill SET M or SET O form. I am getting two different answers hence posting query here.

Set(M) if she is on a spouse visa. Set(O) would only be applicable if she has a PBS Dependent visa.

Also when she gets her ILR can she apply for british passport straight away or would have to wait for another year?

Yes, if she meets all the requirements of 3 years residence.

[saisun99]

Thank you so much for your reply but my confusion still there as when i go to Govt website :https://www.gov.uk/settle-in-the-uk
and fill the detail as :
She's family member of british citizen
and partner have settled here using work visa ( I had tier 1 (PBS))

The result come has SET O

Could you clarify once again please ? appreciate your response. many thanks

[CR001]

If she applied for a spouse visa AFTER you got ILR, then she is NOT a PBS dependent route visa holder and your previous PBS visa route is irrelevant.

If she has never held a PBS Dependent visa, an application on Set(O) will fail.

Have you missed a key bit of info in the link you provided?

Eligibility for partners
Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.

If you got your current visa as your partner’s dependant after they settled in the UK, you must apply as the partner of a settled person instead.

[saisun99]

Thank you again. Yes make sense it will be SET M. Is there any standard checklist you can direct me to please .

[saisun99]

Hi,
Could anybody please help me in understanding ab
In SET M form under SECTION 8A: FINANCIAL REQUIREMENT:-
8.3 From the list below, please indicate the financial source(s) and the amount of income you and/or your
sponsor wish to rely on to meet the minimum income threshold.

Which we fall under Category A as we both are working more than 6 months with the same employer and are earning more than £18,600 of minimum threshold but confusion is about 8.3E Cash savings whether to fill it or not as it says :

“If you cannot meet the minimum income threshold through income, you can use relevant
cash savings to enable you to do so. Relevant cash savings are those which you and/or you
sponsor hold which (i) exceed £16,000. The first £16,000 of cash savings you hold cannot be
used; (ii) have been held by you and/or your sponsor for at least 6 months prior to the date of
this application; and (iii) are held at the date of application and (iv) are under the control of and
available to be used by you and/or your sponsor. Only complete this section if your cash savings
meet all the criteria above and any further criteria set out in the guidance notes.”

So do we need to have 16k constantly in our bank account which never used at all for last 6 months ? As my account money has shuffled many times because of x number of reasons but do hold more than 16k.
Please advise. Thank you!

[CR001]

If you are NOT using savings then this part is not relevant!!

Complete the part for cat A.

[saisun99]

Many thanks sir. So we don't need to show cash savings at all - per in financial requirements - 7.1. Category D: Cash savings – requirements

[CR001]

No, not if you meet the requirement with salaries.

You only complete the section relevant to your circumstances and ignore the rest.

[saisun99]

thansk much really appreciate it. last question on
Sponsor and applicant salary slips.. do they have to be 5 years ?
I am planning to give only for last 2 years + employment history letter from HMRC covering last 5 years of employment and both of us employment letter . would that be enough ?

[CR001]

Sponsor and applicant salary slips.. do they have to be 5 years ?

No, 6 months evidence minimum up to 12 months if more than one employer.