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Set(O) online application question for 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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tomhawk
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Set(O) online application question for dependant.

Post by tomhawk » Wed Sep 05, 2018 5:31 pm

Hi All,

I have received ILR few months before and now planning to apply for my wife ( PBS Tier2 dependant - completed 5 years) using 'online application' form - https://visas-immigration.service.gov.uk/product/set-o

I am stuck with a question " List all the countries you lived - no matter how short the stay was"
and it gives field for country name, date of entry and date of exit.

I am confused if I should start the from her birth ? or from the date she got the Tier 2 general dependant visa?
Looking for your kind help.

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CR001
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Re: Set(O) online application question for dependant.

Post by CR001 » Wed Sep 05, 2018 8:26 pm

From birth, all countries lived in, i.e. not visiting as holiday.
Char (CR001 not Casa)
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Re: Set(O) online application question for dependant.

Post by tomhawk » Thu Sep 06, 2018 10:18 am

Hi,
Thanks for the reply. I am confused about the statement " no matter how short the stay was".
How should I put a visit to a country between a 'holiday' and 'lived-in' category ( the main factor was the length of stay- right?

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CR001
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Re: Set(O) online application question for dependant.

Post by CR001 » Thu Sep 06, 2018 1:21 pm

You are overthinking this.

You need to state the countries the applicant has lived in, not visited on holiday. If the applicant went to home country for 6 months maternity, this is living not visiting. If you went to Spain for a two week trip, this is a holiday not living.

There is a different part of the form for absence related to HOLIDAYS.
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break in 5 year ILR eligibility for Tier 2 pbs dependant

Post by tomhawk » Sun Sep 09, 2018 8:05 pm

Hi sir,
I have recently received my ILR based on 5 year Tier 2 (general) visa.My wife and kid is having my dependant visa.My wife went for a maternity (8 months) to India. Eventhough now she has completed 5 years in UK I am worried this 8 months gap makes her ineligible for ILR.
Requesting your help to confirm if I could apply for her ILR .

Thanks in advance.
Tom.

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Djsuccess
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Re: break in 5 year ILR eligibility for Tier 2 pbs dependant

Post by Djsuccess » Mon Sep 10, 2018 1:33 am

When did she go for the maternity leave?
When was her last visa or visa extension issued?
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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Re: Set(O) online application question for dependant.

Post by tomhawk » Mon Sep 10, 2018 2:47 pm

Thanks a lot for the replies!!!. :)

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Re: break in 5 year ILR eligibility for Tier 2 pbs dependant

Post by tomhawk » Wed Sep 12, 2018 12:19 pm

Djsuccess wrote:
Mon Sep 10, 2018 1:33 am
When did she go for the maternity leave?
When was her last visa or visa extension issued?
She went for maternity from May 2014 - Feb 2015 . Her last visa extension was on March 2016.
My kid born (outside uk) on sept 2014 - but not planning to submit his application with my wife's (just to be safe). I hope I can submit his application just after my wife gets her ILR.

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Re: Set(O) online application question for dependant.

Post by Atajoon » Thu Sep 13, 2018 9:56 pm

If she has been out of the UK more than 6 months, the period before that is not getting counted and you should count the 5 years from the tine she comes back from her maternity.

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Re: Set(O) online application question for dependant.

Post by CR001 » Thu Sep 13, 2018 10:52 pm

Atajoon wrote:
Thu Sep 13, 2018 9:56 pm
If she has been out of the UK more than 6 months, the period before that is not getting counted and you should count the 5 years from the tine she comes back from her maternity.

Nonsense. There is no absence limit for PBS Dependents before 11th January 2018. Please don't give incorrect advice.
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Re: Set(O) online application question for dependant.

Post by tomhawk » Fri Sep 14, 2018 11:08 am

Thank you for the reply.

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Re: Set(O) online application question for dependant.

Post by Atajoon » Fri Sep 14, 2018 9:14 pm

CR001 wrote:
Thu Sep 13, 2018 10:52 pm
Atajoon wrote:
Thu Sep 13, 2018 9:56 pm
If she has been out of the UK more than 6 months, the period before that is not getting counted and you should count the 5 years from the tine she comes back from her maternity.

Nonsense. There is no absence limit for PBS Dependents before 11th January 2018. Please don't give incorrect advice.
Well as your record, I got refused 2 years ago just because being outside of the UK for more than 6 months and they didn't accept my previous residency .
I hope they accept it for this client but don't call it nonsense!!!!!

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Re: Set(O) online application question for dependant.

Post by CR001 » Fri Sep 14, 2018 9:21 pm

Atajoon wrote:
Fri Sep 14, 2018 9:14 pm
CR001 wrote:
Thu Sep 13, 2018 10:52 pm
Atajoon wrote:
Thu Sep 13, 2018 9:56 pm
If she has been out of the UK more than 6 months, the period before that is not getting counted and you should count the 5 years from the tine she comes back from her maternity.

Nonsense. There is no absence limit for PBS Dependents before 11th January 2018. Please don't give incorrect advice.
Well as your record, I got refused 2 years ago just because being outside of the UK for more than 6 months and they didn't accept my previous residency .
I hope they accept it for this client but don't call it nonsense!!!!!
With no posting history on the forum about your circumstances, no one can comment and there are limited circumstances where your absence would have been an issue. But for PBS Dependent visas specifically, there is no absence limit and hasn't been in the past until the rules changed in January this year for visas issued after 11th January 2018. Rules change, I suggest you read up on it before providing incorrect advice that the immigration rules do not support or back up.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

tomhawk
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Re: Set(O) online application question for dependant.

Post by tomhawk » Sat Sep 15, 2018 9:56 am

Atajoon wrote:
Fri Sep 14, 2018 9:14 pm
CR001 wrote:
Thu Sep 13, 2018 10:52 pm
Atajoon wrote:
Thu Sep 13, 2018 9:56 pm
If she has been out of the UK more than 6 months, the period before that is not getting counted and you should count the 5 years from the tine she comes back from her maternity.

Nonsense. There is no absence limit for PBS Dependents before 11th January 2018. Please don't give incorrect advice.
Well as your record, I got refused 2 years ago just because being outside of the UK for more than 6 months and they didn't accept my previous residency .
I hope they accept it for this client but don't call it nonsense!!!!!
Hi Atajoon,

Requesting you to describe your visa status and details during the rejection. This would benefit all the members and clear the ambiguity.

Thanks,
Tom

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Re: Set(O) online application question for dependant.

Post by Atajoon » Tue Sep 18, 2018 9:07 pm

My visa started on 01/04/2012
My 1st entry was 01/08/2012
On 13/01/2014 I went out of the UK and did come back on 01/08/2015
On aug 2017 I applied for Ilr thinking I just need 2 years of living with my partner because my 1st visa was before some date in 2012.
I got refused because my residency before 01/08/2015 was bot counted and with the new law I had to live with my partner for 5 years instead of 2 years
And that I shouldn't have had absence more than 6 months.
I had to extend my tier 2 dependant instead and wait for 2 more years to be able to apply for ILR.

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Re: Set(O) online application question for dependant.

Post by Atajoon » Thu Sep 20, 2018 6:36 pm

Atajoon wrote:
Tue Sep 18, 2018 9:07 pm
My visa started on 01/04/2012
My 1st entry was 01/08/2012
On 13/01/2014 I went out of the UK and did come back on 01/08/2014
On aug 2017 I applied for Ilr thinking I just need 2 years of living with my partner because my 1st visa was before some date in 2012.
I got refused because my residency before 01/08/2015 was bot counted and with the new law I had to live with my partner for 5 years instead of 2 years
And that I shouldn't have had absence more than 6 months.
I had to extend my tier 2 dependant instead and wait for 2 more years to be able to apply for ILR.

tomhawk
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Help with application form: Declaration for child.

Post by tomhawk » Thu Nov 01, 2018 11:46 am

Hi Sir,

I am filling the Set(O) appilation for my 4 year old child. I recieved PR recently based on PBS (Tier2 general). In the 'Declaration' section i have two options:

1) I am the applicant
2) I am a representative of the applicant and have been authorised to act on their behalf and have discussed and confirmed the contents of this application with them

Since I am filling the form for my child, I am confused which option to choose.
Looking for your kind help.

Thanks,
Tom

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Re: Set(O) online application question for dependant.

Post by vinny » Thu Nov 01, 2018 1:04 pm

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.

tomhawk
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Re: Set(O) online application question for dependant.

Post by tomhawk » Fri Nov 02, 2018 3:00 pm

vinny/ CR001 Please help!!

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Re: Set(O) online application question for dependant.

Post by vinny » Sat Nov 03, 2018 6:49 am

Your child is the applicant.
SET(O) wrote:If you are under 18, your parent or guardian may sign. It is mandatory for the declaration to be signed.
I think a parent may sign where the applicant normally signs. 1).
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.

tomhawk
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Re: Set(O) online application question for dependant.

Post by tomhawk » Mon Nov 05, 2018 10:19 am

vinny wrote:
Sat Nov 03, 2018 6:49 am
Your child is the applicant.
SET(O) wrote:If you are under 18, your parent or guardian may sign. It is mandatory for the declaration to be signed.
I think a parent may sign where the applicant normally signs. 1).
Thanks a lot vinny, I was lookin for mentioned statement. I couldn't find it anywhere when appliying with online application. Thanks for confirming.

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