ILR application question

[adivk]

Hi

I'm on a Tier2 dependent visa and is due to expire on 17th Feb. I'm going to apply for ILR as I completed 5 years in UK. My wife got her ILR in 2015 and I came to UK in 2014.

I'm working full time and filled up the form except one question stopped me. And the question is
"Have you previously been married or in a civil partnership? "

I was a divorcee before and got married again in 2013 and came to UK in 2014 as a dependent on my Wife's Tier2 visa. Now I'm applying for ILR this week. My question is should I have to say YES to the above question?

Please advice and many thanks in advance.

Kind Regards
AK

[CR001]

Which form are you filling in, SET O or SET M??

Did your wife get ILR on tier 2 basis or long residence basis?

[CR001]

Ignore my seco d question. Your previous posts suggest she got ILR based on tier 2.

You could have also applied for ILR in December already, within 28 days before your initial visa start date.

[adivk]

Hi

Thanks for the reply. Someone suggested to complete the 5 years and then apply for ILR.

ANyways, now is the time for me to apply. I'm applying Set(M) as per the questions answered in Visa and Immigration portal. Is this correct? Please advice. Also the what should i answer for the previous marriage question.

Thanks & Regards
AK

[CR001]

You don't qualify to apply in form Set M if you hold a PBS dependent visa. It will be refused if you proceed.

You must apply on form Set O for 5 years as pbs dependent.

[adivk]

Hi

Thanks for the reply. Now I'm completely confused.

When I checked the eligibility from this link (https://www.gov.uk/settle-in-the-uk), it leads me to Set M. In the eligibility page, I selected "You're the family member or partner of someone who has settled in the UK", then selected "On a work Visa", then selected "Atier1, tier 2 or tier 5 visa", then the result says "You can apply as the partner or child of a tier 1, 2 or 5 visa-holder who has settled in the UK".

I just checked the Set O form and it's not asking many documents regarding the financial things like payslips, bank statements, employer letter, etc. Can you please clarify.

Regards
AK

[CR001]

Thanks for the reply. Now I'm completely confused.

Why is that?? If you have held a Tier 2 Dependent or PBS Dependent visa for 5 years, you can ONLY apply on form SET(O), nothing confusing about this.

When I checked the eligibility from this link (https://www.gov.uk/settle-in-the-uk), it leads me to Set M. In the eligibility page, I selected "You're the family member or partner of someone who has settled in the UK", then selected "On a work Visa", then selected "Atier1, tier 2 or tier 5 visa", then the result says "You can apply as the partner or child of a tier 1, 2 or 5 visa-holder who has settled in the UK".

So where did you conclude that you qualify on form SET(M) then??

I just checked the Set O form and it's not asking many documents regarding the financial things like payslips, bank statements, employer letter, etc. Can you please clarify.

Because there is NO such requirement.

[adivk]

Hi CR001

So where did you conclude that you qualify on form SET(M) then?? -> AFter the eligibility check, when I click on the link to apply online, it is taking me to all the details to fill up and when I save the application, It is showing as Set M. That's the reason I'm confused.

If I have to fill up Set O, then, can you please confirm the documents that I should submit other than the one mentioned in the form.

And what is the evidence to provide for immigration status in UK?

Thanks & Regards

[CR001]

So where did you conclude that you qualify on form SET(M) then?? -> AFter the eligibility check, when I click on the link to apply online, it is taking me to all the details to fill up and when I save the application, It is showing as Set M. That's the reason I'm confused.

I got Set(O) from the link you mentioned. Are you sure you did not click on the 'apply as the partner of a settled person instead' rather than scrolling down to the correct link (below)?

https://visas-immigration.service.gov.uk/product/set-o

If I have to fill up Set O, then, can you please confirm the documents that I should submit other than the one mentioned in the form.

You need to submit what the form states, including English, LUIK, proof of cohabitation and subsisting relationship etc.

And what is the evidence to provide for immigration status in UK?

Your BRP card of your CURRENT visa.

[adivk]

Hi CR001

Thanks for the clarification. I did click the correct link in How to Apply section and after logging in, it takes me to Set M form. I only came to know that it is Set M form only after saving it. However, as you advised, I'll now fill up the Set O form.

A couple of questions though, just googled online about the paper form of Set O and is quite big (78 Pages) but the online form is very small. And in the form, there are no questions on the relationship or about the partner. I'll attach all the documents (My pay slips, bank statements, employer letter, etc) that i gathered for Set M. Additionally what documents i can submit for the proof of subsisting relationship? we have a mortgage agreement on both of our names. will that be enough? Please advice.

Also there's a declaration for the PART 3: Consent for the Home Office to verify information from third party sponsor. I'm full time working and she no more support me financially. Can i ignore this part 3 page from the declaration?

Kind Regards

AK

[CR001]

A couple of questions though, just googled online about the paper form of Set O and is quite big (78 Pages) but the online form is very small. And in the form, there are no questions on the relationship or about the partner. I'll attach all the documents (My pay slips, bank statements, employer letter, etc) that i gathered for Set M. Additionally what documents i can submit for the proof of subsisting relationship? we have a mortgage agreement on both of our names. will that be enough? Please advice.

Employer letter is NOT required. You do not have to submit all the same documents as SET(M). You are applying under completely different rules to those who apply on SET(M). Just forget about the docs for set m and focus only on what Set O says. There is no financial requirement on Set O. You need 2 years proof of cohabitation documents (mortgage agreement/statements, council tax, utilities, NHS letter, HMRC letters etc etc).

Also there's a declaration for the PART 3: Consent for the Home Office to verify information from third party sponsor. I'm full time working and she no more support me financially. Can i ignore this part 3 page from the declaration?

Irrelevant to your circumstances.

[adivk]

Hi CR001

Many thanks for the help and clarification.

Kind Regards

[adivk]

Hi CR001

Hope you are well. As advised I applied on SET O online and submitted the documents with the new service (super priority) with sopra-steria. Today I received an email from Decision Maker as below.

Further to your application, we need further evidence to complete the case. As evidence that you meet the English Language requirement, you have supplied an IELTS certificate dated 21/09/2013. As you have not previously been granted leave on the basis of this certificate and as it is over 2 years old, it does not meet the requirements of the immigration rules. Therefore please could you supply an up to date English Language test certificate in the next 10 days. If not we will have to make a decision based on the existing evidence.

Can you please advice what to do and how to proceed?

Kind Regards
AK

[CULLINAN]

You are lucky HO has given you a chance rather refusing your application, you should have read the english requirements before your application.
Take your test asap tomorrow or day after and send the proof within 10 days.

https://www.trinitycollege.com/site/?id=3220

[bizman]

You need to let them know you are taking the English language test immediately and ensure you send it before the 10days expiration. I hope you get an appointment immediately

[adivk]

Thanks for the advice guys. Appreciate it.

I booked the test GESE Level5 (B1) for 21st at Birmingham and replied to Home Office about it.

Will update you on the outcome.

Regards
AK

[bizman]

Great.