SET(LR) Queries - Absence Days Authority and Documents

[Fayy]

Hello everyone,

****LONG POST ALERT BUT I PROMISE I AM FOR REAL****

First time posting, long time spectator. Thank you to every posts and posters that I've come across over the years that have given me some peace of mind one way or another. If I'm doing anything odd/incorrect, please do kindly let me know!

Long residence route has been in the back of my head for a while, had a feeling the other day that I should start crunching those absence numbers so I did and it came to 539 days over the past 9-ish years! Gave me a shock but glad that I didn't go ahead and buy those flight tickets to Japan... I guess it's only Scotland distillery tours and Snowdonia hikes from now on until further notice.

So, I've been reading the guidances, the Rules, and doing draft applications to see where I'm at, what needs prepping, etc. As a result, I have got some queries, which I will be more than grateful for some discussion of sorts!

Some details of my situation:

• First entered the UK on 2 Sept 2010. Preparing for SET LR to be filed Sept 2020. (Yes, I understand the rules might change by then so will need to keep a close eye out anyway).

• Always departed the UK whilst leave is still valid and re-entered with leave to enter/existing leave to remain.

• Had Tier 4 (Child) [A-levels], Tier 4 (General) [Uni], Another Tier 4 (General) [GDL law course], then Tier 5 YMS [GAP YAH], then now on Spouse (unmarried partner) [devoted partner, working cat-mom, and studying part time Masters] - pretty typical if you ask me.

Queries:

• Absence days: is there a Rule that says UKVI actually really only care about "whole days absence" (i.e. departure date and return date don't count) when it comes to SET LR? I read in several blog posts that this is the case. Read "Indefinite leave to remain: calculating continuous period in UK Version 18.0", which mentions "whole days absence", but also specifically mentions LR guidance is separate from this guidance. I simply cannot find the authority that supports the "whole days absence" i.r.t. LR and am extremely anxious.

• Documents: I'm surprised by how few documents are required. I did a draft application form and the documents asked for are simply passport(s), BRP, Life in the UK test cert, degree certificate for Eng language, and proof of relationship for the past 2 years. Is that really all?! I paralegal-ed for a bit before and I remember the 10-yr LR cases were always SO complicated, with binders and binders of documents giving evidence of residence for each year over the past 10 years despite meeting the absence days requirement. Was that all for naught? Were they lying to me and were just trying to get more billable hours for documents collation? Why did they tell me to stick with the firm produced document lists and guidelines and said that the Immigration Rules do not contain everything? Where is everything then if not the Rules? Why did I not rebel and become a more efficient person? I'll leave some of these questions for my therapist of course.

• Last one: following on from above, any idea why the relationship evidence is required and should I look to Appendix FMSE for reference even though the SET LR should not be judged based on the FMSE requirements? The entire point of ILR sooner instead of waiting out the 5-yrs under spouse route is such that it'll be assessed differently, it seems a bit counter-intuitive that they're then asking for relationship evidence for a non-family members route. The concern here is the standard of proof required here for the relationship/cohabitation aspect - we switched over all our joint-named bills to electronic form and essentially everything gets sent electronically to us these days. I know these are admissible but they'll always have a risk of not being accepted as they're technically not "originals" and I just don't like taking this kind of risks with applications.

Any input appreciated! Thank you so much for reading on and hopefully will hear back from some of you.

Thanks,
F

[CR001]

1. Yes only whole days are counted for the absence limit. This is separate to stating your full travel history, ie departure and arrival dates.

2. 10 year ilr has never been folders and Reems of documents. You must be confusing another route or the closed 14 years long residence which did not require legal status in the UK.

3. Not required to send relationship docs etc.

[Fayy]

Thank you for your prompt reply CR001 - really appreciate it! And thanks for the insight

On point 3 though, that is what I thought! But genuinely, I went through the SET(LR) online application just now. When it got to section 3 "Documents", it requires that I provide prove of relationship.

I figured it out though. There was a "What is your relationship status?" question, to which I declared "Unmarried Partner". When I changed that to "Single", the relationship document requirements vanished. Hmmm. This isn't very fair. I don't think I can declare "Single" though since my current leave to remain is a spouse visa. I think the risk of being criticised as being deceptive/dishonest in an application might be far greater than anything. Would you have any thoughts on this?

1. Yes only whole days are counted for the absence limit. This is separate to stating your full travel history, ie departure and arrival dates.

2. 10 year ilr has never been folders and Reema of documents. You must be confusing another route or the closed 14 years long residence which did not require legal status in the UK.

3. Not required to send relationship docs etc.

[vparikh]

I have been wondering the same as (although not on the same current leave to remain as you are and not married) I am going to apply for ILR LR soon and living with my girlfriend.

I have been advised by Zimba that relationship status doesn't have to do anything with your ILR Long residence and hence no need to submit any documents.

It is deceitful to mention 'single' and if mentioned as 'unmarried' and not submitted any documents, then a fear will exist until the day of approval (even though I believe the moderators and proof exists on the forum that people have obtained approval).

I'm yet to find a post which clear suggests that the applicant has declared himself / herself as unmarried or in marriage, haven't submitted any documents and has been granted ILR. Or may be I am not searching well enough.

[Fayy]

I haven’t found anything new the past few days either. Any takers and further insight or similar experience/knowledge?

[zimba]

I literally have to answer the same query every day here and the source of this seems to be the incorrect doc list from the online system that asks for cohabitation documents despite the fact that such requirement does NOT exist. Your relationship status is completely irrelevant under SET(LR). There is NOTHING in the immigration rules requiring you to provide evidence of your relationship as under long residence you must apply ON YOUR OWN and qualify ON YOUR OWN . Answer the questions truthfully and ignore the cohabitation docs

[Fayy]

Hello Zimba,

Thanks for your reply - appreciate the perspective! Sorry that you seem frustrated about this confusing phenomenon. Oopsies.

I've had another look into the Immigration Rules. Just for pure academic discussion purposes (or whatever one calls it), I think the relationship stuff might be related to para 276B(ii) where there are factors listed that a caseworker is required to take into account when deciding LR (or ILR for that matter) applications to ensure that the ILR is not granted against "public interest". It's stated that, for example, "strength of connections in the United Kingdom", among several other factors, should be taken into account. Family life in the UK is one of those things that will show a reasonably strong connection in the UK.

All that being said, that part of the Immigration Rules is as clear as mud. The guidance does also say "On most occasions, a person who meets the requirements for continuous lawful residence should be granted indefinite leave to remain. This is unless a grant is against the public interest." But then again, "if the applicant has not completed the necessary period of residence, they will not be able to satisfy the rules for long residence, regardless of any of the factors listed" anyway. That is literally saying "you're mostly fine if you meet the basic requirement but the Home Office might still refuse you if they really think you ain't right for ILR but hey don't sweat these might not go against you anyway"... Thanks for nothing!

All in all, I think and have decided that the relationship stuff are not completely irrelevant. It definitely does not hold much weight if the continuous lawful residence requirement has already been satisfied. However, it should function as a strengthener rather than merely drowning the caseworker in irrelevant documents that serve absolutely zero purposes (provided that one provides a reasonably appropriate amount of documents that is proportionate to the weight being apportioned to such evidence and subject to an individual's specific circumstances). That also probably means that the quality of evidence threshold here should be much lower when compared to FMSE (although I do not have authority to support this). Since I'm uncomfortable to just ignore the docs suggestions, I'm just going to print out my e-bills etc. for support and be chilled about that.

Thank you so much for your responses!!! The bouncing of ideas really really helped to come to a decision of my own that I feel comfortable with.

Please feel free to close this thread, moderators, and I'll stop bugging you guys.

Ta,
F