SET(M) ILR due in Jun-2020 - Stuck in India due to COVID

[bond.boy203]

My spouse is currently on FLR(M) dependent visa and will be due of ILR early next year. When I applied for ILR as main applicant few years ago, I vaguely remember there was a requirement for the applicant to be not away from UK for more than 90 days in the last 12 months preceding to application date.

My spouse is planning to be away for around 6 months as we recently had a child so just wondering if this will impact her application for ILR next year.
What is the maximum number of days SET(M) applicant can be away in calendar year without breaching ILR qualifying conditions. do the above mentioned 90 days rule apply for dependent visa holders as well ?

Many thanks

[CR001]

When I applied for ILR as main applicant few years ago, I vaguely remember there was a requirement for the applicant to be not away from UK for more than 90 days in the last 12 months preceding to application date.

Tier 1 General rules were completely different to FLR(M) rules. Best not to confuse them, it is not a 'one size fits all' for immigration rules.

My spouse is planning to be away for around 6 months as we recently had a child so just wondering if this will impact her application for ILR next year.
What is the maximum number of days SET(M) applicant can be away in calendar year without breaching ILR qualifying conditions. do the above mentioned 90 days rule apply for dependent visa holders as well ?

There is no absence limit for FLR(M) visa holders.

[bond.boy203]

Hi,
My partner currently is on ILR dependent visa and sheis due for ILR in Jun-2020. I have couple of questions regarding her ILR application next year. Would be of great help if someone could confirm this.


- Am i correct in assuming she need to apply for set(m) application


- when we applied for extension last time we used her full time employment salary for financial requirement. This is year she is on maternity leave and wont be receiving salary after Jan-2020. Her 12 months before application is basically Jun-2019 to Jun-2020. COnsidering she would have received the salary for Jun-19/jul-19/aug-19/sep-19/oct-19/nov-19/dec-19/Jan-20
can I show these amounts as income for her application

- if we need to show the financial requirement purely on the basis of savings money what should be the total amount we need to show in the account and how long we need to hold the balance

- She will be away for 150 days in the last 12 months prior to her ILR. Is there any time limit for dependent visa holder ILR application ?

- Also can she apply for her british citizenship as soon as she gets her ILR.

- If we dont apply via super priority service does she need to submit her passport as part of application. Looking at the timelines seems like it usually takes average of 3 months for approval. So will her passport be stuck with UKBA during this time.

[seagul]

This is year she is on maternity leave and wont be receiving salary after Jan-2020. Her 12 months before application is basically Jun-2019 to Jun-2020. COnsidering she would have received the salary for Jun-19/jul-19/aug-19/sep-19/oct-19/nov-19/dec-19/Jan-20
can I show these amounts as income for her application

If she has earned sufficiently during the last 6 months from the date when she had started her maternity leave then can meet the requirement. However, if you are working & earning sufficiently then you alone can use your income for a very straightforward case.

- if we need to show the financial requirement purely on the basis of savings money what should be the total amount we need to show in the account and how long we need to hold the balance

In that case the cash savings of £62500 must have been held in account from 6 months. For this purpose you both can combine your UK/foreign savings.

- She will be away for 150 days in the last 12 months prior to her ILR. Is there any time limit for dependent visa holder ILR application ?

There is no absence limit for spouse visa holders

- Also can she apply for her british citizenship as soon as she gets her ILR.

Yes

- If we dont apply via super priority service does she need to submit her passport as part of application. Looking at the timelines seems like it usually takes average of 3 months for approval. So will her passport be stuck with UKBA during this time.

Unlike in past now the original documents & passport is returned back to the applicant after scanning by ukvi partner at the day of biometrics. You even yourself can scan them.

[bond.boy203]

Hi,
My partner is currently on my dependent visa (I am Naturalized BC) and due to complete his 5 years on this visa in Jun-2020. she is currently stuck in India since lockdown in March. She has been out of UK from beginning of Jan and was due to come back in May but her flight is cancelled.

As I understand her long absence (Jan-2020 to Aug-2020 hoping she can return by then) shouldn't be problem considering they don't look at the 180+ absence for dependent visas. Please confirm if this is correct.

I also don't see situation improving for international flights in India before her visa expiry (15-Jun-20) and she might end up with her visa expiry in India. My kid who is British citizen is also in India stuck with her. I have written to British embassy in India multiple times without any acknowledgement.

Wondering what are my options for my wife's visa continuity without breaking her residency continuity. I understand we cannot apply for ILR being in India as she has to be in the country.

Can she at least apply for another FLR(M) extension being in India locally with VFS ?
Alternatively can HO extend her current visa until she returns to UK due to unforeseen circumstances ?
(I see they are considering this and doing extension for visitor's visa here)

Anyone been through this situation, kindly provide some information. Thanks a lot for reading.

[zimba]

All your posts are merged here and as you can see you were advised on this in 2019 !!

This is no absence limit for ILR under family route SET(M). You were also advised not to confuse the 'dependant visa' which often refers to PBS dependants visa holders NOT the people under family visa route like FLR(M)

When I applied for ILR as main applicant few years ago, I vaguely remember there was a requirement for the applicant to be not away from UK for more than 90 days in the last 12 months preceding to application date.

Tier 1 General rules were completely different to FLR(M) rules. Best not to confuse them, it is not a 'one size fits all' for immigration rules.

My spouse is planning to be away for around 6 months as we recently had a child so just wondering if this will impact her application for ILR next year.
What is the maximum number of days SET(M) applicant can be away in calendar year without breaching ILR qualifying conditions. do the above mentioned 90 days rule apply for dependent visa holders as well ?

There is no absence limit for FLR(M) visa holders.

[seagul]

As I understand her long absence (Jan-2020 to Aug-2020 hoping she can return by then) shouldn't be problem considering they don't look at the 180+ absence for dependent visas. Please confirm if this is correct.

Although there is no absence limit but evidences of cohabitation covering the last 2 years with even gaps of 3-4 months are imperatively needed. So any unnecessary and prolonged absence will certainly disrupt its production.

[bond.boy203]

Just wanted to check if you can start SET(M) online application without trinity college test ID ? My partner gave exam last Wednesday but still haven't received the outcome yet. Just trying to see if I can start the application and keep it in draft and have everything ready except English language section. is this doable or do I need to start only after he gets results ?

[zimba]

Just wanted to check if you can start SET(M) online application without trinity college test ID ? My partner gave exam last Wednesday but still haven't received the outcome yet. Just trying to see if I can start the application and keep it in draft and have everything ready except English language section. is this doable or do I need to start only after he gets results ?

Yes

[bond.boy203]

Thanks for confirming. I also notice the below two questions about listing your Family/Friends/Social groups etc. Is this really relevant for FLR(M) and Do I have to list out all family and friends in this section. Seems a bit odd to me.

[i]Are you part of any social groups or do you have Yes other cultural ties in your country of birth,
nationality or any other country where you have lived for more than 5 years?

Do you have any family in your country of birth, Yes nationality or any other country where you have
lived for more than 5 years?[/i]

[zimba]

Those are not important. Provide any answer you wish