ILR Eligibility & 6 items of correspondence confusion

[mysara81]

Hi,

I have two questions about applying ILR under spouse visa SET(M).

Firstly, when exactly do we become eligible to apply for ILR? I've read somewhere that it is at least 28 days prior to reaching 5 years residence. I've also read in other places where it says it has to be at least 28 days prior to expiry of the current visa. Which one is correct really?

The reason I ask is because my wife first entered UK on spouse visa in December 2015, applied for extension in August 2018 and then granted an extension on October 2018, which gives her current visa to last until April 2021. However she will have already completed her 5 year residence in Dec 2020. She has 4 months gap between her actual 5-year residence and her visa expiry, and its really confusing if we can apply for ILR soon enough or do we have to wait until closer to the visa expiry.

Now I have a feeling that the 5 year residence is the main eligibility, regardless of when the current visa expire. If my assumption is correct, now comes my other question.

The second question relates to the 6 items of correspondence. What is the actual rule for this? Is it strictly evidence of cohabitation for 2.5 years prior to application, or is it evidence of cohabitation since the last grant of visa extension? Again because we are planning to submit ILR application early, going by the 2.5 years rule will actually overlap 4 months prior to the last grant of leave. If we go by the second rule (from last grant of visa), then it will be less than 2.5 years, because she hit the 5 year residence early. We want to make sure that we get the spread of items correct.

Can someone clarify on these two questions please?

Thanks a lot!

[CULLINAN]

She can apply for SET(M) when she completes 60 months minus 28 days from the date she ENTERED UK.

Cohabitation documents are needed for the last 2 years from the date of application. You need 3/4 different sources (ideally in joint names, otherwise top it up with solo names but same address) spread evenly during last 2 years i.e. every 3-4 months.

[mysara81]

Thanks for your response. So it seems I was right in thinking she can apply as soon as she hit 5 years (minus 28 days) regardless of when the visa expire.

However, form SET(M) specifically stated the cohabitation document to be from the last 2.5 years (not 2 years), but also in some areas it says the evidence should proof cohabitation "since the last grant of leave". So which rule takes precedence? 2.5 years or "since last grant of leave"? The difference is quite significant in terms of the number of months and we worry we might not meet the requirement due to missed evidence or not spreading the documents correctly.

[CR001]

It is the last two years evidence only.

[mysara81]

She can apply for SET(M) when she completes 60 months minus 28 days from the date she ENTERED UK.

Cohabitation documents are needed for the last 2 years from the date of application. You need 3/4 different sources (ideally in joint names, otherwise top it up with solo names but same address) spread evenly during last 2 years i.e. every 3-4 months.

I currently have the following documents, is this ok? I'm planning to submit sometime in first half of December, will it be ok that the correspondence doc ends in Nov instead of Dec?

[Nov 2018]
Council Tax - joined names (6th Nov 2018)

[Mar 2019]
Water Bill - joined names (3rd Mar 2019)

[Aug 2019]
Council Tax - joined names (9th Aug 2019)

[Jan 2020]
HSBC Bank Statement - Applicant (18th Jan 2020)
HSBC Bank Statement - Spouse (4th Jan 2020)

[Jun 2020]
HSBC Bank Statement - Applicant (18 Jun 2020)
Electricity/Gas Bill - Spouse (15 Jun 2020)

[Nov 2020]
HSBC Bank Statement - Applicant - (18 Nov 2020)
HSBC Statement of Fees - Spouse (8 Nov 2020)

Also, I want to reiterate again the document checklist provided online specifically said the correspondence evidence is to cover the last "2.5" years, but the evidence I'm supplying only cover the last 2 years as you have confirmed that only 2 years prior to application is needed.

Thanks

[CULLINAN]

You should add something between Jan 2020 and June 2020. You should have documents each quarter.

[mysara81]

You should add something between Jan 2020 and June 2020. You should have documents each quarter.

I don't understand, why did you specifically pointed out Jan-June 2020 (5 months)? The gap is the same as all the other ones eg Mar-Aug 2019 (5 months), Aug-2019 - Jan 2020 (5 months), Jun-Nov 2020 (5 months)?

Also, is it ok that the end of correspondence is Nov, even tho I'll be submitting in Dec? This is because I don't think there will be any letters between now and when I plan to submit the application.

[CULLINAN]

Ideally you should submit documents for each quarter. The date is counted 2 years backwards from date of application. This is a general rule of thumb. However, I have seen successful applications, some with more and some with lesser documents also.

[mysara81]

Can I ask if online bank statements are accepted in this climate? I was told that HSBC doesn't stamp or sign printed statements anyway.

[CULLINAN]

Can I ask if online bank statements are accepted in this climate? I was told that HSBC doesn't stamp or sign printed statements anyway.

Yes

[mysara81]

Can I ask if online bank statements are accepted in this climate? I was told that HSBC doesn't stamp or sign printed statements anyway.

Yes

And I can use the online bank statement as part of the "correspondence letters"? (as opposed to using it for the financial requirement)

[CULLINAN]

Can I ask if online bank statements are accepted in this climate? I was told that HSBC doesn't stamp or sign printed statements anyway.

Yes

And I can use the online bank statement as part of the "correspondence letters"? (as opposed to using it for the financial requirement)

Why not.

[seagul]

Can I ask if online bank statements are accepted in this climate

Before relying on an online bank statement get that checked thoroughly of its not being marked pacifically as "online copy" at anywhere. That has been opined to several members and who adhered that to.

[mysara81]

Why not.

Thanks. I just had to double check as I was thinking the items of correspondence proves that applicant and spouse have been living at the same address, and may require physical mail in as proof of the stay being able to receive physical letters. Obviously downloading it online can be done simply anywhere and might negate the intention of asking for these correspondence.

However, just glad to hear that online statements are accepted these days tho, makes life so much easier.

And thanks seagul for the tips on checking that it is not marked as "online copy" anywhere, will make sure of that.

[CULLINAN]

Since the inception of online system in Nov 2018. All evidence can be originals or copies. So it should not be an issue. Everything is digital these days. Although some places the guidance is still not updated, but all online evidence is acceptable.

[mysara81]

I have another question with regards to the monthly housing cost evidence. There's a mortgage on the house but the monthly payment has just recently changed in Nov because the interest rate has changed. Will the payment change notice letter showing the new monthly cost from the bank enough as evidence or do we still need to submit the original mortgage agreement as well (with different monthly payment rate)?

[CULLINAN]

I have another question with regards to the monthly housing cost evidence. There's a mortgage on the house but the monthly payment has just recently changed in Nov because the interest rate has changed. Will the payment change notice letter showing the new monthly cost from the bank enough as evidence or do we still need to submit the original mortgage agreement as well (with different monthly payment rate)?

Any should be okay. Some people do not even have a mortgage. For example they own the house. So they provide a land registry. This is a pre-set checklist when you tick box.
As long you can provide the mortgage agreement or official letter showing the payments it will be sufficient as evidence. You can submit both also or the current rate.

[seagul]

I have another question with regards to the monthly housing cost evidence. There's a mortgage on the house but the monthly payment has just recently changed in Nov because the interest rate has changed. Will the payment change notice letter showing the new monthly cost from the bank enough as evidence or do we still need to submit the original mortgage agreement as well (with different monthly payment rate)?

That question can be replied in any convenient way because in my view due to the application form covers wider range of scenarios, so this question is more likely pertinent to those who rely on adequate maintenance.

[mysara81]

Hi all,

I have just submitted my online application today (5th Dec 2020), and now preparing to upload my scanned documents on UKVCAS website. I'd be glad if someone can check over and confirm if the below documents are sufficient for SET(M)? Also, at the bottom I am listing the documents that have not been asked for on the online form or the checklist, but wonder if they should be submitted anyway, so would appreciate an advice.

Mandatory documents
1. The passport issued by <COUNTRY> for Ms <APPLICANT>

• Uploaded my current passport - all pages scanned, including front and back covers and blank pages

2. Declaration signed by partner

• Uploaded the signed declaration dated the same day as application

Other documents
3. A signed contract of employment

• Uploaded the contract of employment signed on August 2015

4. Personal bank statements corresponding to the same period(s) as the payslips

• Uploaded 6 months bank statements from June - Nov 2020

5. 6 letters and/or other documents addressed to you and your partner at the same address to show that you have been living together during the past 2.5 years

• Uploaded all 6 items of correspondence documents from Nov 2018 - Nov 2020 (covering a period of two years from application date, instead of 2.5 years. Still a little unsure about this part but this is what I have prepared based on comments by other group members). Each items have a gap of 5 months each . I've listed the items previously above (posting.php?mode=reply&f=44&t=308410#pr1965521)

6. Evidence of council tax costs for the accomodation in the UK where you live or will live

• Uploaded the latest council tax bill from March 2020

7. Evidence of Mr <PARTNER> settled status in the UK

• Uploaded partner's BRP card showing ILR - do I also need to upload his passport?

8. A letter from the employer(s) who issued the payslips confirming employment, salary, etc

• Uploaded the letter signed by the company Director - I think this will be fine as it uses the same template as when I applied for spouse visa extension

9. A P60 for the relevant period(s) of employment relied upon

• Uploaded a P60 dated 5th April 2020

10. Current Biometric Residence Permit for <APPLICANT>

• Uploaded my current BRP scanned front and back

11. All previous passports, travel documents or national identity cards that you have used to travel to or remain in UK

• Uploaded my previous passport which also showed the first entry to UK, scanned from cover to cover, including all blank pages

12. Payslips covering a period of 6 months prior to the date of application

• Uploaded the payslips from June - Nov 2020, signed by the company Director

13. Evidence of monthly housing costs for the accomodation in the UK where you live or will live

• Uploaded mortgage payment notice showing the most up to date monthly payment required by Barclays

---

The above are the only ones listed on the checklist. Should I also upload any of the documents below?

• Partner's Current Passport

• Life in UK Test Pass Letter

• Trinity College B1 Certificate

• Marriage Certificate (including translations)

• National Identity Card

Many of these were asked to be submitted on the previous spouse visa extension but are not asked this time, so would just need a confirmation.

Are there any other documents that I have missed?

Many thanks!

[seagul]

The above are the only ones listed on the checklist. Should I also upload any of the documents below?

• Partner's Current Passport

• Life in UK Test Pass Letter

• Trinity College B1 Certificate

• Marriage Certificate (including translations)

• National Identity Card

Many of these were asked to be submitted on the previous spouse visa extension but are not asked this time, so would just need a confirmation.

Are there any other documents that I have missed?

Many thanks!

Except National identity card attach all of above despite not being asked in application form and checklist. Regarding your previous question simply attach everything same which you had attached in your last flrm extension with the new addition of liuk test & B1 test.

[AP001]

Hi,

I have two questions about applying ILR under spouse visa SET(M).

Firstly, when exactly do we become eligible to apply for ILR? I've read somewhere that it is at least 28 days prior to reaching 5 years residence. I've also read in other places where it says it has to be at least 28 days prior to expiry of the current visa. Which one is correct really?

The reason I ask is because my wife first entered UK on spouse visa in December 2015, applied for extension in August 2018 and then granted an extension on October 2018, which gives her current visa to last until April 2021. However she will have already completed her 5 year residence in Dec 2020. She has 4 months gap between her actual 5-year residence and her visa expiry, and its really confusing if we can apply for ILR soon enough or do we have to wait until closer to the visa expiry.

Now I have a feeling that the 5 year residence is the main eligibility, regardless of when the current visa expire. If my assumption is correct, now comes my other question.

The second question relates to the 6 items of correspondence. What is the actual rule for this? Is it strictly evidence of cohabitation for 2.5 years prior to application, or is it evidence of cohabitation since the last grant of visa extension? Again because we are planning to submit ILR application early, going by the 2.5 years rule will actually overlap 4 months prior to the last grant of leave. If we go by the second rule (from last grant of visa), then it will be less than 2.5 years, because she hit the 5 year residence early. We want to make sure that we get the spread of items correct.

Can someone clarify on these two questions please?

Thanks a lot!

Hi, mysara81
I'm in same situation .please post Home office decision .
Thanks

[AmazonianX]

Hi,

I have two questions about applying ILR under spouse visa SET(M).

Firstly, when exactly do we become eligible to apply for ILR? I've read somewhere that it is at least 28 days prior to reaching 5 years residence. I've also read in other places where it says it has to be at least 28 days prior to expiry of the current visa. Which one is correct really?

The reason I ask is because my wife first entered UK on spouse visa in December 2015, applied for extension in August 2018 and then granted an extension on October 2018, which gives her current visa to last until April 2021. However she will have already completed her 5 year residence in Dec 2020. She has 4 months gap between her actual 5-year residence and her visa expiry, and its really confusing if we can apply for ILR soon enough or do we have to wait until closer to the visa expiry.

Now I have a feeling that the 5 year residence is the main eligibility, regardless of when the current visa expire. If my assumption is correct, now comes my other question.

The second question relates to the 6 items of correspondence. What is the actual rule for this? Is it strictly evidence of cohabitation for 2.5 years prior to application, or is it evidence of cohabitation since the last grant of visa extension? Again because we are planning to submit ILR application early, going by the 2.5 years rule will actually overlap 4 months prior to the last grant of leave. If we go by the second rule (from last grant of visa), then it will be less than 2.5 years, because she hit the 5 year residence early. We want to make sure that we get the spread of items correct.

Can someone clarify on these two questions please?

Thanks a lot!

Hi, mysara81
I'm in same situation .please post Home office decision .
Thanks

Home Office decision on what? If in same situation then the opinions and responses he got on above enquiry quoted by you will apply to you, read them.
You should also try keep to your thread or create one.