ILR (SET M) - Docs Checklist - "Having gap in stay in UK" for about 10.5 months in last 2.5 years

[KVP]

Hi,

Hope you are all well.

Background:
a) I have ILR.
b) My family (Wife + 1 child aged 6) first entry in UK was 20-Sep-2016 visa Family Spouse Visa.
c) Their visa were extended (FLR M) for another 2.5 years
c) Their current BRPs expire at 10-Feb-2022

I am going to apply ILR (SET M- via Family 5 year route) for my family (Wife + 1 dependent child aged 6)

I have filled up the application form, however I would like to put up a checklist in this forum, to request your kind review to find If I am missing or overloading anything in the application since we have unusual gap about 10.5 months in Stay in UK in last 2.5 years as a whole family. I understand that "SET-M Family route" do not have rule for Gap in stay, however I have read somewhere that extended stay in abroad cause problems. As said above, We, as a whole family stayed away from UK during this gap.

A) Mandatory docs:
Passports, Current BRP, for all of us, Declaration, etc.,

B) Other Docs:

1) Birth certificate for Child

2) B1 English Test certificate which was taken more than 2 years ago at IELTS SELT Consortium, British Council SCCB Birmingham, in Dec 2018. However it was used in previous FLR M extension application, and that application was successful.

3) BRP of partner (my ILR)

4) Financial requirement: We have chosen Category D. We have Last 6 months bank statements showing Minimum amount $40,000 maintained throughout 6 months (Last statement is Dated 28-Oct-2021)

5) Council tax bill for current property
6) Declaration for above source of cash savings

7) Tenancy agreement for our current 2 BHK home:
- Initial AST (which is now expired) and
- A letter from Landlord saying we have Monthly Rolling contract (Dated 02-Nov-2021)

8.) Cohabitation Docs for last 2.5 years:

8.1) Current property (Oct 2020 to Now): More than 12 letters for current property since Oct 2020, addressed to Both or Individual names
8.2) Gap in stay (Nov 2019 to Sep 2020): We do not have any letters except Bank statement which was addressed to Previous address, however we cannot attach these as we all stayed in India during this period
8.3) Previous property (Jun 2019 to Oct 2019): 2 letters addressed to mine, 2 bank statement addressed to my wife name.

9) Wife has passed Life in UK test. I will download a copy and attach it.

Additional Docs for Gap in Stay:

- We have ended previous tenancy agreement and traveled to India. Our plan was to find a new home when we come back after 4 or 5 months. So we did not have a UK home address (or the letters) during this period.

However, to support our ties with UK, I have decided to attach following (X) and (Y) docs.

(X):
I have decided to attach following India documents to iterate that the travel was meant for Short term vising Family & Friends. However due to Coronavirus lockdown problems, the stay was extended for 10.5 months.
X.1) Training course certificate taken by my wife
X.2) Three different hospital bills, receipts for Child's hospital visits during Dec 2019 to Jan 2019 (Our child was ill for about 3 months periodically), during this time he was also hospitalized as inpatient at a hospital. The main cause was severe, continuous stomach pain + high fever. This was main reason we extended our holiday for another month or so.
- Above two docs were dated between Dec 2019 to Feb 2020 (For 4 months), when we intended to travel at the end of 5th month, we got stuck into Coronavirus lockdown problems, which continued for another 6 months

(Y):
I have decided to attach following UK related documents during this gap period. This is to iterate we have not intended to vacate UK entirely.
Y.1) Self tax assessment, SA 302 Tax calculation for last 2 years for both of us. (We have private limited company in UK, through which we have drawn salary every month, paid NI etc, during this gap)
Y.2) V5C doc for my car (car was parked at friends house)
Y.3) Company related docs like Vat registration, Company incorporation certificate, etc,.
Y.4) Self storage bill on my name (This is where we have stored our household items during this gap)

Many thanks in advance.

[zimba]

Immigration rules are clear. What others say is irrelevant. Long absences from the UK under the family route have NO effect on ILR as the family route has no absence limit. Do not make assumptions and do not supply mountains of unnecessary documents. The documentary evidence is almost the same as FLR(M)

[KVP]

Thanks Zimba for the reply. After a brief search, I found the relevant content on page 26 in the following HO doc link.

https://assets.publishing.service.gov.u ... tances.pdf

Intention to live together permanently in the UK

In applications for further limited leave to remain or for indefinite leave to remain in
the UK as a partner, where there have been limited periods of time spent outside the
UK, this must be for good reasons and the reasons must be consistent with the
intention to live together permanently in the UK. Good reasons could include time
spent overseas in connection with the applicant’s or their partner’s work, holidays,
training or study.

If the applicant, their partner or both have spent the majority of the period overseas,
there may be reason to doubt that the couple intend to live together permanently in
the UK. Each case must be judged on its merits, taking into account reasons for
travel, length of absence and whether the applicant and partner travelled and lived
together during the time spent outside the UK. These factors will need to be
considered against the requirements of the rules.

So it seems that it is better to include my additional documents.

[vinny]

Yes.

[KVP]

Thanks much Vinny.

I forgot to mention couple of points in the checlist.

1) I have been claiming Child Benefit on my name only.
2) We both (myself and my wife) have claimed and received Furlough payments for some months as being director of our own Limited company.

I think both of the above will not impact anything in my family's applications. I will be submitting application by end of this week.

[vinny]

See also Child Benefit if you leave the UK.

[KVP]

Thanks Vinny,

I have done this as soon as I came back to UK in last year. I really forgot to update it after I left UK in 2019;

I explained in details about my Travel in "Child benefit -Update circumstance" online form along with my new address.

During the same time, they have also sent me Paper (Update circumstance) form (I think they found my new address as soon as I have updated address in my HMRC records).

I have written the same about my Travel dates and Long gap because of Covid travel disturbances and I have posted the form back to Child benefit office.

I neither got an acknowledgement nor got unusual response from them. Instead I got a letter saying that "My child benefit will continue". I have left that matter since from that letter.

Now I don't know what I should verify from my end; I never got a letter from them even after I written my Long gap in the Postal form.

Calling them now, and inquiring about the letter (whether they have accepted my long gap) which i sent an year ago, might be a good idea. But I am also thinking whether such enquiries would create unnecessary attention now.

Kindly share if there's any other way.

[KVP]

I have contacted Child benefit office yesterday (via Web chat), and I have requested for the acknowledgement of the "Change of circumstance form" which I posted to them an year ago.

He replied that they have received the my postal form last year but cannot see my Online form. Also he replied that he won't be able to send it back to me, instead he can send my "Child benefit entitlement" confirmation letter, for which I replied Okay, so it will take upto 2 weeks to arrive at my address (I think, This letter is irrelevant to my family ILR applications anyway). Finally, I have saved the "Chat history" for my reference.

So having said that, they have accepted my postal form last year, and since then I did not receive any other communication from them, I rest the matter here.

Many thanks Vinny, Zimba and all others. I will be submitting application in 1 or 2 days.

Kind regards,

[KVP]

4) Financial requirement: We have chosen Category D. We have Last 6 months bank statements showing Minimum amount $40,000 maintained throughout 6 months (Last statement is Dated 28-Oct-2021)

Correction in my original post:
Minimum amount GBP £40,000 maintained throughout 6 months (Last statement is Dated 28-Oct-2021). It was a typo selecting Dollar symbol instead of GBP.

I have submitted application yesterday (Super premium); Booked UKVCAS Biometric appointment on 11-Dec.

[KVP]

I have contacted Child benefit office yesterday (via Web chat), and I have requested for the acknowledgement of the "Change of circumstance form" which I posted to them an year ago.

He replied that they have received the my postal form last year but cannot see my Online form. Also he replied that he won't be able to send it back to me, instead he can send my "Child benefit entitlement" confirmation letter, for which I replied Okay, so it will take upto 2 weeks to arrive at my address (I think, This letter is irrelevant to my family ILR applications anyway). Finally, I have saved the "Chat history" for my reference.

So having said that, they have accepted my postal form last year, and since then I did not receive any other communication from them, I rest the matter here.

Many thanks Vinny, Zimba and all others. I will be submitting application in 1 or 2 days.

Kind regards,

I may be overthinking.. But it's better to seek for help, So here I come again.

I actually followed it up with Child benefit office to make sure if they had accepted my letter "formally" in December 2020, so I don't end up with problems in future, i.e when we (i.e. whole family) intend to apply for Citizenship in the future.

The whole experience trying to contact Child benefit office is really bad. It gives me the feeling of why I have applied for this child benefit in first place, and getting into trap (if any) unintentionally.

1) webchat on 12/11/2021 - The adviser told me he cannot see the detail in my letter although he can confirm a letter has been received from me in Dec 2020. He disconnected chat quickly.

2) webchat on 23/11/2021 - The adviser told me there is no outstanding issue with my Child benefit account, rather he arranged a call back from HMRC specialist team to deal with my issue. He told me I will get call back in 48 hours, which I never got.

3) webchat on 29/11/2021 - The adviser took all the details and chat was disconnected.

4) webchat on 29/11/2021 - The adviser told me call back will actually take a week of time and confirmed me someone from Specilist team will contact me by 02/12/2021, which I never got.

5) I called via phone today; Lucky I got connected after 40 minutes waiting. The adviser told me he can't login into his systems, he can't see my details, so he can call me later blah blah.. I got hold of him this time. At the end, the adviser told me that he has noted my conversation in my Child benefit account, and told me if there's any over payment issue, then HMRC will write to me if I have to repay any such amount; Currently he sees no issue with my account, but cannot confirm whether (or when) they will decide to send me a letter for over payment.

In each and every contact as above, Every advisers are very eager to ask for "Reasons for being away from Country" rather no one is ready to see my hand-written notes in the letter which is attached to my Child benefit account. I only have got Postal receipt of sending a letter to them in Dec 2020.

Ok, Coming to the point whether the above situation will cause any trouble on my family's ILR applicaiton??

I think this will not be an issue with my family's ILR applications (which were submitted already and booked for Biometric appointment on next weekend 11/12/2021) even if I have to repay any over payment..

However ILR form has asked for Partner's NI number as well, which I don't know if Caseworker will expect a clean HMRC records for Settled partners too.


My intention is (always) to payback any Over payment, fine, penalty, interest, or the whole amount which they paid to me so far.

I googled, and searched this forum a lot and don't see any relevant rule/information.
Please share if you find / know anything.

[KVP]

Hi All,

Happy to share we received "Successful" emails for my family (wife and a child) around 12.35 today.
I thank each and everyone who has helped me in the journey.
The selfless service by these people will stay in my memory forever.

Best wishes for those who are still in the journey to ILR.

Reg Child benefit: After we finished the biometric appointment on last Saturday (11/12/2021) we came back home and we found a letter at doorstep, sent by Child benefit office. The letter is very formal asking me to pay back "Over-payment amount". It does not state any concessions related to Covid travel restrictions. I then transferred the amount online immediately. Called them today morning to make sure if they have received the amount. After follow up with 2 different advisers, the staff told me that it will take 2 days to receive (whereas my HSBC bank confirmed me the payment was done within 2 hours on Saturday itself). To conclude, this problem is almost solved now.

[AmazonianX]

Hi All,

Happy to share we received "Successful" emails for my family (wife and a child) around 12.35 today.
I thank each and everyone who has helped me in the journey.
The selfless service by these people will stay in my memory forever.

Best wishes for those who are still in the journey to ILR.

Reg Child benefit: After we finished the biometric appointment on last Saturday (11/12/2021) we came back home and we found a letter at doorstep, sent by Child benefit office. The letter is very formal asking me to pay back "Over-payment amount". It does not state any concessions related to Covid travel restrictions. I then transferred the amount online immediately. Called them today morning to make sure if they have received the amount. After follow up with 2 different advisers, the staff told me that it will take 2 days to receive (whereas my HSBC bank confirmed me the payment was done within 2 hours on Saturday itself). To conclude, this problem is almost solved now.

Congratulations.