Applying for ILR - Do I HAVE to go to an appointment?

[AmazingSully]

I can't seem to find any guidance online regarding when to book my Life in the UK test. I still have a fair bit of time before my current FLR(M) visa expires, and everything online says to apply for ILR within 28 days of that expiring, but nothing mentions when to book and take the Life in the UK test, or when to order the guidebook. Would appreciate any guidance on the matter.

[CR001]

You can do the test at any time. It simply must be taken at least 7 days before you apply for ILR.

LIUK test doesn't have an expiry date.

[AmazingSully]

Hello all,

I have read that typically you apply 28 days before you current visa expires, but the last extension of FLR(M) that I did was delayed by 6 months due to COVID, so I will have had FLR(M) for 5 years in November of this year, but my current residence permit does not expire until April 2023 because of that COVID delay. Can I apply in November, or do I have to wait until April? I ask as applying earlier could get me lower mortgage rates so I would appreciate knowing if I can in fact apply in November.

Thank you for your time.

[CR001]

From your posting history, it appears you switched to FLR M within the uk in 2017.

You can apply for ILR on form SET M no sooner than within 28 days before the 5th anniversary of your first FLR M visa issue date. The latest you can apply is by the current visa expiry date.

[AmazingSully]

Thank you so much for the clarity

[AmazingSully]

Hello,

I am currently in the process of applying for ILR through the 5-year spouse route, and they are asking for evidence of my wife's settled status. My wife was born in the UK and is a British citizen. I'm not sure what they would consider valid proof of her settled status. Her passport expired last year so I'm assuming we can't use that. Would a birth certificate be okay, or is there a list of what would count?

Also, a bit of a side question, for the declaration signed by partner, my wife and I don't have a printer, would a digitally signed version be acceptable? She has a tablet for these sorts of things, I just want to make sure the application wouldn't run into issues because it wasn't signed in ink.

Any help would be greatly appreciated.

[Ticktack]

Hello,

I am currently in the process of applying for ILR through the 5-year spouse route, and they are asking for evidence of my wife's settled status. My wife was born in the UK and is a British citizen. I'm not sure what they would consider valid proof of her settled status. Her passport expired last year so I'm assuming we can't use that. Would a birth certificate be okay, or is there a list of what would count? She can still use her expired passport.

Also, a bit of a side question, for the declaration signed by partner, my wife and I don't have a printer, would a digitally signed version be acceptable? She has a tablet for these sorts of things, I just want to make sure the application wouldn't run into issues because it wasn't signed in ink.Always better to have a wet signature. Not saying the digitally signed wouldn't be accepted, but you need your application to go as smoothly as possible.

Any help would be greatly appreciated.

[alterhase58]

A British citizen doesn't have "settled status" but an absolute right of abode in the UK. Even an expired passport should be sufficient, and the birth certificate showing her parents' names, presumably British.

[zimba]

Hello,

I am currently in the process of applying for ILR through the 5-year spouse route, and they are asking for evidence of my wife's settled status. My wife was born in the UK and is a British citizen. I'm not sure what they would consider valid proof of her settled status. Her passport expired last year so I'm assuming we can't use that. Would a birth certificate be okay, or is there a list of what would count?

Also, a bit of a side question, for the declaration signed by partner, my wife and I don't have a printer, would a digitally signed version be acceptable? She has a tablet for these sorts of things, I just want to make sure the application wouldn't run into issues because it wasn't signed in ink.

Any help would be greatly appreciated.

Apart from the fact that a British citizen does not have a settled status (instead they have the right of abode), UKVI does not need you to provide any evidence previously provided on this. I assume you are under the family route because of your British partner to begin with ?? The document list is generic and is not accurate

[AmazingSully]

Apart from the fact that a British citizen does not have a settled status (instead they have the right of abode), UKVI does not need you to provide any evidence previously provided on this. I assume you are under the family route because of your British partner to begin with ?? The document list is generic and is not accurate

While I appreciate you providing information, and I agree this requirement is confusing because she's not settled, she's a British citizen who was born here, when the document checklist tells me that I need to provide "Evidence of <wife's name> settled status in the UK" I feel like I need to provide this evidence. I also cannot find any lists about what they consider evidence of this, what is/isn't acceptable, etc.

[zimba]

Apart from the fact that a British citizen does not have a settled status (instead they have the right of abode), UKVI does not need you to provide any evidence previously provided on this. I assume you are under the family route because of your British partner to begin with ?? The document list is generic and is not accurate

While I appreciate you providing information, and I agree this requirement is confusing because she's not settled, she's a British citizen who was born here, when the document checklist tells me that I need to provide "Evidence of <wife's name> settled status in the UK" I feel like I need to provide this evidence. I also cannot find any lists about what they consider evidence of this, what is/isn't acceptable, etc.

This is not about how you feel. It is about meeting the requirements under the immigration rules. The checklist is incorrect on this item as explained above (this has been discussed many times here) as there is no requirement to provide evidence of your partner's status under the rules. UKVI already knows about your partner and the fact that you were granted a visa under the family route is proof of that. Advice given here is based on what the rules expect you to provide to meet the requirements. The checklist is simply an (imperfect) guide for the applicant.

[AmazingSully]

Apart from the fact that a British citizen does not have a settled status (instead they have the right of abode), UKVI does not need you to provide any evidence previously provided on this. I assume you are under the family route because of your British partner to begin with ?? The document list is generic and is not accurate

While I appreciate you providing information, and I agree this requirement is confusing because she's not settled, she's a British citizen who was born here, when the document checklist tells me that I need to provide "Evidence of <wife's name> settled status in the UK" I feel like I need to provide this evidence. I also cannot find any lists about what they consider evidence of this, what is/isn't acceptable, etc.

This is not about how you feel. It is about meeting the requirements under the immigration rules. The checklist is incorrect on this item as explained above (this has been discussed many times here) as there is no requirement to provide evidence of your partner's status under the rules. UKVI already knows about your partner and the fact that you were granted a visa under the family route is proof of that. Advice given here is based on what the rules expect you to provide to meet the requirements. The checklist is simply an (imperfect) guide for the applicant.

You may very well be right, but look at this from someone else's perspective. I have 2 pieces of contradicting information. One comes from the official source, the other does not. Which do I have to believe regardless of what is true or not? Not submitting evidence runs the risk of my application being denied and causing me a bunch of problems. Providing evidence that is not needed (and has been flagged as mandatory evidence required by the issuing authority) has 0 risk associated with it. Trusting you know better than the issuing authority has substantial risk.

Futhermore, I managed to find the following:

"This should be your partner’s current passport or travel document. You may send copies instead of the original document if you are applying on a partner 2-year or 5-year route. Every page of the passport must be copied including any blank pages.

If your partner has an EEA right to reside in the UK permanently, you must provide their valid document certifying permanent residence or permanent residence card.

If you are unable to provide your partner's travel document and your partner is a British citizen, you must provide the full birth certificate for <wife's name> showing parents' names, accompanied by at least one other formal document as evidence of ordinary residence in the UK for the last 3 years.

If you are unable to provide your partner's travel document and your partner is not a British citizen, you must provide a Home Office letter or other document showing <wife's name> has been granted indefinite leave to enter or remain in the UK, accompanied by at least one other formal document as evidence of ordinary residence in the UK for the last 3 years.

Evidence of ordinary residence for the last 3 years includes:

notice of income tax coding
driving licence
building society
savings books
bank statements
National Insurance or National Health Service registration issued by the Department for Work and Pensions or a local health authority"

[Ticktack]

Apart from the fact that a British citizen does not have a settled status (instead they have the right of abode), UKVI does not need you to provide any evidence previously provided on this. I assume you are under the family route because of your British partner to begin with ?? The document list is generic and is not accurate

While I appreciate you providing information, and I agree this requirement is confusing because she's not settled, she's a British citizen who was born here, when the document checklist tells me that I need to provide "Evidence of <wife's name> settled status in the UK" I feel like I need to provide this evidence. I also cannot find any lists about what they consider evidence of this, what is/isn't acceptable, etc.

This is not about how you feel. It is about meeting the requirements under the immigration rules. The checklist is incorrect on this item as explained above (this has been discussed many times here) as there is no requirement to provide evidence of your partner's status under the rules. UKVI already knows about your partner and the fact that you were granted a visa under the family route is proof of that. Advice given here is based on what the rules expect you to provide to meet the requirements. The checklist is simply an (imperfect) guide for the applicant.

You may very well be right, but look at this from someone else's perspective. I have 2 pieces of contradicting information. One comes from the official source, the other does not. Which do I have to believe regardless of what is true or not? Not submitting evidence runs the risk of my application being denied and causing me a bunch of problems. Providing evidence that is not needed (and has been flagged as mandatory evidence required by the issuing authority) has 0 risk associated with it. Trusting you know better than the issuing authority has substantial risk.

Futhermore, I managed to find the following:

"This should be your partner’s current passport or travel document. You may send copies instead of the original document if you are applying on a partner 2-year or 5-year route. Every page of the passport must be copied including any blank pages.

If your partner has an EEA right to reside in the UK permanently, you must provide their valid document certifying permanent residence or permanent residence card.

If you are unable to provide your partner's travel document and your partner is a British citizen, you must provide the full birth certificate for <wife's name> showing parents' names, accompanied by at least one other formal document as evidence of ordinary residence in the UK for the last 3 years.

If you are unable to provide your partner's travel document and your partner is not a British citizen, you must provide a Home Office letter or other document showing <wife's name> has been granted indefinite leave to enter or remain in the UK, accompanied by at least one other formal document as evidence of ordinary residence in the UK for the last 3 years.

Evidence of ordinary residence for the last 3 years includes:

notice of income tax coding
driving licence
building society
savings books
bank statements
National Insurance or National Health Service registration issued by the Department for Work and Pensions or a local health authority"

As I told you earlier, this highlighted above is what you need. Like you rightly mentioned, it's better if they throw it away if not needed, than not providing it if needed.

In my case many years ago, I provided all pages, not just the data page. Top to bottom as it cost me not a thing.

The HO has a habit of asking for the same documents more than once, e.g wedding certificate!

[AmazingSully]

As I told you earlier, this highlighted above is what you need. Like you rightly mentioned, it's better if they throw it away if not needed, than not providing it if needed.

In my case many years ago, I provided all pages, not just the data page. Top to bottom as it cost me not a thing.

The HO has a habit of asking for the same documents more than once, e.g wedding certificate!

The issue here is that it says her "current" passport. This implies her expired passport is not sufficient.

[zimba]

There is no such requirement as per the rules and there is no risk of refusal. UKVI also asks for missing evidence if they require it. The checklist has no bearing on your application as repeated several times. The issue is that you are seeking advice here but do not trust it. It is reasonable not to seek advice from people you do not trust.

[Ticktack]

As I told you earlier, this highlighted above is what you need. Like you rightly mentioned, it's better if they throw it away if not needed, than not providing it if needed.

In my case many years ago, I provided all pages, not just the data page. Top to bottom as it cost me not a thing.

The HO has a habit of asking for the same documents more than once, e.g wedding certificate!

The issue here is that it says her "current" passport. This implies her expired passport is not sufficient.

Lets say you ran an organisation and you had to create a questionnaire. By default you would ask for current documents. You don't want to ask for expired which could cause problems with interpretation.
As Zimba already told you, you just have to trust the answers you get here. Most members here have been thru this in various forms. the experiences from the different routes has been amalgamated and this helps to signpost other members in the right direction.
The alternative to this, is you get an immigration solicitor and pay for advise.

Passport expired or not denotes citizenship. It's just not valid for travel! I'm sure you can even use that to travel to Republic of Ireland by road as a valid passport isn't a requirement for Brits.

[AmazingSully]

So I submitted my SET(M) application and was then prompted to attend an appointment to submit my biometric information. I was a little confused however because the gov.uk site says:

"You may not need to attend a UKVCAS service centre if you’re applying for a replacement Biometric Residence Card (BRC) or Biometric Residence Permit (BRP).

You may also not need to attend if you’re applying for nationality, for example citizenship, or for indefinite leave to remain as a parent or partner of someone settled in the UK."

I have given my biometric information previously for my FLR(M) applications so I'm wondering if/why I need to provide it now, and if I shouldn't need to, how can I go about making sure my application reflects that?

[CR001]

If you have been prompted to book a biometric appointment, then you need to attend the appointment. Failure to attend will result in your application being rejected.

The bit you quote does "MAY also not". It is not a given that you do not have to attend biometrics and can use the IDV app etc.

[AmazingSully]

Interesting... does anybody know what they use to determine the criteria? My last FLR(M) I didn't need to attend and was able to use the mobile app. Seems a little strange I'd no longer be eligible.

[CR001]

Interesting... does anybody know what they use to determine the criteria? My last FLR(M) I didn't need to attend and was able to use the mobile app. Seems a little strange I'd no longer be eligible.

That is likely why you need to attend a biometrics appointment then as your full biometric enrollment was 5 years ago.

[AmazonianX]

Interesting... does anybody know what they use to determine the criteria? My last FLR(M) I didn't need to attend and was able to use the mobile app. Seems a little strange I'd no longer be eligible.

If you did not attend previously then you will be required to attend now as previous biometrics of yours on record 5years or over. Account needs to be taken of structural/physiological/facial changes over time. Remember it is an ID.