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SET(M) 5-year Spouse - Application questions

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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alexamc
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SET(M) 5-year Spouse - Application questions

Post by alexamc » Wed May 17, 2023 10:47 pm

Hi,

I am working on the application and have a number of questions regarding various sections/questions. Apologies in advance, if I am duplicating any of the previous topics.
  • Enter your name, as shown in your current passport or travel document. Use the English spelling of your name where provided.
    My travel document has my middle name only in my native language. Should I include it in the application anyway (using the English spelling)?
  • Do you have any friends in your country of birth, nationality or any other country where you have lived for more than 5 years?
    I have lived in the UK since September 2014 (on a different visa first). Should I include my friends in the UK as well as my country of birth?
  • Where did you spend time outside the UK for more than 2 weeks?
    I have only had 2 holidays longer than 2 weeks, both with my husband. Do I need to provide proof we traveled together?
  • How long has your partner lived in the UK?
    My husband is British from birth and has always lived in the UK apart from one study trip which lasted 1 year. Do I need to deduct 1 year from the total number of years he lived in the UK?
  • The Financial Requirement threshold
    I have just returned from maternity leave and my payslips from the past 12 months will show very low income. My current salary though is way above the minimum threshold. Do I need to provide my older payslips to show that I was getting decent pay before I went on maternity? Do I need to ask my employer to include the confirmation that I was on maternity in their letter?
  • Do I need to certify my bank statements at my bank?
  • Do I need to ask HR to certify my payslips?
  • Payslips covering any period of salaried employment (current and previous) in the period of 6 months prior to the date of application
    Does "any period" just mean the past 6 months?
I might have more questions later.

Many thanks for your advice in advance.

Alex

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zimba
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Re: SET(M) 5-year Spouse - Application questions

Post by zimba » Fri May 19, 2023 12:43 am

-Enter the name as per English spelling in your passport.
-You do not need to include UK friends
-Proof of travel is not needed
-No need to deduct any time from your partners residence, the answer is 'since birth'

You must read the guide on finances carefully, determine the category that applies to you which tells you what you need to send: https://assets.publishing.service.gov.u ... rement.pdf
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: SET(M) 5-year Spouse - Application questions

Post by alexamc » Fri May 19, 2023 7:53 pm

Many thanks, Zimba! I will do

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Re: SET(M) 5-year Spouse - Application questions

Post by alexamc » Sun May 21, 2023 10:27 pm

Hi,

I have one more question regarding the below question:

Code: Select all

What do they earn?
    1)The same amount continuously, above the financial requirement amount
    2)The same amount continuously, below the financial requirement amount
    3)Not the same amount continuously, above the financial requirement amount
    4)Not the same amount continuously, below the financial requirement amount
I have been with the same employer for almost 4 years and earned (monthly) above the financial requirement prior to going on maternity leave. I was on maternity leave (with the past 12 months total gross pay of just over £19k) between April 2022 and March 2023 and got back from maternity leave in April 2023. So, I received my full-time salary in April and will get one in May.

I believe I could select either 1 or 3 depending on if I would like to be considered under Category A or B.
The difference would be:
  • Category A. I would need to provide 6 months' payslips prior to maternity leave. The annual salary will be calculated based on the lowest salary from these 6 months x 12 months.
  • Categiry B. I would need to provide 12 months' payslips prior to the application date and the actual total 12 months' salary will be taken into account.
Would that be correct? And if so, which option A or B is better?

Many thanks in advance.

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Re: SET(M) 5-year Spouse - Application questions

Post by zimba » Mon May 22, 2023 2:37 am

That question determines if you are in salaried or non-salaried employment. Nothing to do with cat A or B. You should choose option 1
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Re: SET(M) 5-year Spouse - Application questions

Post by alexamc » Tue May 23, 2023 2:58 pm

Thanks, Zimba.

A couple more questions.
  • When I select option 1, the system shows that I have to provide "Payslips covering a period of 6 months prior to the date of application". My understanding is that in my situation I could just provide payslips covering 6 months prior to my maternity leave rather than the date of application. Is this correct? No need to include the most recent payslips and bank statements?
  • I was planning to submit my application this week. But if I do need to include my most recent payslip (May), should I wait for it (31st of May) and submit the application after the 31st? Or am I allowed to provide documents dated after the application submission?
Many thanks!

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Re: SET(M) 5-year Spouse - Application questions

Post by Ticktack » Tue May 23, 2023 3:21 pm

alexamc wrote:
Tue May 23, 2023 2:58 pm
Thanks, Zimba.

A couple more questions.
  • When I select option 1, the system shows that I have to provide "Payslips covering a period of 6 months prior to the date of application". My understanding is that in my situation I could just provide payslips covering 6 months prior to my maternity leave rather than the date of application. Is this correct? No need to include the most recent payslips and bank statements?
Most recent 6 months!
  • I was planning to submit my application this week. But if I do need to include my most recent payslip (May), should I wait for it (31st of May) and submit the application after the 31st? Or am I allowed to provide documents dated after the application submission?
You don't have to wait till end of months. You can go back 6 months April, March,...……...

Many thanks!
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Re: SET(M) 5-year Spouse - Application questions

Post by alexamc » Tue May 23, 2023 9:02 pm

Thanks, Ticktack.

I am afraid that if I provide the most recent 6 months then my earnings are not going to reach the required minimum level because of a very low maternity pay.

So, I have found a below example on page 32 of the Financial requirement document, which says:
Case studies – Maternity, paternity, adoption, parental and sick leave
Example (a)
The applicant’s partner is in the UK, has recently had a baby and returned to work from maternity leave 2 months prior to the date of application. Her contracted salary is £19,400 a year. She has been with her current employer for 2 years but, as she has not been earning the required level of income for all of the last 6 months because of her maternity leave, the period to be assessed can be the 6 months before she began her maternity leave.
Does it mean that I could provide payslips covering 6 months prior to my maternity leave rather than the date of application?

Many thanks.

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Re: SET(M) 5-year Spouse - Application questions

Post by zimba » Wed May 24, 2023 1:05 am

If you read the guide properly, it says:
Where the applicant’s partner (and/or the applicant if they are in the UK with
permission to work) is in receipt of maternity, paternity, adoption or sick pay, or has
been so in the 6 months prior to the date of application, the relevant date for
considering the length of employment and the income from the employment can be
either:

• the date of application
• the date of commencement of the maternity, paternity, adoption or sick leave
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Re: SET(M) 5-year Spouse - Application questions

Post by alexamc » Wed May 24, 2023 7:29 pm

Thanks, Zimba. I have read it but just wanted to make sure I understand the guidance correctly. So, am I right to think that I am allowed to provide 6 months payslips prior to the date of commencement of my maternity leave instead of the date of application?
My maternity leave finished at the end of March 2023.

Many thanks in advance.

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Re: SET(M) 5-year Spouse - Application questions

Post by zimba » Thu May 25, 2023 9:43 am

Correct
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Re: SET(M) 5-year Spouse - Application questions

Post by alexamc » Mon May 29, 2023 10:09 am

I have (hopefully) a final question before I submit my application.

I am ready to submit my application but I haven't received a letter from employer, certified payslips, and certified bank statements yet. Is it better to wait for all these documents before I submit my application? Or is it okay if the documents are dated after the submission date?

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Re: SET(M) 5-year Spouse - Application questions

Post by AmazonianX » Mon May 29, 2023 11:49 am

alexamc wrote:
Mon May 29, 2023 10:09 am
I have (hopefully) a final question before I submit my application.

I am ready to submit my application but I haven't received a letter from employer, certified payslips, and certified bank statements yet. Is it better to wait for all these documents before I submit my application? Or is it okay if the documents are dated after the submission date?
Better to wait for the documents.

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Re: SET(M) 5-year Spouse - Application questions

Post by alexamc » Mon May 29, 2023 9:24 pm

Understood. Thank you @AmazonianX.

My visa expires on 10 June. Do I have to submit biometrics and upload all documents before that date in order not to breach the visa conditions? Or is it enough to just submit the application and pay the visa fee before 10th June?

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Re: SET(M) 5-year Spouse - Application questions

Post by CR001 » Mon May 29, 2023 9:52 pm

Date of application is the date you submit and pay online and must be before your visa expire. Your biometric appointment is irrelevant to this.
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Re: SET(M) 5-year Spouse - Application questions

Post by AmazonianX » Tue May 30, 2023 12:09 am

alexamc wrote:
Mon May 29, 2023 9:24 pm
Understood. Thank you @AmazonianX.

My visa expires on 10 June. Do I have to submit biometrics and upload all documents before that date in order not to breach the visa conditions? Or is it enough to just submit the application and pay the visa fee before 10th June?
It's enough to submit application latest by 20th June, biometrics appointment can be after and you will still be legal and retain all your rights as before.

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Re: SET(M) 5-year Spouse - Application questions

Post by alexamc » Tue May 30, 2023 10:37 am

Many thanks, both! I really appreciate your help

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