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Even in the case of unspent conditional cautions, the refusal will be discretionarySimple cautions are not covered by the exemption in Section 4 of the Rehabilitation
of Offenders Act 1974. This means that simple cautions do not need to be declared
and failure to do so is not in itself a basis for refusal. Even if an applicant does
choose to declare spent cautions, you must not take these into account in your
assessment of their criminal history. You can only consider unspent cautions for that
purpose.
In order to qualify for ILR under the spouse settlement route. your husband will have to support your application. Without this, your application would be refused.slythrin77 wrote: ↑Fri Nov 17, 2023 10:44 amI am in need of some insights and advice regarding my current situation. I arrived in the UK on a spouse visa on 15th December 2018 and am currently on my second extension, which is valid until March 2024. This means I have been in the UK for nearly five years, making me potentially eligible for Indefinite Leave to Remain (ILR).
However, my marital situation is complicated. My partner and I are experiencing significant issues, and it seems we are heading towards a divorce. We have not been communicating, and we have a one-year-old child together. I am aware that I can apply for a visa as the parent of a British child, but I am hesitant about this route due to the financial burden of the International Health Surcharge (IHS) and visa fees for another five years.
Given my circumstances, I am seeking advice on whether I can still apply for ILR despite the marital discord. Are there any potential issues or obstacles I should be aware of in this process? What would be the best course of action in my situation?
Any guidance or experiences shared would be greatly appreciated.
Thank you in advance.
spouse does need to sign the declaration though.Ticktack wrote: ↑Fri Nov 17, 2023 12:53 pmHusband doesn't need to physically sign anything like the FLR(M). However, you would need his copies of his passport, marriage certificate and evidence that you've been living together in the last 2 years like joint letters or individual letters addressed to you guys.
So if you have those, you really don't need him as you're technically married, just having issues like everyone else.
There's no declaration form generated for ILR SET (M)!bookerw100 wrote: ↑Fri Nov 17, 2023 1:30 pmspouse does need to sign the declaration though.Ticktack wrote: ↑Fri Nov 17, 2023 12:53 pmHusband doesn't need to physically sign anything like the FLR(M). However, you would need his copies of his passport, marriage certificate and evidence that you've been living together in the last 2 years like joint letters or individual letters addressed to you guys.
So if you have those, you really don't need him as you're technically married, just having issues like everyone else.
https://visas-immigration.service.gov.u ... ration.pdfTicktack wrote: ↑Fri Nov 17, 2023 2:49 pmThere's no declaration form generated for ILR SET (M)!bookerw100 wrote: ↑Fri Nov 17, 2023 1:30 pmspouse does need to sign the declaration though.Ticktack wrote: ↑Fri Nov 17, 2023 12:53 pmHusband doesn't need to physically sign anything like the FLR(M). However, you would need his copies of his passport, marriage certificate and evidence that you've been living together in the last 2 years like joint letters or individual letters addressed to you guys.
So if you have those, you really don't need him as you're technically married, just having issues like everyone else.
You're correct, that one gets generated. So technically unavoidable.bookerw100 wrote: ↑Mon Nov 20, 2023 10:38 amhttps://visas-immigration.service.gov.u ... ration.pdfTicktack wrote: ↑Fri Nov 17, 2023 2:49 pmThere's no declaration form generated for ILR SET (M)!bookerw100 wrote: ↑Fri Nov 17, 2023 1:30 pmspouse does need to sign the declaration though.Ticktack wrote: ↑Fri Nov 17, 2023 12:53 pmHusband doesn't need to physically sign anything like the FLR(M). However, you would need his copies of his passport, marriage certificate and evidence that you've been living together in the last 2 years like joint letters or individual letters addressed to you guys.
So if you have those, you really don't need him as you're technically married, just having issues like everyone else.
This is the one, applicant's spouse needs to sign as part of SET(M)