PBS dependent child benefit query for ILR Set(O)

[Greatexpat]

Hi all,

I am looking to apply for ILR for my wife who is on PBS dependent visa for 5 years. I have got British Citizenship in 2022 based on Tier 2(General) for 5 years + 1 year ILR. We have a child who is already a British citizen.
I have the following queries for the application. I would be grateful the to the experts here who will help me.

1) What is the correct form to use for my wife ILR? Is it Set(O) with link below.
https://www.gov.uk/government/publicati ... -form-seto

2) What are the supporting documents needed? I could gather the following. Is anything missing?

- Current Passport for wife
- Expired passport for wife on which last leave was granted
- Current BRP for wife
- Life in the UK pass reference no.
- English proficiency letter from ECCTIS + Degree certificate from India
- Letter of absence mentioning all the dates my wife was outside the UK
- Any consent forms that may be required once submitting the form.

- Cohabitation documents as follows-
- Marriage certificate
- 8 to 10 Joint Bank statements for last 2 years spaced out every 3 months
- 8 to 10 Separate named bank statements with same address for last 2 years
- Joint name Council tax bill for last 2 years
- Baby birth certificate showing both of our names as parents
- Joint tenancy agreement
- We have energy bills but these are in separate names at the same address- it is a quirk of
how these were setup by the utility company and my wife's name is slightly misspelt. Still
undecided if this should be included.
- Driving licenses for both with same address

- Financial requirements-
Letter from Employer showing my salary and that I am still in the post
Last 6 months payslips from my employer
Bank statement in my name for past 3 months showing balance of £3000+ in each statement
My P60 of year 2022-23


3) Is the salary requirement changing on the 4th of April for this route of ILR? My SOC code for my 5 years Tier 2 was 2122-Mechanical Engineers and am currently on £42000.

3.5) There used to be a ILR salary requirement in Tier 2 policy guidance seperate from the 'going rate' salary requirements introduced a few years back which used to increase every April and was forecasted a few years in advance. I could not find it now. Is it still in place and if so what is the requirement?

4) I am getting child benefit in my name for my child and also tax free child care as I and my child are British citizens. Will this affect my spouse ILR application and will it need declaring?

5) What is the guidance documents? I could find the below are these correct?

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

[CR001]

1. Set O yes.

2. She does NOT need an emplpyer absence letter!

You do NOT need ypur employment, bank, P60 and salary etc information. There is NO financial requirement for her ilr.

3. Not relevant to dependents.

4. No. Presumbly you are claiming tax credits in joint names with your spouse?

5.it clearly states in page 4 which dependents the guide applies to.

[Greatexpat]

Thanks so much for your reply CR001. Always grateful for it. Please see my response in yellow below.

by CR001 » Tue Apr 02, 2024 4:22 pm

1. Set O yes.

2. She does NOT need an emplpyer absence letter! This will be a self declaration letter, not from employer. This is to show the continuous residence for last 5 years requirement. Please let me know if okay

You do NOT need ypur employment, bank, P60 and salary etc information. There is NO financial requirement for her ilr. I saw the requirement on the page 23 of the guidance linked in the post, so assumed it was needed. Though, appreciate it is separate from the Settlement section
Please let me know if the rest of docs are sufficient or if something is missing

3. Not relevant to dependents. Got it, Thanks

4. No. Presumbly you are claiming tax credits in joint names with your spouse? Unaware of what tax credits are and having googled it, neither of us have applied for tax credits intentionally.

5.it clearly states in page 4 which dependents the guide applies to. Understood, Thanks

[CR001]

2. She doesnt need a letter. She only fills the absence information in the form. Thats it.

3. None if your employment documents are needed, at all.

4. Misread. No issues re child benefits. Unsure about child care. Are these child care vouchers tbrough your employer or aonething else.

[Greatexpat]

2. She doesnt need a letter. She only fills the absence information in the form. Thats it.

3. None if your employment documents are needed, at all.

4. Misread. No issues re child benefits. Unsure about child care. Are these child care vouchers tbrough your employer or aonething else. There are no child care vouchers anymore for for new applicants. There is a government scheme which replaced the child care vouchers. Here I get 2 pounds by the government for every 8 pounds I add to an online account for using for child care. The issue here is the child care vouchers were not restricted by 'No recourse to Public funds' but Tax free child care can be hence asking. Please let me know if you can. Link here- https://www.gov.uk/tax-free-childcare

[Greatexpat]

Hi all,

Please let me know how to answer the below questions. I am applying for my wife's ILR using Set (O) who is on PBS dependent for 5 years who has No Recourse to Public funds. I am a naturalised British Citizen and claiming child benefit for our child.
My confusion is due to the way the question is asked- the answer is 'No' for question 1 on the face of it but it asks to include details for your partner. I don't want to lie but neither do I want to complicate the application if I answer 'Yes' and have it rejected.

1) Do you or anyone else who is part of this application receive any public funds?

Include details for your partner or child if you have one. Examples of public funds include Income Support, Child Benefit, Housing Benefit, Council Tax Benefit, Carer’s Allowance and Disability Living Allowance.



2) Select below to show which benefits you, or anyone else who is part of this application, receive. Include benefits for your partner or child if you have one. If you select a benefit, but only one person receives it, enter zero in the non-applicable box.

Public funds received

Select the relevant box(es) below to show which benefits you, or anyone else who is part of this application, receive. Include benefits for your partner or child if you have one. If you select a benefit, but only one person receives it, enter zero in the non-applicable box.
(Required)

Family help

Child Benefit

How much do you receive each month? £0.00
How much does your partner receive each month? £ 96.00

3) Can I avoid giving my NI number in the application- it is an optional field, though they will have the details from the previous applications.
This is if I answer 'No' to question 1- I just want to make it slightly difficult for them to check.

[CR001]

You are not part of the application.

[Greatexpat]

You are not part of the application.

Thanks for your response @CR001. Just to reconfirm, please-
Does this mean that I must answer 'No' for the first question even when it is asking for to 'Include details for your partner or child if you have one.'