ILR SET (0) form update

[magsi23]

ILR SET (O) was updated with revised form on 20th May 09, If i am not wrong it was updated only in April 09 before that.

Does anyone know the reason for this? As i cant really see what is the difference between the two?


http://www.ukba.homeoffice.gov.uk/sitec ... set-o-form

[lboro]

ILR SET (O) was updated with revised form on 20th May 09, If i am not wrong it was updated only in April 09 before that.

Does anyone know the reason for this? As i cant really see what is the difference between the two?


http://www.ukba.homeoffice.gov.uk/sitec ... set-o-form

Magsi, it was revised to include people applying under HSMP judicial review, so now on the knew form for 20th of May there is an extra box to tick if u are applying under HSMP judicial review.

How is the preparation for ur appointment going on?

[magsi23]

Iboro


Thanks for the info, Its going good have all the Docs ready lets see what happends? How about you?

[lboro]

Iboro


Thanks for the info, Its going good have all the Docs ready lets see what happends? How about you?

Got to phone next week for appointment, then will have to starting sorting documents..it is hard to know wat they want as generallt wat they ask on the form if ur passport and knowlege of life in UK.

What documents are you going to go with?

[magsi23]

Here is the List.

Passport + 2 previous passports
WP Letters
Payslips for 5 years almost
P60's x 4
Bank Statements for 6 months
Educational Certificates ie degree from Uni
SAR File ( will carry it just in case)

What about you?

[lboro]

Here is the List.

Passport + 2 previous passports
WP Letters
Payslips for 5 years almost
P60's x 4
Bank Statements for 6 months
Educational Certificates ie degree from Uni
SAR File ( will carry it just in case)

What about you?

I am thinking of the following

1. Passport
2. Utility bills – Electric and Water
3. Previous letter from HO
4. SAR - HO
5. Letter from Uni
6. CV
7. Degrees certificate
8. Bank statement for 2 months
9. Employment letters for 1yrs (On Tier 1)

I see you have 5yrs worth of payslip so that means you have worked for 5yrs. Why don't u use 5 yrs employment route? I guess that is more straight forward?

[magsi23]

Well i would need to wait 4 more months almost if i apply based on WP, so i thought i would apply as soon as i qualify.

Do you have any gaps between visas on the passport? Also you gonna carry your all previous passports?

I take it you will be applying in September?

[RAJ2007]

magsi23,

since u are applying for ILR under 10yrs LR why you need to proviide so much documents (P60 etc etc). I believe you need all your passports and LIk test certificate and may be SAR (to support your case). Is that not enough?

[lboro]

Well i would need to wait 4 more months almost if i apply based on WP, so i thought i would apply as soon as i qualify.

Do you have any gaps between visas on the passport? Also you gonna carry your all previous passports?

I take it you will be applying in September?

Hi Magsi, Sorry for late reply I was away for weekend!!.
Yeah that is good point- "apply as soon as you qualify".
I don't have real gaps but I have gaps due to HO delays in making their decisions. I am taking SAR jst in case but this information is available on their system and case workers should be able to see it on their screen (as nowadays they have computerised system).
I am going to carry all the passports(2). I am due 10ys in Sept so yes I will apply in Sept.
So I take that you dont have dependants that need to apply with you? because Long residence doesnt allow dependant but WP does and hence less expensive!
Do you have any gaps?

[magsi23]

Hi Iboro

well i have 2 gaps of 11 and 6 days but application was submitted on time and i have my SAR to prove that, Are you sure they can see that application was submitted on time? if they can it would be so much easier. How many gaps do you have for how many days?

Yes i dont have any dependants, do you have any?

[lboro]

Magsi,

I am not sure if they see that application was submitted on time (that's why I'll take SAR file) but I was told that information is available to them, especially when they go at the back office to do more checks! and it doesn't make sense if they can't see when the application was submitted becasue I think that is a very basic information!

I have a big gap between my student visa and Tier 1 of nearly a month, but I made my application by post on time.

I don't have dependants.

What about this issue of "Consideration of relevant points" under long residence, where by they say "Strength of connection in UK" and they go further to say "Where a person's close relatives are not in the UK, this may call into question the strength of the person's connection to the UK"
Do you have close relatives here in UK? and if not how do you plan to tackle this issue/question if asked?

[nj]

Dear lboro
I looked at the IDI for long residence to prepare mine and my wife's appl. IRL under 10 year long residency is discretionary leave, but generally no problems to get (as per IDI info) provided:
10 years lawful residence. One gap up to 10 days OK
Absences from UK (Not gap), max 18 months in total in 10 years and six months in one strech
No general grouds for refusal (eg criminal charges or previous breach of LTR conditions)
Employment history (supply all P60s)
I think strength of connections in uk only relavent when other criteria are weak such as employment.
Supply all PPs, 3 payslips or bank statements.
If gaps between stamps in PP, provide evidence of posting the application in time (they should have all these on their system, I suppose).
Best of luck
nj

[lboro]

Dear lboro
I looked at the IDI for long residence to prepare mine and my wife's appl. IRL under 10 year long residency is discretionary leave, but generally no problems to get (as per IDI info) provided:
10 years lawful residence. One gap up to 10 days OK
Absences from UK (Not gap), max 18 months in total in 10 years and six months in one strech
No general grouds for refusal (eg criminal charges or previous breach of LTR conditions)
Employment history (supply all P60s)
I think strength of connections in uk only relavent when other criteria are weak such as employment.
Supply all PPs, 3 payslips or bank statements.
If gaps between stamps in PP, provide evidence of posting the application in time (they should have all these on their system, I suppose).
Best of luck
nj

Nj, thanks for the info,

Just to make few things clear
1. IRL under 10 year long residency is no loner a discretionary leave, now it is within immigration rules and you have a right to appeal if you didn't like HO decision on ur case

2. There are general grouds for refusal (eg criminal charges or previous breach of LTR conditions) unless you are applying uinder 14yrs rule!

3. Strength of connections in uk matter (unless if you are applying under 14yrs rule). Employment is being looked on another capacity - (The arguement is that if you have continous strong emplyment then you will qualify on its own right - you don't neeed legal long residence!)

Are u applying u and ur wife both as long residence? legal 10yrs?

[nj]

Dear Iboro
Thanks for your comments. Perhaps, I would have misunderstood paragraph 2 of 1.1 in IDI chapter 18 as no appeal rights for refusal of ILR under 10 year lawful residency. Thanks for letting me know.
Also, according to section 3.1 of IDI, I understand, if 10 year lawful residency is met and no compelling groudnd for refusal such as against pubilc interest, generally ILR will not be refused.
Regarding our situation, I complete 10 years on 28th Oct 2009, have all 10 years P60 (employed from 02 Feb 2000 till date). No gaps, absences within allowed limits, One refusal as dependent Nov/Dec 1999 (but at that point, visitor visa was still valid, went on permit free 24th Jan 2000 till 27th July 2006 and HSMP after that, valid until 27th July 2011. I plan to apply ILR 30th Sept/1st Oct.
My wife's appl in HO, submitted in person 6th July, but no decision on the day (reason unusual situation, see the posts of Shrimathi)
Regards and many thanks
nj

[magsi23]

I have been living here for 10 years obviously, In terms of family or connection to UK they do not ask about your family connection to UK in ILR SET(O) form? so how do we prove that? I do have a brother here who is British citizen but thats about it.

[lboro]

I don't think they generally ask that question but I have had that some case worker (especially new starter) tends to like follow every bit on th guideline and it is worthy having an idea of how you respond to tricky questions

[bb21]

Hi, out of interest, does anyone know if P60 is required for application of ILR under 10-year rule as a student? I was advised on another forum that it is more than likely. Help appreciated

[RAJ2007]

bb21,

Why on earth they would ask it? The guidelines does not say that. The only thing they are interested is 10yrs continuous legal stay, other than PP and LIK test pass certificate.

[magsi23]

Raj is right, however if you do have any additional documents it wont hurt to take them with you.

[bb21]

The reason I'm asking is that I do have a small problem with working over the limit for a few months due to staff shortage. I understand it was stupid and have now rectified the situation so my next P60 for 2009-2010 should show a reasonable salary (2008-09 being £12950) therefore I really do not want to provide the 2008-09 one in case it raises a few eyebrows. An experienced user on the other forum sugggested that most ILR applications on the grounds of student visas would have P60's seen, which is a view backed by a few others, which I found strange given that P60s are a requirement under the 14-year concession but not the 10-year scheme. Although my current leave does not expire until January 2011 I'm sweating a bit in case anything goes wrong. Aside from this aspect I have complied with all other things and have 'continuous lawful residence' technically.

If you don't mind, my questions are:

1) Has anyone had any experience in applying under the 10-year rule on student visas at a PEO? If so, did they ask to see P60s or pay slips?
2) Given that PEO's normally require to see P60's for other categories, would the 2009-2010 one be sufficient on its own as section 5 of SET(O) form does not need to be completed by long residence applicants?
3) Do caseworkers have access to NI contribution database and do they use them?

I might come up with other questions later on but am really confused at the moment. Any help greatly appreciated.

[f2k]

The reason I'm asking is that I do have a small problem with working over the limit for a few months due to staff shortage. I understand it was stupid and have now rectified the situation so my next P60 for 2009-2010 should show a reasonable salary (2008-09 being £12950) therefore I really do not want to provide the 2008-09 one in case it raises a few eyebrows. An experienced user on the other forum sugggested that most ILR applications on the grounds of student visas would have P60's seen, which is a view backed by a few others, which I found strange given that P60s are a requirement under the 14-year concession but not the 10-year scheme. Although my current leave does not expire until January 2011 I'm sweating a bit in case anything goes wrong. Aside from this aspect I have complied with all other things and have 'continuous lawful residence' technically.

If you don't mind, my questions are:

1) Has anyone had any experience in applying under the 10-year rule on student visas at a PEO? If so, did they ask to see P60s or pay slips?
2) Given that PEO's normally require to see P60's for other categories, would the 2009-2010 one be sufficient on its own as section 5 of SET(O) form does not need to be completed by long residence applicants?
3) Do caseworkers have access to NI contribution database and do they use them?

I might come up with other questions later on but am really confused at the moment. Any help greatly appreciated.

As already pointed out by RAJ2007 and more importantly on the SET(O) form and guidance notes, P60 is NOT required. In your case you know one of them might give you a problem so why do you want to bring attention to the 'problem'.

P60s are asked for in the other routes cause they are employment routes

[bb21]

Cheers. That makes me feel a lot better

Still, does anyone know what the caseworkers check on their computer at the PEO? I guess they probably check the police database to see if you were committed of anything. Do they check NI database or have access to it?

[bb21]

Further still. I'm getting slightly confused by the maximum permitted number of absence days after reading other posts.

I originally thought the requirement for 10-year ILR is no more than 18 months away from the UK in total and no more than 6 continuous months away at any one time. Now some of the other posts are saying no more than 180 days in total and no more than 90 continuous days at any one time.

Was my original understanding incorrect? or do the 180/90-day rule only apply to HSMP and other employment based routes?

[magsi23]

Based on 10 yr LR, 18 months in total and not more than 6 months at anytime.