IRL immediately with KOL req endorsement...questions

[Red Sea Angel]

My husband applied for a settlement spouse/cp visa (kol req.) back in April which was granted last week, thankfully just before the new rules come into effect!

We are planning on moving to the UK in August, and in an effort to get all of the 'visa stuff' over and done with, he hopes to do the KOL as soon as we arrive and once passing apply immediately for ILR with a PEO appointment.

Firstly, I am wondering which form he ought to use for his application. I know under the normal circumstances it would be SET(M) since he is the spouse of a British citizen. However, it states at the beginning of the form that it's only to be used after spending 2 years in the UK, yet the terms of his visa endorsement are that he can apply for ILR as soon as he has passed KOL..... Alternatively there is SET(O) which has a catagory for "applications not covered by other forms". I'm a little confused (and it feels like it doesn't take much to confuse me with these forms/rules/regulations!). Which is the correct form for his ILR application, based on him having the KOL endorsement on his settlement visa?

Secondly, does anyone have any experience or expertise in applying for ILR only shortly after arriving to the UK on the settlement (KOL req) visa. To clarify, the supporting documents asked for on both application forms mentioned above are based on the applicant having spent at least 2 years in the UK, so providing bank statements, utility bills, wage slips etc ought not to pose a problem. But for someone only recently arrived, it's a problem....especially since we will initially be staying with my family so will have no utilities/statments in our/his name! Do people normally wait to have these things before applying? Do they have to? Is it extremely naive of me to wonder....since the only thing that prevented ILE being granted was the lack of KOL, it may be possible to apply with just that??

Thanks for taking the time to read my ramblings! Any help or insights anyone can offer would be much appreciated.

[asim72]

ILE use to be ILR when a person arrived in UK. But then having KoL became a requirement for ILR and things changed.

Your husband actually does not have what used to be ILE. He has spouse visa for 27 months.

He will have to apply for ILR on form SET(M), but he won't have to clock 2 years residence to apply for SET(M). He can apply as soon as he has KoL.


Common sense would say that he will not have to show proofs of cohabiting in UK, as he proved everything beyond doubt, thats why he got settlement
spouse visa /kol reqd.

Perhaps someone else can clarify this point further.

[Lucapooka]

I completely agree with the caveat that, upon arrival in the UK, the longer you wait to switch to ILR, the more likely you will require evidence of co-habitation. If he arrives in the UK and takes the KOL immediately, he should be able to switch without any need to provide a paper trail of bills and letters to a common address in the UK as its obvious that there has been insufficient time to accumulate any.

[Red Sea Angel]

Thank you for your replies......

asim72 ~ Thank you for clarifying which form we need to complete for his ILR application. I agree that common sense dictates further documentary evidence ought not to be required, but in my limited experience with UKBA and their partners, common sense seems to be in short supply!

Lukapooka ~ Thank you for your comments. This is exactly what I said to my husband, and the reason we hope he can take the KOL and apply for ILR shortly after arriving to the UK. Anything to minimise the paperwork

Wish us luck!