Preparing for SET(LR) application - questions

[miaomiao]

Hello,

I'm preparing for an application based on long residency of 10 years. My visa situation runs as follows (please say if anything seems incorrect for this visa) :

-September 2003 - Student visa (stamped in passport) until end October 2004)
-end September 2004 - end September 2005: Working Holiday Maker visa
-October 2005 - end Jan 2013: Tier 4 Student with renewals
-(processing time for new visa: Jan - March 2013)
-current FLR(M) Spouse visa until September 2015

I have been here legally for 10 years and only out of the country for short breaks which I can account for on SET(LR) form. Shortly I'll take the Life in the UK Test and then can apply from 28 days before 10 years. I am certain I will pass and I am from a country exempted from the language test.


But, here are my questions:

1. Is there a financial income requirement for SET(LR) visas? I can't see a set amount the way that other visas require this. I can send along my bank statements for the entire time, but I do not personally have a large income. I am currently finishing a doctoral degree and supported by my husband (as proven in FLR(M) visa application). I hoped we didn't have to send all his documentation of income along again, but it that's what's necessary...

2. Some of the required documentation I do not have (although I guess I could get it or a letter confirming this sort of thing). For instance, council tax bills as I have been a student for a lengthy time and was included on my now-husband's council tax bills (we've spoken to our council and they acknowledge me but don't want to list me as a 'payer' due to student exemption). The same applies to utilities bills, doctor's bills, etc: I have some spread across the years, but not for all years. Again, my husband has paid for utilities while we lived together as the utilities companies don't want to legal hassle of 2 people responsible for payment (their words, not mine).

3. The landlord's letter: We are both named on our letting agreement. Would that be enough proof? (It was for FLR(M) - why don't they standardise these requirements...)

4. Letter from an employer. Although I am employed or have correspondence about part-time employment, I am not in full time employment due to study.

Thank you very much for any help you may offer. I'm keen to apply in the event that the government removes this category in the future. The applications are such a palava...

[miaomiao]

Anyone?

Thanks in advance.

[Amber]

If you have passport(s) for the 10 year period that should suffice.

[miaomiao]

Thanks D4109125/Amber.

Can anyone speak to the query about whether this is financial support bit or if my current low income earning will be a problem? We rely on my husband's fulltime income.

And do the Life in the UK Test requirements begin only on 28th Oct 2013? I can't see whether it's require now.

[Amber]

Good morning

I'm hoping to send off my application for a SET(LR) visa based on 10 years living in the UK. I'd be very grateful if someone could help with the question in bold

My immigration history is as follows:
Visa start Visa end Category, Place of Issue
16/09/2003 30/10/2004 Student, Heathrow Airport, London, UK
29/09/2004 29/09/2006 Working Holiday Maker British High Commission, Ottawa Canada
23/09/2005 31/01/2010 FLR(S) STUDENT Croydon, UK
12/03/2010 30/07/2011 Tier 4 (General) Student UK
26/04/2011 31/01/2013 Tier 4 (General) Student UK
06/03/2013 06/09/2013 Spouse/Partner UK

My Working Holiday Visa was issued in Canada while I was on vacation there; however, I was still living at that time in the UK on a valid visa. Does this still qualify for the 10 year period?

Many thanks!

So far so good.

You haven't mentioned anything about your days out of the UK and when did you actually apply for Spouse/Partner visa and where?

Mean while have a read through Long residence and private life

So far so good.

You haven't mentioned anything about your days out of the UK and when did you actually apply for Spouse/Partner visa and where?

Mean while have a read through Long residence and private life

Thanks so much! I thought I'd ask that question first about the Working Holiday visa as I'd had to get it in Canada (but I was not on an expired visa at that time or anything).

So, over in the period of 2003-2013 I've been out of the UK for 117 days vacation and 186 days university research related to my PhD study. I was never out of the country for more than 180 days in any given year.

And the Spouse/Partner visa I am currently on was granted 06/03/2013 and is valid until 06/09/2013 and was granted in the UK.

I'd be very grateful for any comments you have.

Cheers!

And the Spouse/Partner visa I am currently on was granted 06/03/2013 and is valid until 06/09/2013 and was granted in the UK.

Again, I think you missed my question. I understand you were granted Spouse visa on 06/03/2013 but is this the Application date as well?

What visa were you between 31/01/2013 to 06/03/2013? Were you covered under Section 3C?

[miaomiao]

And the Spouse/Partner visa I am currently on was granted 06/03/2013 and is valid until 06/09/2013 and was granted in the UK.

Again, I think you missed my question. I understand you were granted Spouse visa on 06/03/2013 but is this the Application date as well?

What visa were you between 31/01/2013 to 06/03/2013? Were you covered under Section 3C?

[/quote]

Apologies! I applied for the Spouse/Partner visa on 29/11/2012 (correspondence indication application received by UKBA dated 03/12/2012) and this was applied for within the UK.

Thank you for double checking.

[Damanisshallo]

All looks good and my concerns are with the below.

So, over in the period of 2003-2013 I've been out of the UK for 117 days vacation and 186 days university research related to my PhD study. I was never out of the country for more than 180 days in any given year.

I understand the "not more than 180 days in a given year" applies to economic route and not LR and I hope you got some backing from your University for this 186 days.

Events that break continuous residence
Continuous residence is considered to be broken if the applicant has:
 been absent from the UK for a period of more than 180 days at any one time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK

[miaomiao]

All looks good and my concerns are with the below.

So, over in the period of 2003-2013 I've been out of the UK for 117 days vacation and 186 days university research related to my PhD study. I was never out of the country for more than 180 days in any given year.

I understand the "not more than 180 days in a given year" applies to economic route and not LR and I hope you got some backing from your University for this 186 days.

Events that break continuous residence
Continuous residence is considered to be broken if the applicant has:
 been absent from the UK for a period of more than 180 days at any one time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK

Thanks. I had a look again at my dates and noticed a mistake during the one year I was not studying which should have been in vacation column. Therefore, it should have been that I was away for 180 days for university research, not 186, and 123 for vacation. These dates are a total for over 10 years and I was never away 180 days in one year.

The information you quote from "Long Residence @ page 13" is based on the 10 year long residence so I thought that it would qualify - the statement of 'at any one time'. My dates weren't at any one time, but were over 10 years and I did have valid leave to remain at all times.

Sorry if I am missing anything. I am truly trying to understand!

[Damanisshallo]

Okay as long as your over all days out of the UK are less than 540 and you've never been out of the UK for more than 180 days in one go, you should be fine.


Good Luck.

[miaomiao]

Okay as long as your over all days out of the UK are less than 540 and you've never been out of the UK for more than 180 days in one go, you should be fine.


Good Luck.

Thanks! That's what I thought too. Much appreciated!

[yukikawamoto1]

I have sent off my settlement residential permit in June and was wondering if you have been absence for less than 28 days, will that still count as a month absence or will they just ignore it as i've been going abroad for like two weeks occasionally ? Because overall, you can only be absence for 540 days which is equivalent for 18 month!