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SET(O) Application Guidance

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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mazzini_ja
Newly Registered
Posts: 16
Joined: Thu Jun 13, 2013 11:35 pm
Location: London

SET(O) Application Guidance

Post by mazzini_ja » Thu Jun 13, 2013 11:59 pm

Hello all,

I have been residing in London since September 2004 originally under the Student Visa which was issued for my Graduate degree and I subsequently obtained a five year UK Work Permit Visa soon after my graduation in July 2008, which commenced from 19 August 2008 and is valid until 19 August 2013. This visa category was closed on 27 November 2008 by UKBA and was replaced by Tier 2 (General). I will soon be applying for Settlement as a Work Permit Holder (visa issued before Tier 2 came into effect) using the Set (O) application form.


I have been employed with the same employer since August 2008 and will be completing five years with them in August this year. During the last five years, I have not been away from the country for a total of 180 days and have not exceeded 90 days over a single trip. I have already passed the Life in the UK Test earlier in January this year. I meet the minimum annual pay requirement for the relevant SOC code under the Code of Practice set out by UKBA.


I would most appreciate if you could please advise regarding the following inquiries:


- What counts as the five year continuous period? Would 4 years 11 months be sufficient to make an application? Can I apply in person for settlement at one of the Public Enquiry Offices on or after 22nd July 2013 (as this will not be more than 28 days before my visa expires)? Do I need to take into account the date when my employment started which was 26th August 2008 or is it the visa date 19th August 2008 which should be used for calculating the 28 days?


- What document can I provide to confirm that I have spent a continuous period of 5 years in the UK as a work permit holder - would my passport suffice or do I need any other evidence, for instance an employer’s letter stating that I have been employed with them since 26 August 2008 and my visa was granted on 19th August 2008?


- I would really appreciate if someone could provide the template letters for the following evidences:
1. Letter(s) from employer detailing reasons for work-related absences including periods of paid annual leave from the UK?
2. A document from the employer named in your current work permit containing the following information:
- confirmation that you are still required for the employment in question, and
- the nearest applicable Standard Occupational Classification (SOC) code which best describes your employment
- Your current rate of pay (this should be given in the same format as given in the codes of practice, for example hourly rate or yearly salary), and
- confirmation that this is at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors.


- I also have some specific queries on the Set (O) application form which I need a second opinion on.

Many thanks and look forward to hearing from you all soon.

Kind regards,

Mazzini
Last edited by mazzini_ja on Sat Jun 15, 2013 1:16 pm, edited 2 times in total.

wpilr_nov12
Diamond Member
Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Re: SET(O) Form and Application Guidance

Post by wpilr_nov12 » Fri Jun 14, 2013 12:51 pm

mazzini_ja wrote:Hello all,

- residing in London since September 2004 - Student Visa
- obtained a five year UK Work Permit Visa in July 2008, valid 19 August 2008 to 19 August 2013.
-applying for Settlement as a Work Permit Holder
-Set (O) application form.


-same employer since August 2008
-completing five years with them in August this year 2013
- not been away from the country for a total of 180 days
- not exceeded 90 days over a single trip.
- passed the Life in the UK Test earlier in January this year.
- meet the minimum annual pay requirement.


I would most appreciate if you could please advise regarding the following inquiries:


- What counts as the five year continuous period? The period of your WP Would 4 years 11 months be sufficient to make an application? Can I apply in person for settlement at one of the Public Enquiry Offices on or after 22nd July 2013 (as this will not be more than 28 days before my visa expires)? You can apply upto 28 days prior to completing 5 yrs in WP. Do I need to take into account the date when my employment started which was 26th August 2008 or is it the visa date 19th August 2008 which should be used for calculating the 28 days?


- What document can I provide to confirm that I have spent a continuous period of 5 years in the UK as a work permit holder - would my passport suffice or do I need any other evidence, for instance an employer’s letter stating that I have been employed with them since 26 August 2008 and my visa was granted on 19th August 2008? Passport, WP letter, 5 yrs P60 if you have, etc.


- I would really appreciate if someone could provide the template letters for the following evidences: (see stickies above)
1. Letter(s) from employer detailing reasons for work-related absences including periods of paid annual leave from the UK?
2. A document from the employer named in your current work permit containing the following information:
- confirmation that you are still required for the employment in question, and
- the nearest applicable Standard Occupational Classification (SOC) code which best describes your employment
- Your current rate of pay (this should be given in the same format as given in the codes of practice, for example hourly rate or yearly salary), and
- confirmation that this is at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors.


- I also have some specific queries on the Set (O) application form which I need a second opinion on.

Many thanks and look forward to hearing from you all soon.

Kind regards,

Mazzini
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

mazzini_ja
Newly Registered
Posts: 16
Joined: Thu Jun 13, 2013 11:35 pm
Location: London

Post by mazzini_ja » Fri Jun 14, 2013 10:03 pm

Thanks for your response wpilr_nov12 - gives more confidence on how I interpreted things!

I was hoping you will be able to assist me with the questions on the actual application form (Set O Version 04/2013) I have raised under a different thread. I need second opinion.....

http://www.immigrationboards.com/viewto ... 948#859948

Cheers mate!

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