Set O guidance notes in new system

[shin25]

Hello Gurus,

I have couple of questions and cannot seem to find answers to it. please if you could reply?

1) I am currently British Citizen (got citizenship through Tier 1 -PBS - ILR - Citizenship) . My wife has completed 6 yrs as PBS dependant and am currently looking to apply for her ILR. I am using SET (O) form I believe this is correct? and not SET (M) as when I use the tool to check eligibility it shows to select Partner of British Citizen which automatically suggest I should use SET (M)? Is there any official link which states that even if you are a British Citizen if your spouse was a PBS dependant you need to use SET (O)?

Wife -
First Tier 1 Dependant - 28/11/12 to 03/05/14 (First entry - 16/12/2012)[
First extension - 01-04-2014 to 01-04-2017
Current extension - 18-02-2017 to 01-04-2020

ME -
ILR - 15/02/2013
Citizenship - 12/11/14 - 12/11/24

2) With the new online SET (O) form there doesnt seem to be any reference to bank statements or how much earning we need to show etc? I could not even find any guidance notes for SET (O) which used to be there earlier? I am a contractor should I show my earnings + dividents and a letter from accountant showing earnings in last 12 mnths? Should I have to add my company annual report as well? Where is the guidance for this? There isn't any link on the online SET (O) form?

3) Does absences qualify for depenants?

[CR001]

1. The online checker will give you Set M as you have put you are British. She cannot use Set M as she DOES NOT hold a spouse settlement visa. A PBS Dependent can ONLY apply using SET O. If you use Set M, you will likely get a refusal.

immigration-for-family-members/dependan ... 14832.html

2. There is no 'earning or financial' requirement for Set O. See link below for archived paper form and guidance notes.

https://webarchive.nationalarchives.gov ... -form-seto

3. There is NO absence limit for PBS Dependents whose visas were ISSUED before 11th January 2018.

[shin25]

Hi CR001,

Thanks very much for a very quick response, highly appreciated.

The online checker will give you Set M as you have put you are British. She cannot use Set M as she DOES NOT hold a spouse settlement visa. A PBS Dependent can ONLY apply using SET O. If you use Set M, you will likely get a refusal.

immigration-for-family-members/dependan ... 14832.html

1) With regards to the this I will apply using SET (O). I did go through this link but could not find any explicit text which mentions that even if the main person has moved from PBS to Citizen the dependent still needs to apply considering they were pbs. But I get your gist and will apply for SET (O). Thanks again.

There is no 'earning or financial' requirement for Set O. See link below for archived paper form and guidance notes.

https://webarchive.nationalarchives.gov ... -form-seto

2) Thanks again for sending this link, it is very useful as I was not able to find these online. I do see there are some references to monthly expenditure etc, i am assuming this does not need to be put in the online form? Do I need to send Bank statements and letter from accountant? The reason I ask is because in the list of documents mentioned in the "online form" it does mention that my wife needs to get a consent letter signed so that UKBA can contact the bank if they need to do any inquiry. I am assuming this it to check for minimum amount that needs to be kept in the bank?

3. There is NO absence limit for PBS Dependents whose visas were ISSUED before 11th January 2018.

3) Thanks again, sorry to bother but would you think you could give me the link where this is mentioned?

4) Another question - Is there any deadline to this ILR Dependant route? This will not close down or anything ? After Jan 2019 this service will still be there correct? It would only be handled via Sopia steria?

[CR001]

The online checker will give you Set M as you have put you are British. She cannot use Set M as she DOES NOT hold a spouse settlement visa. A PBS Dependent can ONLY apply using SET O. If you use Set M, you will likely get a refusal.

immigration-for-family-members/dependan ... 14832.html

1) With regards to the this I will apply using SET (O). I did go through this link but could not find any explicit text which mentions that even if the main person has moved from PBS to Citizen the dependent still needs to apply considering they were pbs. But I get your gist and will apply for SET (O). Thanks again.

Immigration rules part 8, 319E clearly states the eligibility if the main PBS visa holder obtained ILR or British citizen.

https://www.gov.uk/guidance/immigration ... ly-members

There is no 'earning or financial' requirement for Set O. See link below for archived paper form and guidance notes.

https://webarchive.nationalarchives.gov ... -form-seto

2) Thanks again for sending this link, it is very useful as I was not able to find these online. I do see there are some references to monthly expenditure etc, i am assuming this does not need to be put in the online form? Do I need to send Bank statements and letter from accountant? The reason I ask is because in the list of documents mentioned in the "online form" it does mention that my wife needs to get a consent letter signed so that UKBA can contact the bank if they need to do any inquiry. I am assuming this it to check for minimum amount that needs to be kept in the bank?

There is NO maintenance fund requirement and NO minimum amount to be kept in the bank. HO only wants to see evidence of your salary/bank statements to prove you can support your dependents. Again, there is NO minimum income requirement either.

3. There is NO absence limit for PBS Dependents whose visas were ISSUED before 11th January 2018.

3) Thanks again, sorry to bother but would you think you could give me the link where this is mentioned?

See link below which details the changes earlier this year.

uk-tier-1-general-dependent-visas/ilr-t ... l#p1571196

4) Another question - Is there any deadline to this ILR Dependant route? This will not close down or anything ? After Jan 2019 this service will still be there correct? It would only be handled via Sopia steria?

No there is no plan to close PBS Dependent to ILR route and not sure why you believe this might be a possibility. The Immigration Rules have NOT changed, it is ONLY the application process that has changed. She cannot apply for ILR any sooner than within 28 days before reaching the 5th anniversary of her original visa issue date, applying online and using the new service for biometics etc.

[shin25]

Did I just say you are Awesome ..

I really appreciate your insights into this and thanks a lot for clarifying all my doubts. I was a bit tensed as there wasnt a lot of information after they moved to the Online form.

With regards to point 4 above I asked because in the tool it still gives me the option to go via the premium service or the new service (even though the premium service is not longer there and no appointments are available and the help document suggest that this option will be given till end of Jan.) I assume what they meant is they might completely remove the old option in Jan.

I believe based on all your inputs I only need the following to be submitted/considered (Please correct if that is not the case)

1) 5 Yrs completion (which my wife has done it this year Feb 2018)
2) Life in UK test
3) Marriage certificate to show we are still married, may be council tax or utility bill to show co habitation
4) English language NARIC comparision certificate
5) I might get a accountant letter as my salary is drawn less and dividends are more, so not to confuse the case worker.
6) Passport (mine and wife)

Can I also ask if you or anyone you know have used the new service. I may use the 24 hrs turnaround time Is this similar to the premium service where we have a direct interaction with the case worker should in case you need to discuss anything after the outcome of your result or do they just inform you via a post or email or something in the next 24 hrs of your outcome? which may be similar to the postal option except its decision is given in a day. The reason I ask is I have seen cases with my friends where they were given the wrong decision and they appealed straight away (because they were using the premium service and didn't leave the building) and after showing them the right guidance notes etc they changed their decision and approved them. I know atleast 2 people for whom this thing happened.

[CR001]

Can I also ask if you or anyone you know have used the new service. I may use the 24 hrs turnaround time Is this similar to the premium service where we have a direct interaction with the case worker should in case you need to discuss anything after the outcome of your result or do they just inform you via a post or email or something in the next 24 hrs of your outcome? which may be similar to the postal option except its decision is given in a day. The reason I ask is I have seen cases with my friends where they were given the wrong decision and they appealed straight away (because they were using the premium service and didn't leave the building) and after showing them the right guidance notes etc they changed their decision and approved them. I know atleast 2 people for whom this thing happened.

The new service is NOT like the old premium service (which is only available for certain applications till early or mid January). With the new service, you are not attending an appointment with HO directly like the premium service centres and you don't see a caseworker at all. Sopra is a third party agent and only facilitate your supporting documents check and biometrics. They also have no input or influence or offer advice on your application and they certainly do not assess your application and give you a decision, that is done by HO and comes from HO.

The 24 hour service is 24 business hours in most cases, sometimes longer as members have posted their experience in the link below.

general-uk-immigration-forum/ukvcas-sup ... 5-900.html

[shin25]

HI CR001,

Thanks again for the insights, I did go through the forum and I think there is quite some delays. I do miss the premium service though atleast we had an audience with the case worker if we had to communicate something.
Further please can you confirm if all the points I mentioned above are sufficient or is there any thing else I need to submit? What do they generally look for during a SET(O) dependant route?