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solstince
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SET(LR) potential complexities/questions - its asking for SET(M) not SET(LR) documentation?

Post by solstince » Sun Nov 07, 2021 3:36 pm

Entered UK Aug 2011, currently on FLR(M) which expires July 2022. Continuous lawful residence no gaps, overstays, or refusals ever (visas have been, in order since 2011: Tier 4 no1, Tier 4 no2, Tier 4 no2 extension, FLR(M), and FLR(M) extension). Never out of UK more than 30 days at once, out about 300 days total in the 10 years. With partner 13 years, cohab 7 years, but not married.

1) My primary question, the one that is actually stressing me out, is confusion over the required docs it has told me I must provide for a SET(LR). Based on understanding from forums and talking directly to solicitors, I was told they would NOT require any proof of cohabitation documents for my 10 year LR visa app, because it has ‘nothing to do’ so to speak with my partner. Given this, I have been rather lazy about keeping post letters/bills the last two years (whereas during the lead up to the FLR(M) applications I was obsessive). Yet, when I have just gone to do the application, it says required docs: joint letters of cohabitation, just like it had in the past on FLR(M) and what would be expected from SET(M), not SET(LR). This has fully stressed me out! I can scrounge together probably just barely enough joint documentation (or close), but I didn't expect it to be required- what is going on? They also want my partner's identity document- which of course can provide, but again, why do they need documentation for my partner at all if its on the basis of ME living lawfully in the UK for 10 years continually? Have they recently changed this, why else did so many advise me including solicitors it wouldn't’ be required?

2) Timing: The other main thing I have questions on. I am ready to submit my application. My issue is that I do not want to get 'trapped' in the UK over Christmas (mid Dec- early Jan) as I am due to help my elderly parent in the USA during this time. From tonight, I plan to try daily (nightly) to get a super priority appointment and try this for a couple weeks. At some point, it will get too close to Christmas to have time to do a super priority appointment, do biometrics and get a decision + BRP posted and still fly by mid/late December. Can anyone give me an idea of how what sort of appointment options I will see if I can get through to a super priority slot, and the max amount of days from that appointment slot I should have BRP (IF the decision is next working day). This will help me plan at what point I should give up on super priority and simply wait until I'm back in early January and start trying again for super priority for a while, and potentially give up and do standard as a very last resort. (I want to avoid standard in general as I have an elderly parent so want to be able to travel quickly to USA without having an outstanding visa application)

3) CCJs. I have three CCJs for small debts, two from 2017 and one from early 2019. On the application form, I declare each separately and put the same comment (that a period of financial hardship in 2017 and 2018 caused me to get the CCJs, that I have taken steps to make sure never happens again, and that they are settled in full. I then have the same text I use on the application form in my cover letter. I considered including the registry trust certificates that show they are satisfied in my supporting documents, but now I am thinking I may not, because they can look this information up themselves and because they were all three only fully satisfied in July 2021 (FYI they were in payment agreements until then being paid down). I’m not missing anything I should be doing differently here, right? I declared them/included them the same way for my FLR(M) in 2019, the difference being that then I said they were ‘under payment agreement’ whereas now it says ‘fully satisfied’.

4) Complex app or not? With the CCJs above and also one reckless driving charge that is 14 years old (2008, served no jail, one day community service + fine), is the combination of those two things enough to make the application complex enough for problems with super priority? Note that these issues didn't prevent an immediate approval for super priority for FLR(M) 2 years ago, but that was a different route, I assume they care more about character for ILR. The reckless driving charge has full documentation in supporting documents (court docket etc) and I have included the exact same documentation on each of my past five UK visa applications.


5) I’m pretty sure its fine but...The ‘do you have a social network in the USA’ question I answered ‘yes’, but under the explanation I just said I don't actually have existing social networks, just one good friend. I have lost touch with most old contacts. But surely I shouldn't’ say ‘no’ to this question because I mean, I guess I have/could create more of a network in the USA than someone who didn’t live there the first two decades of their life. But the wording is weird to me- as I dont actually maintain a social or professional network over there, other than one good old friend and my three family members. Everything about my professional and social life is pretty much all UK for the last 10 years, but I visit the USA two times a year purely to see my handful of family members, and ONE friend but that’s it. What are they actually trying to get at with this question?


Any insight especially on (1) and (2) is so appreciated!

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Re: SET(LR) potential complexities/questions - its asking for SET(M) not SET(LR) documentation?

Post by zimba » Sun Nov 07, 2021 6:01 pm

1. This is a common question asked regarding SET(LR) here. It has caused a lot of confusion so I blame the generic online document list that you get at the end of the application. That list incorrectly asks for the cohabitation documents which is NOT required at all under the long residence route as per immigration rules. Under the long residence route, you are applying based on your private life so you must apply on your own and qualify on your own. Your relationships, partner, any dependants, etc are therefore NOT relevant at all. You simply need all your passports and Life in the UK. As you are from the US then there is no English language requirement either.

2. Asked again a lot here. Getting a super-priority service is NOT guaranteed and depends on UKVI's limited capacity. If there is no capacity, then it is not offered and you will not see that option. By the look of it, they are very very busy and so it is very unlikely you get one. As you have a valid visa until after Xmas, then I suggest applying after you return in 2022 rather than now.

3. Sounds good. CCJs generally should have no effect on ILR as debt is a civil issue unless you have a lot of debt and you have been totally irresponsible.

4. You are overthinking this. There is nothing that should make this complicated

5. It is not an important question at all. However long residence ILR is considered a 'human rights' application so they must consider all the factors. Some people who apply under the 'private life route' do NOT normally qualify for ILR (unlike you), so UKVI needs to see if there are any reasons why rejecting ILR will be an issue for them as per Article 8 of human rights. So do not worry about this
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

solstince
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Re: SET(LR) potential complexities/questions - its asking for SET(M) not SET(LR) documentation?

Post by solstince » Sun Nov 07, 2021 7:32 pm

Zimba wrote:
Sun Nov 07, 2021 6:01 pm
1. This is a common question asked regarding SET(LR) here. It has caused a lot of confusion so I blame the generic online document list that you get at the end of the application. That list incorrectly asks for the cohabitation documents which is NOT required at all under the long residence route as per immigration rules. Under the long residence route, you are applying based on your private life so you must apply on your own and qualify on your own. Your relationships, partner, any dependants, etc are therefore NOT relevant at all. You simply need all your passports and Life in the UK. As you are from the US then there is no English language requirement either.
Thank you. This is comforting to hear, and matches with what a solicitor said. However, I'm still hugely stressed now- it seems counter-intuitive to not upload after it's included it to upload, and yet what I have isn't much (possibly bank statements in his name alone, and my name alone, that the bank could print that was back dated...then two joint source docs. But that's IT! Haven't been collecting anything at all so that is just post happen to have saved for other reasons.)
Also, a senior member on another form (member that's been giving immigration advice for years and years on there- indeed helped me with orig apps in like 2011/2012 and seems highly respected) just responded saying these ARE required and she is sorry that useless solicitors told me otherwise. So I am just confused and stressed as hell now, because a solicitor and yourself are telling me absolutely don't worry, but the person on the other board and the website itself would indicate that I should worry. :shock: :shock: :cry: :cry:
2. Asked again a lot here. Getting a super-priority service is NOT guaranteed and depends on UKVI's limited capacity. If there is no capacity, then it is not offered and you will not see that option. By the look of it, they are very very busy and so it is very unlikely you get one. As you have a valid visa until after Xmas, then I suggest applying after you return in 2022 rather than now.
Yes, I realise that super priority is not guaranteed and have spoke to solicitors the past months about what they are seeing in terms of how many of their clients getting through. So I'm aware of all that, what I wasn't aware of is if I can get a slot and it allows me to pay for super priority, at what point I would be able to pick the appointment and if they are from the point of payment guaranteed from a certain point (ie no more than 2 weeks from after paying). Waiting until after Christmas is extremely stressful for a variety of reasons, so I will be trying to submit super priority every single day right up until early December when it becomes clear there is no way I could travel at Christmas at all. It's sounding to me like the buffer between paying super pri and getting BRP is 3-4 weeks (ie, the last time I should try before giving up to fly on Dec 25th is around Dec 1st-ish, to allow time for both appointment and to get BRP?)
3. Sounds good. CCJs generally should have no effect on ILR as debt is a civil issue unless you have a lot of debt and you have been totally irresponsible.
4. You are overthinking this. There is nothing that should make this complicated
I hope so- neither caused issues for my FLR(M) visas, but I assume they are more stringent about enforcing the good character requirement for ILR, and three CCJs seems rather a lot, although the most recent was almost 3 years ago.
5. It is not an important question at all. However long residence ILR is considered a 'human rights' application so they must consider all the factors. Some people who apply under the 'private life route' do NOT normally qualify for ILR (unlike you), so UKVI needs to see if there are any reasons why rejecting ILR will be an issue for them as per Article 8 of human rights. So do not worry about this
I see! Anyway, I changed it to 'no' because truly, I have zero social networks maintained in USA other than my three immediate family members and close childhood friend- which I realised is already covered under the friends and family section.

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Re: SET(LR) potential complexities/questions - its asking for SET(M) not SET(LR) documentation?

Post by CR001 » Sun Nov 07, 2021 7:45 pm

Do not submit unnecessary documents. The checklist is NOT accurate. Follow the rules and guidance, minimal documents.

Note that super priority is a UKVI service and has nothing to do with your UKCVAS appointment or when you get one. UKCVAS is a third party agent purely for identity check and biometrics, which generally has its own separate fee.

If super priority is available, you get the option before the ilr payment page.
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Re: SET(LR) potential complexities/questions - its asking for SET(M) not SET(LR) documentation?

Post by solstince » Sun Nov 07, 2021 7:51 pm

CR001 wrote:
Sun Nov 07, 2021 7:45 pm
Do not submit unnecessary documents. The checklist is NOT accurate. Follow the rules and guidance, minimal documents.
Thank you- again this is comforting, but hugely confusing, to ignore what their actual website is telling me to upload. I think that's really making my head spun is that two senior 'expert' members on another forum are directly contradicting this and saying it IS required to show you have been keeping to your current visa requirement the last two years. :? :? They even said the reason its only asking for cohab and not financial requirement is because the financial requirement is only due at time of FLR(M) application whereas the cohab requirement continues. Which actually kind of makes sense.

I am sick with worry because online experts, the actual application website, and solicitors are completely contradicting each other, and there is so much at stake, and I'm in the middle of fertility treatment and supposed to be avoiding stress- but not having ILR yet is my biggest source of stress and now not being sure can apply via LR with correct docs is like some sort of nightmare!

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Re: SET(LR) potential complexities/questions - its asking for SET(M) not SET(LR) documentation?

Post by CR001 » Sun Nov 07, 2021 7:59 pm

Stop listening to people and reading all sorts and follow the guidance and rules. Set LR does NOT require all the extra evidence. It is minimal documents required as you are not applying based on FLR m or any other visa route.
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Re: SET(LR) potential complexities/questions - its asking for SET(M) not SET(LR) documentation?

Post by solstince » Sun Nov 07, 2021 8:21 pm

CR001 wrote:
Sun Nov 07, 2021 7:59 pm
Stop listening to people and reading all sorts and follow the guidance and rules. Set LR does NOT require all the extra evidence. It is minimal documents required as you are not applying based on FLR m or any other visa route.
Thank you. I can't actually find in the guidance a lot of detail on this route compared to to when I was dong FLR(M)s. Can someone link me to the official guidance for SET(LR) as i fear I am missing something. I've seen (https://assets.publishing.service.gov.u ... gov-uk.pdf) and (https://www.gov.uk/long-residence/docum ... st-provide) and that's it, is there another official guidance doc?

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Re: SET(LR) potential complexities/questions - its asking for SET(M) not SET(LR) documentation?

Post by CR001 » Sun Nov 07, 2021 8:24 pm

Those are the documents you need.
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Re: SET(LR) potential complexities/questions - its asking for SET(M) not SET(LR) documentation?

Post by solstince » Sun Nov 07, 2021 8:31 pm

Thought of another question. Looking over application carefully before will try for first time tonight to get a super priority spot and actually submit. Even though I declared my three CCJs (all minor, satisfied, and 3-4 years old) and my spent reckless driving from 2008 (no jail time), I didn't catch the part where it said 'do you have any cautions or warnings'


What did you get?
(Required)
A caution
A warning or reprimand
A fixed penalty notice
Other

Bit confused about this. Do they really want you to declare parking fine PCNs that were paid right away and never turned in to a debt/judgement? If so I'm not sure I could find the info anywhere. Also, what does a 'warning' mean? I had a speed camera catch me a few years ago, but I didn't actually get a fine or any points on my license since it was my first ever time speeding and I attended a class on speed awareness. Does that count? And if I can't find details should I just estimate approximately what year it was that happened? It might have even been before my last FLR(M) app, so hesitant to include something here that should have been included there?

Thank you!

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Re: SET(LR) potential complexities/questions - its asking for SET(M) not SET(LR) documentation?

Post by zimba » Sun Nov 07, 2021 11:14 pm

The person on some other board who has advised you should clearly refrain from giving advice particularly that they seem to be totally ignorant of the immigration rules.

Here is the official guide on the long residence: https://assets.publishing.service.gov.u ... gov-uk.pdf

Here is the actual immigration rules part 7 (there is a dedicated section on the long residence rules): https://www.gov.uk/guidance/immigration ... categories

Anyone giving advice must be able to justify their advice as per these sources. I suggest challenging anyone who gives advice. You should demand that they justify it based on the official sources. In this instance, the solicitors are correct. This advice has been given to many on this forum without any issues. The online checklist has no value. It is generic and quite inaccurate. We advise people here regularly on this

Please also note that if you apply for super-priority service you may not get a decision quickly, so do not make assumptions.

PCNs do NOT need to be declared. The speed awareness class is totally irrelevant to good character.
In the UK, a warning is called also Police caution. Unless you have been 'cautioned' by the police, you do not have a warning.
See: https://www.gov.uk/caution-warning-penalty

Please note that UK criminal law terminology is not very intuitive. In a nutshell, largely serious recordable offences affect ILR and mostly the last 24 months matter. The 'recordable offences' are serious offences in which you could be sent to prison for them and they are recorded on your criminal record.

There is a whole guide on this if you want to waste some time: https://assets.publishing.service.gov.u ... idance.pdf
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Re: SET(LR) potential complexities/questions - its asking for SET(M) not SET(LR) documentation?

Post by omarmansour » Sun Nov 21, 2021 1:01 pm

Hi- Sorry to barge in- just wanted to check if you were able to apply using the super priority service or you have decided to wait?

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Re: SET(LR) potential complexities/questions - its asking for SET(M) not SET(LR) documentation?

Post by solstince » Wed Dec 01, 2021 9:33 pm

Hi, yes I got a super priority appointment. Haven't had it yet, but it is booked

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No mandatory documents section on the external party document upload website?

Post by solstince » Wed Dec 01, 2021 9:37 pm

Hi again,
I have gotten my super priority appointment scheduled for next week for SET(LR) and gone to upload all my documents.

However, there is no way to upload anything under 'Mandatory Documents' section! There's no subheading and no way to upload anything there. Under Optional Documents, there is tons of sections- including Identity, Education, etc etc all the expected categories.

I can upload everything under the Optional section, but it is very disconcerting to see this because obviously things like BRP and old passports are mandatory. I'm worried there is a website bug that will make them think I didn't include things when I actually did under Optional. Is this a known bug or what?

Also, what section should I upload the signed 3rd party consent forms under? 'Other'? Or 'Application Proof'?

Thank you!

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Re: SET(LR) potential complexities/questions - its asking for SET(M) not SET(LR) documentation?

Post by CR001 » Wed Dec 01, 2021 10:21 pm

solstince wrote:
Wed Dec 01, 2021 9:33 pm
Hi, yes I got a super priority appointment. Haven't had it yet, but it is booked
Super priority is NOT the biometric appointment with UKCVAS. Super priority has nothing to do with UKCVAS who is a third party agent.

Super priority is a service you pay for UKVI/HO and is not guaranteed either.
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Re: No mandatory documents section on the external party document upload website?

Post by solstince » Wed Dec 01, 2021 11:05 pm

Sorry, meant to say i got my super priority service paid which allowed me to book an appointment, which I have not yet had so can't report on how the super-priority timeline went or not- but hope they make the decision in 24 hours after appt as they did the last time I used the service.

Can anyone answer the missing mandatory documents section or where to put the signed consent documents?

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Re: No mandatory documents section on the external party document upload website?

Post by AmazonianX » Wed Dec 01, 2021 11:50 pm

solstince wrote:
Wed Dec 01, 2021 11:05 pm
Sorry, meant to say i got my super priority service paid which allowed me to book an appointment, which I have not yet had so can't report on how the super-priority timeline went or not- but hope they make the decision in 24 hours after appt as they did the last time I used the service.

Can anyone answer the missing mandatory documents section or where to put the signed consent documents?
Probably a glitch, important is to upload all items of supporting documentation.

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Re: No mandatory documents section on the external party document upload website?

Post by ywlgy » Thu Dec 02, 2021 8:52 pm

solstince wrote:
Wed Dec 01, 2021 11:05 pm
Can anyone answer the missing mandatory documents section or where to put the signed consent documents?
Category is not that important. Upload all documents to categories you find fit and the caseworker will see all of them.
DISCLAIMER: Advice given is based on my past experience and/or my interpretation of Immigration Rules and UKVI documents.

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Re: No mandatory documents section on the external party document upload website?

Post by pernicketysuv » Sun Dec 05, 2021 2:20 am

solstince wrote:
Wed Dec 01, 2021 9:37 pm
Hi again,
I have gotten my super priority appointment scheduled for next week for SET(LR) and gone to upload all my documents.

However, there is no way to upload anything under 'Mandatory Documents' section! There's no subheading and no way to upload anything there. Under Optional Documents, there is tons of sections- including Identity, Education, etc etc all the expected categories.

I can upload everything under the Optional section, but it is very disconcerting to see this because obviously things like BRP and old passports are mandatory. I'm worried there is a website bug that will make them think I didn't include things when I actually did under Optional. Is this a known bug or what?

Also, what section should I upload the signed 3rd party consent forms under? 'Other'? Or 'Application Proof'?

Thank you!
Hi I'm sorry to ask this question on your thread - I really do hope everything goes smoothly for you ! I was wondering about your experience of booking a super priority SET ( LR ) appointment as I am trying to do the same. Was there a particular time or day that you managed to do this and was it after waiting and trying for a length of time ? Also, did you do this via refreshing the page or logging out and logging in to see if the super priority appointment was available ?

Any help with this would really be greatly appreciated by myself !

Best wishes with everything

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Re: No mandatory documents section on the external party document upload website?

Post by AmazonianX » Sun Dec 05, 2021 4:37 am

pernicketysuv wrote:
Sun Dec 05, 2021 2:20 am
solstince wrote:
Wed Dec 01, 2021 9:37 pm
Hi again,
I have gotten my super priority appointment scheduled for next week for SET(LR) and gone to upload all my documents.

However, there is no way to upload anything under 'Mandatory Documents' section! There's no subheading and no way to upload anything there. Under Optional Documents, there is tons of sections- including Identity, Education, etc etc all the expected categories.

I can upload everything under the Optional section, but it is very disconcerting to see this because obviously things like BRP and old passports are mandatory. I'm worried there is a website bug that will make them think I didn't include things when I actually did under Optional. Is this a known bug or what?

Also, what section should I upload the signed 3rd party consent forms under? 'Other'? Or 'Application Proof'?

Thank you!
Hi I'm sorry to ask this question on your thread - I really do hope everything goes smoothly for you ! I was wondering about your experience of booking a super priority SET ( LR ) appointment as I am trying to do the same. Was there a particular time or day that you managed to do this and was it after waiting and trying for a length of time ? Also, did you do this via refreshing the page or logging out and logging in to see if the super priority appointment was available ?

Any help with this would really be greatly appreciated by myself !

Best wishes with everything
Don't be sorry, ask your own questions in your thread. There are numerous post detailing how people got their appointments BUT with the caveat that no 2 applicants experience are thermae and no one can guarantee what yours will be.
Don't hijack

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