Question regarding own or rent

[mrswow]

Hi everyone!

Its almost that time again for my husband and I to re-apply for his visa. He is originally from the US and we were put on the 5 year route back in 2016 after we got married.

We are coming to the end of our second 2.5 year extension and we are now about to apply for ILR. I just wanted to check a couple of points and no doubt will be back here for more support in the near future!

I just wanted to firstly check the correct form to use is SET M. I believe it is but checking is always good.

When applying is it just myself and my husbands passports we require? or do we have to submit passports for our children too. We have 5 children and 2 are his biologically. I just wanted to make sure we have all the passports in order if required. If required do they have to have a set amount of time left on them? If so we will all go for renewals ASAP.

I also wanted to check if when applying for this visa do we have to pay for the healthcare surcharge? and last but not least, He has completed and passed his life in the uk test. Is there anything else he needs to do before we apply?

I assume they will mostly ask for the same documents as before so we are getting all our documents in order ready to scan and upload when required to apply.

I'm unsure how it all works now since covid has come into force. When we last applied all our documents were scanned in prior to him attending a centre to have documents checked etc. We typically use the priority service as you can imagine its a harrowing time for us as a family. Will he still attend the centre to have his documents checked etc? and is there any change to the priority services?

Praying for a successful outcome and trying to be as prepared as we can be with all our documents. Love to everyone and I hope you are all staying safe in these times.

Thanks for any help <3

[TODMATT]

Hi everyone!

Its almost that time again for my husband and I to re-apply for his visa. He is originally from the US and we were put on the 5 year route back in 2016 after we got married.

We are coming to the end of our second 2.5 year extension and we are now about to apply for ILR. I just wanted to check a couple of points and no doubt will be back here for more support in the near future!

I just wanted to firstly check the correct form to use is SET M. I believe it is but checking is always good.

When applying is it just myself and my husbands passports we require? or do we have to submit passports for our children too. We have 5 children and 2 are his biologically. I just wanted to make sure we have all the passports in order if required. If required do they have to have a set amount of time left on them? If so we will all go for renewals ASAP.

I also wanted to check if when applying for this visa do we have to pay for the healthcare surcharge? and last but not least, He has completed and passed his life in the uk test. Is there anything else he needs to do before we apply?

I assume they will mostly ask for the same documents as before so we are getting all our documents in order ready to scan and upload when required to apply.

I'm unsure how it all works now since covid has come into force. When we last applied all our documents were scanned in prior to him attending a centre to have documents checked etc. We typically use the priority service as you can imagine its a harrowing time for us as a family. Will he still attend the centre to have his documents checked etc? and is there any change to the priority services?

Praying for a successful outcome and trying to be as prepared as we can be with all our documents. Love to everyone and I hope you are all staying safe in these times.

Thanks for any help <3

SET M is correct assuming you have been on the 5 years route since you arrived in the UK. You can apply anytime 28 days prior before completing 5 years from the date of arrival.

NO surcharge fee for ILR.

You can scan the documents yourself through self upload facility available on UKVCAS once you have paid for the application online or fee pay enhanced for them to scan it for you. ILR can take upto 6 months to be decided or pay £800 super priority option.

[KeeperOfKiwis]

Hi everyone!

Its almost that time again for my husband and I to re-apply for his visa. He is originally from the US and we were put on the 5 year route back in 2016 after we got married.

We are coming to the end of our second 2.5 year extension and we are now about to apply for ILR. I just wanted to check a couple of points and no doubt will be back here for more support in the near future!

I just wanted to firstly check the correct form to use is SET M. I believe it is but checking is always good.

When applying is it just myself and my husbands passports we require? or do we have to submit passports for our children too. We have 5 children and 2 are his biologically. I just wanted to make sure we have all the passports in order if required. If required do they have to have a set amount of time left on them? If so we will all go for renewals ASAP.

I also wanted to check if when applying for this visa do we have to pay for the healthcare surcharge? and last but not least, He has completed and passed his life in the uk test. Is there anything else he needs to do before we apply?

I assume they will mostly ask for the same documents as before so we are getting all our documents in order ready to scan and upload when required to apply.

I'm unsure how it all works now since covid has come into force. When we last applied all our documents were scanned in prior to him attending a centre to have documents checked etc. We typically use the priority service as you can imagine its a harrowing time for us as a family. Will he still attend the centre to have his documents checked etc? and is there any change to the priority services?

Praying for a successful outcome and trying to be as prepared as we can be with all our documents. Love to everyone and I hope you are all staying safe in these times.

Thanks for any help <3

SET M is correct assuming you have been on the 5 years route since you arrived in the UK. You can apply anytime 28 days prior before completing 5 years from the date of arrival.

NO surcharge fee for ILR.

You can scan the documents yourself through self upload facility available on UKVCAS once you have paid for the application online or fee pay enhanced for them to scan it for you. ILR can take upto 6 months to be decided or pay £800 super priority option.

Sorry to butt in here, but I am in a similar situation and was wondering - when you apply for super priority, do you know if it's ok to apply 28 days earlier as well? Or is it best to keep that closer (or on) the 5 year mark? Our 5 years lands on the 10th July so would it be ok to apply for Super Priority on the 12th June for example?

I would hate arriving at the appointment only for us to get turned down for not reaching 5 years exactly!

[mrswow]

I was of the impression that you cannot apply unless its 30 days before the expiry of your biometric. For example my husbands biometric ends in april meaning we can apply 30 days before expiry which for us will be march.

[zimba]

I was of the impression that you cannot apply unless its 30 days before the expiry of your biometric. For example my husbands biometric ends in april meaning we can apply 30 days before expiry which for us will be march.

It has nothing to do with your BRP expiry date at all. It is 28 days from the day you complete your 5 years in the UK, counting from the first date of entry to the UK

[mrswow]

I was of the impression that you cannot apply unless its 30 days before the expiry of your biometric. For example my husbands biometric ends in april meaning we can apply 30 days before expiry which for us will be march.

It has nothing to do with your BRP expiry date at all. It is 28 days from the day you complete your 5 years in the UK, counting from the first date of entry to the UK

ohh i didn't know that! My husband came here in October 2016 on a fiancée visa, we got married and then we got put on the 5 year route shortly after. His first visa was 2.5 years and his second extension was 2.5 years again.

We were told in the letter that he could apply no less than 30 days before the expiry of his current visa.

His current visa expires in April so we were going to apply in march via the priority service.

Will that be ok?

I don't want to do anything wrong - its my worst fear we do something wrong and lose the visa fees or worse especially when having a young family. Its a very stressful time.

[mrswow]

Sorry just wanted to edit to ask if anyone knows about the passports?

Should we get renewed passports - the kids run out in August and we dont yet have one for our younger son. Will they ask for these and if so will they require a certain amount of time left on them before expiry. If so we can renew all of them - if not then phew!

thank you guys so much for the advice

[zimba]

Visa expiry is irrelevant as I explained. Passports must be valid on the date of application submission

[mrswow]

Visa expiry is irrelevant as I explained. Passports must be valid on the date of application submission

Yeah I understand what you are saying now. I just wasnt sure which visa to go from - his 2016 fiancee visa or the 2017 leave to remain visa which is when his official 5 year period started. We applied for this in the uk so he has technically been on uk soil since 2016.

Thank you for the information on the passports, It was mostly the children's passports i was unsure of and whether or not they would ask for them.

my husbands passport is valid for a long while yet, mine similar.

3 of our children's passports expire in August 22 ( so will still be in date but less than 6 months on them) and we don't yet have a passport for our youngest son .

should we renew our children's as they will have less than 6 months expiry on them and get one for our son? or are the children's passports not required?

Thank you !

[zimba]

The 5 years starts from spouse visa approval (NOT fiance visa)
Are you including the children ??

[mrswow]

The 5 years starts from spouse visa approval (NOT fiance visa)
Are you including the children ??

No my children will not be included in the application, although biologically my husbands, they were born in the uk

Thanks

[zimba]

Then there is no need to provide any passport details or info

[mrswow]

Hi there

My husband and I have been married since 2016 he initially came over on a fiancee visa which allowed us to get married.

we got married then applied for leave to remain five year partner route. He was awarded leave to remain for a period of 30 months back in 2017.

We then applied again once this period ended in 2019 and were awarded another period of 30 months. This ends on 15th april 2022.

I just want to be sure that we are applying for the correct visa and can now move on to indefinite leave to remain set m?

We plan on applying 18th march which is the earliest we can apply ( 28 days before ) + a few days no doubt to fill in the forms.

I just wanted to check because i was reading somewhere that he has to have been in the uk for 5 years, no less. Then I got a bit worried as 30 months and 30 months is 5 years exactly. I don't want our visa to be refused for applying early. so thought it best to check.

Similarly if we are able to apply now for ILR set M then can someone confirm if we have to pay the healthcare surcharge again.

Thank you for all your help and advice, we really appreciate it and will probably have a lot more questions going forward.

Thanks again

Angela

[CR001]

Topics merged where you have already been given advice in January.

[mrswow]

Hi there

I'm filling out, or have mostly filled out the form for my husbands set m application, i just wanted to check a couple of questions.

I get PIP and I'm still on legacy benefits. So my housing benefit goes directly to the council and not into my bank.

There's a question on the form that asks if the applicant owns/rents or neither of these when it comes to housing.

I initially said rent as we do rent off the council. However it then started asking how much was the rent etc. My husband obviously has no recourse to public funds so its myself that gets the housing benefit however he does technically rent as he is on the joint tenancy. So i thought maybe its none of these because he doesnt have recourse to public funds. Then it wanted to know where he lived. So we went back to selecting rents and put in the amount our rent is etc.

Just wondering if this was the right thing to do given the circumstances? He doesn't have recourse to public funds and im on legacy benefits. Its a joint tenancy and his name as well as mine are always on all the council rent letters and bills.

My second question to check is

it asks if we have children together which we do. so we selected yes. However, it doesn't ask for details of them?

Yet later down the form it asks -does your partner ( me ) have any children from a previous relationship which i do. we selected yes and it asked for the details. Which we gave details of the 3 children from the previous relationship . ( we have 5 children in total I have 3 from a previous relationship and 2 children with my husband)

so further down the form where it asks is your partner (me being the partner/wife) supporting anyone else?

we put down our 2 biological children's names - simply because i get child benefit for 5 kids not only the 3 they asked about. Was this the right thing to do? no where else on the form does it ask about our biological children. Not even in the what benefits are you receiving section. I didnt want them to think we were only supporting the 3 children listed when we have 5 in total so i was assuming that by putting down our 2 biological children it was the right thing to do as i do get child benefit for them and i do support them (ages 4 and 2 )

In my husbands statement of other reasons why you need to remain in the uk obviously we mentioned our biological kids in there as well as the other kids.

I just want to make sure ive filled out the form correctly on those 2 sections.

thank you for any help <3

[mrswow]

Hi there

My topics were merged but are completely different questions.

Still looking for some help if possible please

[mrswow]

We are applying for set m.

There is a question which asks if my husband a) owns b) rents or c) neither

We selected neither.

I rent the house from the Local authority and my husband just lives here. I get housing benefit to cover the cost of the rent.

The documents list asks for proof of ownership from the owner of the property you live in such as a mortgage statement however I don't have a mortgage.

It also asks for a copy of an id document of the owner of the property you live in such as passport. and a letter signed by the owner of the property you live in to say you have permission to live here

I'm assuming that just a covering letter from me saying its my house, hubby obviously lives here with us would be enough to suffice as well as a copy of my passport.

Does anyone know or have any experience as to how to best address this please?

Thank you

[AmazonianX]

We are applying for set m.

There is a question which asks if my husband a) owns b) rents or c) neither

We selected neither.

I rent the house from the Local authority and my husband just lives here. I get housing benefit to cover the cost of the rent.

The documents list asks for proof of ownership from the owner of the property you live in such as a mortgage statement however I don't have a mortgage.

It also asks for a copy of an id document of the owner of the property you live in such as passport. and a letter signed by the owner of the property you live in to say you have permission to live here

I'm assuming that just a covering letter from me saying its my house, hubby obviously lives here with us would be enough to suffice as well as a copy of my passport.

Does anyone know or have any experience as to how to best address this please?

Thank you

Rent could be a more appropriate response.

[mrswow]

We are applying for set m.

There is a question which asks if my husband a) owns b) rents or c) neither

We selected neither.

I rent the house from the Local authority and my husband just lives here. I get housing benefit to cover the cost of the rent.

The documents list asks for proof of ownership from the owner of the property you live in such as a mortgage statement however I don't have a mortgage.

It also asks for a copy of an id document of the owner of the property you live in such as passport. and a letter signed by the owner of the property you live in to say you have permission to live here

I'm assuming that just a covering letter from me saying its my house, hubby obviously lives here with us would be enough to suffice as well as a copy of my passport.

Does anyone know or have any experience as to how to best address this please?

Thank you

Rent could be a more appropriate response.

Thank you so much for answering


my husband has no recourse to public funds. If we say rent then surely that assumes he is responsible for the rent and would cause an issue because i get housing benefit.

I found my original tenancy agreement dated from back when i moved in here in 2012 but its obviously got my married name because we didnt get married until 2016 and while i updated the council to the circumstances and changed my name i didnt ever get a new tenancy agreement.

So now im not sure if my OG tenancy agreement would work?

Im worried about saying rent because even though he lives with me and we have ample post - i dont want them to think hes claiming public funds just because i get housing benefit

[AmazonianX]

Select option "Rent" and indicate in cover note the arrangement. Though he lives with you, it's still a rented property and even though you are a couple you are claiming the public fund in your own name only as he has NRPF.
Cover note or letter with your explanation will suffice or how else will you produce the requested documents if you choose "Neither"?

[mrswow]

Select option "Rent" and indicate in cover note the arrangement. Though he lives with you, it's still a rented property and even though you are a couple you are claiming the public fund in your own name only as he has NRPF.
Cover note or letter with your explanation will suffice or how else will you produce the requested documents if you choose "Neither"?

Im just really going by what i was told yesterday by an advisor

He told me that the joint tenancy would be a problem because my husband has no recourse to public funds and that because hes down as a joint tenant he incurs half the cost.

However, as i get housing benefit - they told me that this would be seen as my husband having used public funds.

No ones ever flagged this up as an issue before.

Is it worth getting a second opinion from a lawyer?

[mrswow]

this is from the home office guidance

A joint tenancy cannot be granted to 2 or more people if any of them is subject to
immigration control and ineligible for local authority housing. This applies both to
local authority housing and to housing which is provided by a housing association as
the result of a nomination by a local authority. A sole tenancy may be granted to
someone who is eligible (for example a British citizen or person settled in the UK) but
whose spouse/partner is not eligible. The ineligible spouse or partner is not counted
as accessing public funds as a result of this.

However it says at the end

A sole tenancy may be granted to
someone who is eligible (for example a British citizen or person settled in the UK) but
whose spouse/partner is not eligible. The ineligible spouse or partner is not counted
as accessing public funds as a result of this.

I had my tenancy in this house since 2012 - he was added on in 2017 after we married. However according to this he should never have been added on - unless the ineligible spouse isnt counted but i dont really know what the wording means. Its all very complicated