Set (O) question of which route partner is applying under although partner already has ILR

[habeeb05]

Hello,

I have a few questions related to ILR application of my wife.

Background:- I had 5 years Tier 2 visa and obtained ILR in 2021 based on being in UK for 5 years as Tier 2. My wife had not completed 5 years at the time and so had to apply for dependant extension. Now she has reached 5 years and so applying for ILR after being as Tier 2 dependant.

After I recieved ILR in 2021, I started receiving child benefit for my daughter who became British as a result of my ILR.

Question1:- Is the correct application for her Set (O)?

Question 2:- In the finance section of the application, they ask "Do you or anyone else part of this application receive public funds?". My wife is the only applicant but my name is mentioned at the beginning as sponsor. So although my wife doesn't recieve public funds and it is only me (who is not technically an applicant but mentioned in the application) do I answer yes or no to this question?

Thank you!

[zimba]

1. SET(O) is correct
2. You are not part of the application

[JB007]

From a benefit point of view: only one person can claim Chlid Benefit for a child and as you have ILR that is you. But your partner's name must be linked to your claim because of the benefit cap for Child Benefit.

That does not mean that the NRPF spouse is taking public funds, because the claim is in your name. It's merely so HMRC (who deal with Child Benefit) can constantly check that neither of you earn over that benefit cap.

[habeeb05]

Yeah that is when you are making an application for the benefit right?

I am talking about ILR application here.

[habeeb05]

Hello,

My wife is currently applying for ILR (under SET (O)) after 5 years as being Tier 2 dependant.

I completed my 5 years on Tier 2 in 2021 and received ILR in 2021.

In my wife's application she identifies that she is a dependant of myself and then there is a question asking which visa I (sponsor) is applying for or already granted. Under this question there is a dropdown to select an appropriate visa category and there is no option for selecting ILR for myself only Tier 2 (General) Visa, which was what I had prior to ILR. Do I select this although it is not entirely accurate for my current status?

Thank you in advance.

[CR001]

Topics merged.

Yes, you select the last visa you had before ILR.

[habeeb05]

Hello,

Thank for your previous responses.

I just would like to confirm what kind of supporting documents i need to provide for my wife's ILR application?

At the end of the application, the Gov.uk website only specifies passport, BRP and declaration forms. I believe we should submit more right?

I am thinking:

1. Payslips and Bank statements for atleast 6 months (Husband's name)
2. Marriage Certificate
3. Proof of living together for which I would provide tenancy agreements and water bills
4. Letter from husband's company confirming employment.

Is there anything else?

Should I also a provide a bank statement from my wife to show she shares the same address?

[zimba]

No income or salary evidence is required. Simply provide cohabitation for the last two years

[habeeb05]

Thank you ZImba for the quick response.

For cohabitation, tenancy agreements and water bills are sufficient? Or do i need add anything else to it?

[AmazonianX]

Thank you ZImba for the quick response.

For cohabitation, tenancy agreements and water bills are sufficient? Or do i need add anything else to it?

Provide correspondence or letters covering last 2 years from at least 3 sources.

[habeeb05]

Thank you for the response.

So one source can be tenancy agreement, a second source could be water bills and third source potentially bank statements? Is that correct?

For bank statements, would I have to provide 2 years worth of it or can I provide one from every few months to avoid having like 48 statements (24 from wife's account and 24 from husband's account)?

Also could a third source be driving licence for example as well? or maybe payslips from each of our work places?

[zimba]

Any evidence can be used. There is no specific documentary requirement

[habeeb05]

Hello,

A few more questions for me please!

1. What is the difference between the following 2 statements in the checklist? I believe just signing the consent form should cover both?

Consent form for the Home Office to request verification checks on Mr XXX for joint accounts or third party support

Declaration signed by Mr XXX to confirm consent for the Home Office to request verification checks

2. Since I am the "sponsor" of my wife, as she is my dependent, do I have to sign Part 3 of the consent for as well? (PART 3: Consent for the Home Office to verify information from third party sponsor)

[zimba]

Part one is signed by the applicant
Part two is signed by the spouse/partner
Ignore part three

[habeeb05]

Thank you.

Another quick question please.

I answered "No" to the below question when I filled the form and it is now submitted and paid.

"Is the account with a bank or utility company for which you have supplied information and supporting documentation held jointly by you and other people?"

However, I have now decided I want to use bank statements from a joint account to show that my wife and I live together and use a common account.

Is it okay to submit such bank statements even though I answered No above?

[zimba]

Yes, this is not a big deal.