SET(M) application for my wife

Hi guys,

I have not heard anything from home office yet... I am not sure whether they will respond to my email. In worst come worst scenario, we may have to apply through new system (5 years long wait). I just want to clarify this, maybe this is already discussed in many places in this website before. My wife will be starting a new job in November and by the time she apply for FLR (M), she will have 7 months salary paid into her account. She will be earning £19K gross and I don't earn much. I run my own business and earn £9.5K gross per annum. Are we going to have any problem in just showing my wife's salary, rather than showing mine and her (£19K + £9.5K)? I am worried that the visa officer takes my salary and ignore her salary, in that case it is below the threshold.

As my experience with home office is not very good, they made two fatal mistakes in my wife case. Also, if we are solely depending on her salary of £19K and I take child benefit and it comes to my bank account. Is this going to have any negative impact. As I still have some time left and I can correct things if they are not right.

I again apologise for confusing post and repeated questions, I just want to make sure we don't give any chance to home office to jeopardise our chance of getting ILR.

Thanks in advance ..

Hello to all

I received my wife FLR(M) on august 2013 for two years which is expired in august 2015. On her letter clearly mention that she can apply SET M after two years, even senior member Mr vinny and other advice me to apply SET(M). Even i consulted some solicitor they all suggest me to apply SET M. Now problem is my wife out of country to India for 15 months for genuine reason that she was pregnant and we blessed with a baby girl born in India, I got all hospital paper work. She is back in January 2015.

She is living with me more than five years on hsmp flr m dependant visa. So my question after 15 months gap is she can apply SET(M) or not is bcoz some solicitor saying u can apply 50% chance to get visa and 50% not.

Please advice guys, it a huge amount 1900 pounds.

Tnx
SQ

[url=https://www.gov.uk/government/publications/chapter-8-section-1spouses]Chapter 8, section 1: spouses[/url] > Chapter 8: Family members transitional arrangements, section 1, spouses wrote:4.6. Absences from UK during probationary period
There is no specific requirement in the Rules that the entire probationary period must be spent in the United Kingdom. For example, where an applicant has spent a limited period outside of the United Kingdom in connection with his employment, this should not count against him. However, if he has spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met. Each case must be judged on its merits, taking into account reasons for travel, length of absences and whether the applicant and sponsor travelled and lived together during the time spent outside the United Kingdom. These factors will need to be considered against the requirements of the Rules.

Include evidence of subsisting marriage when apart.

Thanks vinny,

Thanks a for quick response, So can I apply now, i mean what do u personally suggest me if yes. Shall i go on window or post please.

SQ

vinny wrote:

[url=https://www.gov.uk/government/publications/chapter-8-section-1spouses]Chapter 8, section 1: spouses[/url] > Chapter 8: Family members transitional arrangements, section 1, spouses wrote:4.6. Absences from UK during probationary period
There is no specific requirement in the Rules that the entire probationary period must be spent in the United Kingdom. For example, where an applicant has spent a limited period outside of the United Kingdom in connection with his employment, this should not count against him. However, if he has spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met. Each case must be judged on its merits, taking into account reasons for travel, length of absences and whether the applicant and sponsor travelled and lived together during the time spent outside the United Kingdom. These factors will need to be considered against the requirements of the Rules.

Include evidence of subsisting marriage when apart.

Thanks vinny,

Thanks a for quick response, So can I apply now, i mean what do u personally suggest me if yes. Shall i go on window or post please.

SQ

It's your choice! I cannot make the decision for you.

Has she satisfied the KOLL requirements?

See also 288. What makes you think that she will be ineligible for SET(M)?

vinny wrote:It's your choice! I cannot make the decision for you.

Has she satisfied the KOLL requirements?

See also 288. What makes you think that she will be ineligible for SET(M)?

hi vinny
Yes life in the UK is done recently
English B2 level she got next week exam.

288 rule,
bcoz she is my defendant from jan 2010 to till august 2013 on tier 1 general. So she already completed 2 years there again august 2013 to august 2015 two years more only problem absence 15 months baby birth certificate and and now baby is here and we already applied baby naturalization two months beofre waiting for her approval.

Thanks a lot
sq

287(a)(i)(d) wrote:the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant; and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here; or

is satisfied.

She has to also show that the marriage is subsisting and you both intend to live permanently with each other, etc.

Compare these latter two requirements to FLR(M) (284). Are they similar? I think that she may have to satisfy practically these same requirements for FLR(M) as well.

Do you have good reasons why she was absent for so long?

vinny wrote:

287(a)(i)(d) wrote:the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant; and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here; or

is satisfied.

She has to also show that the marriage is subsisting and you both intend to live permanently with each other, etc.

Compare these latter two requirements to FLR(M) (284). Are they similar? I think that she may have to satisfy practically these same requirements for FLR(M) as well.

Do you have good reasons why she was absent for so long?

Because we went to India for treatment purpose for her pregnancy and she was luckily conceived there. She was coming back with me but on the day travelling she was sick, so she could not travel back with me and doctor advised seven month bed rest, after that around 8months we blessed with a baby. Again making new Indian passport 2 months and than baby visa 3 months baby visa.
Than I visited to India and we all are back to UK on same time.

I got all hospital document. Travel invoices everything with me.

tnx

Given good reasons for her absence and evidence of subsisting marriage, I think that she stands a good chance for SET(M).

vinny wrote:Given good reasons for her absence and evidence of subsisting marriage, I think that she stands a good chance for SET(M).

Thanks Vinny,

I will go on window with all my paper work. Just i have gone through home office appointment for SET M is easily available within a week.

Hi guys,

I decided to go on same day service for my wife SET M, my question is my wife is applicant, is it possible that me and my daughter who one year old can go with her inside the Home office, I mean near by where they are questioning them. If we hire solicitor they allow them near by window like that i want to go with her please, advise me.

tnx
SQ

You can go with your wife, in fact to will be expected to attend, otherwise you would have to submit a letter explaining your absence. There will be no problem taking your child with you.

Casa wrote:You can go with your wife, in fact you will be expected to attend, otherwise you would have to submit a letter explaining your absence. There will be no problem taking your child with you.

Thanks a lot casa

Hi senior members pls advice me, I want to book an appointment for my wife SET M first week of August.

I got one Question is there any online application for set m or paper application Bcoz when I going to book date it not accepting.

Error is showing like WE CANNOT CHECK UR CASEID, due to technical problem. Today spoken to HO ALso they said u need to book online only.

Tnx

baba_baba wrote:Hi guys,

I have not heard anything from home office yet... I am not sure whether they will respond to my email. In worst come worst scenario, we may have to apply through new system (5 years long wait). I just want to clarify this, maybe this is already discussed in many places in this website before. My wife will be starting a new job in November and by the time she apply for FLR (M), she will have 7 months salary paid into her account. She will be earning £19K gross and I don't earn much. I run my own business and earn £9.5K gross per annum. Are we going to have any problem in just showing my wife's salary, rather than showing mine and her (£19K + £9.5K)? I am worried that the visa officer takes my salary and ignore her salary, in that case it is below the threshold.

As my experience with home office is not very good, they made two fatal mistakes in my wife case. Also, if we are solely depending on her salary of £19K and I take child benefit and it comes to my bank account. Is this going to have any negative impact. As I still have some time left and I can correct things if they are not right.

I again apologise for confusing post and repeated questions, I just want to make sure we don't give any chance to home office to jeopardise our chance of getting ILR.

Thanks in advance ..

Hi Vinny,

I have received a letter from home office regarding my inquiry about my wife's ILR. It states that

Dear XXXXX

Thank you for your husband's correspondence dated xxx regarding your eligibility to apply for Indefinite Leave to Remain (ILR). Please accept our apologies for the delay in replying.

Information on regularising your stay in the United kingdom and/ or completion of the forms can be found on our website at:
http://www.gove.uk/settle-in-the-uk

You can apply online for immigration services such as visas, leave to remain, settlement and citizenship. guidance notes are available on-line to advise you how to complete and submit the application.

The onus is always on the applicant to ensure that they fully meet the requirements for any application as set out in the appropriate guide. All applicants are advised to read the guide thoroughly and make sure they satisfy the requirements before submitting any application. We will not be able to tell you prior to submitting any application whether it will be successful or not.

You may therefore wish to seek advice from a professional legal adviser and it goes on

---------------------

What does this means? is this a general response by home office or are they saying that we can apply as long as we meet all requirements for settlement ?

Please clarify this for me.

Thank you

It appears to be a general tautological response.

vinny wrote:It appears to be a general response.

Hi Vinny,

I spoke to home office, and the adviser clearly said that she will have to wait for 5 years before applying for her indefinite. He was saying even though she came to the UK before the rules changed, she switched to spouse visa in 2013 and she will come under new rules.

I guess I have to wait for another couple of years..

vinny wrote:It appears to be a general tautological response.

Thanks Vinny..

SPECIAL THANKS TO VINNY AND CASA

This board save my money and time.

Hi SQ here, my wife SET (M) application is been accepted and approved ILR on 287 (a)(i)(d) basis. So we went to croydon office on window, all paper work done by myself no solicitor help, within 2 hours they grant us ILR visa.

Once again thx to all moderator

SQ

Congratulations, sq!

baba_baba wrote:I spoke to home office, and the adviser clearly said that she will have to wait for 5 years before applying for her indefinite. He was saying even though she came to the UK before the rules changed, she switched to spouse visa in 2013 and she will come under new rules.

Immigration applicants cannot rely on telephone calls with Home Office.

A different positive advice.

sq wrote:SPECIAL THANKS TO VINNY AND CASA

This board save my money and time.

Hi SQ here, my wife SET (M) application is been accepted and approved ILR on 287 (a)(i)(d) basis. So we went to croydon office on window, all paper work done by myself no solicitor help, within 2 hours they grant us ILR visa.

Once again thx to all moderator

SQ

Well done! Really pleased for you both and thanks for updating us.

sq wrote:SPECIAL THANKS TO VINNY AND CASA

This board save my money and time.

Hi SQ here, my wife SET (M) application is been accepted and approved ILR on 287 (a)(i)(d) basis. So we went to croydon office on window, all paper work done by myself no solicitor help, within 2 hours they grant us ILR visa.

Once again thx to all moderator

SQ

Great news, congrats