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From Unmarried visa to ILR visa...do I use SET(M) form?

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MMmm
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From Unmarried visa to ILR visa...do I use SET(M) form?

Post by MMmm » Thu Nov 23, 2006 8:44 pm

I have a Greek national partner, I am a Japanese female, we both reside in London and are not married.. We applied for and received our 2 year indefinite leave to remain (De Facto visa )which is soon coming to an end, we want to apply for my indefinite leave to remain, could someone please confirm that we do need to submit the SET(M) application form.

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Re: From Unmarried visa to ILR visa...do I use SET(M) form?

Post by JAJ » Thu Nov 23, 2006 9:03 pm

MMmm wrote:I have a Greek national partner, I am a Japanese female, we both reside in London and are not married.. We applied for and received our 2 year indefinite leave to remain (De Facto visa )which is soon coming to an end, we want to apply for my indefinite leave to remain, could someone please confirm that we do need to submit the SET(M) application form.
Could you say exactly what you mean by a "2 year indefinite leave to remain" visa?

Also, how long have both you and your Greek partner lived in the UK?

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Re: From Unmarried visa to ILR visa...do I use SET(M) form?

Post by MMmm » Thu Nov 23, 2006 9:25 pm

Thank you very much for your quick response.


>>Could you say exactly what you mean by a "2 year indefinite leave to remain" visa?

It's called De facto visa ( or known as unmarried partnership visa) which allows me to stay here for 2 years. We could apply this visa with the documents of living together more than 2years.

>>Also, how long have both you and your Greek partner lived in the UK?

We have been living together for 5 years in the UK. My partner has been here for 7years and I have been here for 6years.

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Post by John » Thu Nov 23, 2006 10:10 pm

Yes, use the form SET(M) to obtain your ILR. That is the correct form.
We applied for and received our 2 year indefinite leave to remain (De Facto visa )
Two points about that .... if you really had ILR now, well it would not be limited to 2 years! What you have now is a time-limited visa ... not ILR.

Secondly, the term de facto visa is not used in the UK. What you have appears to be an Unmarried Partner Visa. Is that correct?
John

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Post by JAJ » Thu Nov 23, 2006 10:17 pm

John wrote: Two points about that .... if you really had ILR now, well it would not be limited to 2 years! What you have now is a time-limited visa ... not ILR.
John
How do you think she obtained a visa under the Immigration Rules if the partner was Greek and presumably not also a British citizen or permanent resident?

Once she has ILR then shouldn't the Greek partner apply for evidence of Permanent Residence on form EEA3 and think about whether he wants to apply for Naturalisation in about May 2007 (12 months from 30 April 2006).

And also - any children born in the UK should automatically be British citizens.

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Post by Kayalami » Thu Nov 23, 2006 10:18 pm

It seems the OP was issued with a 2 year visa as the unmarried partner of a person present and settled in the UK upon application for such on Form FLR(M). I presume her partner holds ILR (and did so at FLR-M stage) by virtue of exercising treaty rights over a period of 4 years prior to the recent upscale in requirements by 1 year. The OP can now apply for ILR using Form SET (M) to include the submission of appropriate documentation as to proof of the relationship subsisting. It may be worthwhile for the OP's partner to consider naturalising as a British Citizen given they meet the residence criteria. Such needs to be considered against Greek legislation on dual nationality.

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Post by John » Thu Nov 23, 2006 10:31 pm

JAJ, I was making the assumption as spelt out by Kayalami.
John

MMmm
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Post by MMmm » Thu Nov 23, 2006 10:35 pm

Two points about that .... if you really had ILR now, well it would not be limited to 2 years! What you have now is a time-limited visa ... not ILR.
Sorry! I made a mistake. It's a time-limited visa( 2years)
Secondly, the term de facto visa is not used in the UK. What you have appears to be an Unmarried Partner Visa. Is that correct?[/quote
I think Named OISC advisors uses the term De Facto visa for unmarried partner visa. When I used their service 2years ago they told me that my visa is called ' De Facto visa'...?!?!

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Post by MMmm » Thu Nov 23, 2006 10:45 pm

How do you think she obtained a visa under the Immigration Rules if the partner was Greek and presumably not also a British citizen or permanent resident?
My Greek partner has got a resident permit card. ( he had to apply this in order to apply my unmarried pertner visa)But even he doesn't have the resident permit card he can stay in the UK permanently as he is European.

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Post by John » Fri Nov 24, 2006 10:21 am

My Greek partner has got a resident permit card.
Would I be correct in thinking that he actually has Permanent Residence? Rather than just a Residence Permit?
John

MMmm
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Post by MMmm » Fri Nov 24, 2006 10:43 am

Would I be correct in thinking that he actually has Permanent Residence? Rather than just a Residence Permit?
All european can stay in the UK permanently But he needed to get a Residence card as a official document.

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Post by John » Fri Nov 24, 2006 10:53 am

Yes, but you have not answered my question! As from 30.04.06 An EU national who has exercised Treaty Rights in the UK for at least 5 years will have Permanent Residence status automatically, as soon as they get to the 5 year mark, or on 30.04.06, whichever is the latter.

But prior to 30.04.06 the EU citizen exercising their Treaty Rights in the UK did not get Permanent Residence status automatically. So I ask for confirmation, is that what your partner applied for over 2 years ago? You will probably need to look at their passport to determine the answer.
John

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