ILR SET(M) route - absences and cohabitation

Hello,

I have two questions regarding my upcoming application for SET(M) ILR. I understand each individual case is different but would love any insight, resources, or advice you might be able to provide.

I gave birth to our first child 4 days before the first COVID lockdown began. I won't go into too many details, but suffice it to say that my husband and I decided it would be best for my well-being and our family to travel to the US for a few months to be with my parents. We had initially planned to stay a few months, but changed our flights due to the surging infection rates in both the UK and US at the time, so ended up being out of the UK for about 240 days. I will explain this absence on my application and know there is no absence limit for spouses but wanted to know if this has caused any issues for applicants to ILR before.

My other question is about using foreign income to meet the financial requirement. My partner is completing a postgraduate degree and doesn't work at the moment. I work full time (remotely from UK) for a US-based employer who pays me in USD into a US bank account, which I then transfer into our UK account. My employer won't deposit my checks into my UK account because they'll incur huge fees.

I have been in touch with a solicitor about this who raised concerns that my parents' US address is listed on my payslips - this is to align with the address linked to our US bank accounts (I have both my UK and US addresses there but for some reason my bank only allows US addresses to be assigned directly to the account; it lists my primary residence as UK, though). I have proof of cohabitation and intention to live in the UK as well as statements from family members and friends. The only reason that I'm in this job is because it's flexible to allow me to care full time for my child, who is almost 2, since I work from home, and because my salary is 2 x more what I made working in a similar role for a UK based employer, even with the currency conversion. It far exceeds the income requirement.

I should say I began this role in April 2021 and will file my Tax Return here in the UK to ensure I have accounted for all my tax and NI obligations, though I do pay US tax with each paycheck and would have my employer's records as well as my US tax return to show that taxes have been remitted to the IRS already.

I'm just worried now that because the funds are direct deposited into my US bank account with my US address this will cause an issue on my ILR application.

Appreciate your insight!

The absences should not affect you. Your employment does not need to be UK based.

Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in salaried or non-salaried employment, this may include work undertaken overseas, subject to the couple meeting the requirement in paragraph ELTRP.1.10 of Appendix FM that they intend to live together permanently in the UK and subject to the other requirements of Appendix FM-SE being met.

Guide: https://assets.publishing.service.gov.u ... rement.pdf

Thanks so much for your reply, zimba.

Is there a template or standard format I can use for explaining my absence periods and financial situation, or do I just write these explanations directly on the application form?

There is no format. Add this as a note to your application

Hi all,

I am preparing to apply for ILR - SET(M) route at the end of April. I know the 180 day absence limit doesn't apply to SET(M) applicants. However, I was out of the country with my partner (British citizen) and our child (also British citizen) for 180 days in 2021 due to the pandemic and personal medical reasons. We had our permanent residence address in the UK but during those days we stayed together temporarily at my parents' house in the US.

My question is, should I provide documentation of cohabitation in the US during that period, for example, a letter from my parents confirming we stayed with them temporarily due to covid (and other personal medical reasons for myself) as well as joint US bank statements? Or should I provide documentation of our UK address during that period? Or both?

During this period I maintained my financial requirement as I work remotely.

Hope this makes sense. Thanks in advance for your help.

-B.

There is no need for that at all.

Thanks! Just to clarify there’s no need to prove we stayed together in the US - just show our cohabitation within the UK?

bam33 wrote: ↑

Tue Apr 19, 2022 3:00 pm

Thanks! Just to clarify there’s no need to prove we stayed together in the US - just show our cohabitation within the UK?

Correct