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Partner Settlement Application

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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vimal1206
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Partner Settlement Application

Post by vimal1206 » Tue Nov 05, 2019 4:19 pm

Hi members,

I will be applying for my wife and child's ILR end of this month. Just wanted to quickly check with the expertise in this group to verify the documentation part please.

My situation:
I was a PBS Tier 1 settled in 2015 and british citizen in 2016
My wife and kid were on FLR(M) leave to remain issued in 2017 which expires next month. Previous FLR(M) was from 2014 dec to 2017.

ILR application:
- I have done online SET(O) with my wife as main applicant + child application in that
Documents:
Mandatory:
- Required declaration forms
- Passports and BRP for wife and child
- Depgree certificate and NARIC statement (being a non UK degree)

Other documents
- Life in the uk test certiificate (I believe this is not required ? as the test pass ID would be enough)

- Cohabitation documents since 2017 until now - I have a good combination of documents (water bill, council tax bill, hmrc letters , bank statements)

My questions:

(1) Do I need to present my 6 months payslips, bankstatments, P60 for financial rquirement? I believe not required being a PBS dependent. Is my understanding correct? I had provided the same for the previous FLR(M) application

(2) For NARIC, would the Statement of Comparability I got from NARIC used for the previous leave to remain application be enough or would be need to get a new one?

Thanks in advance for your guidance.

Regards

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CR001
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Re: Partner Settlement Application

Post by CR001 » Tue Nov 05, 2019 4:30 pm

My situation:
I was a PBS Tier 1 settled in 2015 and british citizen in 2016
My wife and kid were on FLR(M) leave to remain issued in 2017 which expires next month. Previous FLR(M) was from 2014 dec to 2017.
Your dependents could NOT have been on FLR(M) in 2014 if you were a Tier 1 visa holder. FLR(M) is ONLY for spouse of settled person or British citizen. They would only have been able to apply for FLR(M) AFTER you got ILR. Your previous posts suggest your wife had her own PBS route visa.
ILR application:
- I have done online SET(O) with my wife as main applicant + child application in that
She CANNOT apply for ILR on Set(O) if she holds a FLR(M) spouse visa. She needs 5 years on FLR(M) before she can apply for ILR on form SET(M). She cannot combine PBS time with FLR(M) to make up 5 years.
(1) Do I need to present my 6 months payslips, bankstatments, P60 for financial rquirement? I believe not required being a PBS dependent. Is my understanding correct? I had provided the same for the previous FLR(M) application
FLR(M) is NOT a PBS Dependent visa. You seem to be misunderstanding things.
Char (CR001 not Casa)
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vimal1206
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Re: Partner Settlement Application

Post by vimal1206 » Tue Nov 05, 2019 5:00 pm

Apologies. I was wrong in the date quoted for my ILR.

I got my ILR in Oct. 2014. Although my wife and kid applied for ILR then, it was declined as the continuous stay was not satisfied. Post 2014, I applied FLR-M for my wife in Dec. 2014 and got it approved till May 2017 post which my wife again applied for FLR(M) extension which was approved till Dec 2019. So in effect, from Dec 2014, she has completed 5 years,

Would that now qualify for her to be using this 5 year route for ILR?

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CR001
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Re: Partner Settlement Application

Post by CR001 » Tue Nov 05, 2019 5:17 pm

Would that now qualify for her to be using this 5 year route for ILR?
She can apply for ilr on form SET M (not SET O as you have stated as it is the wrong form) no sooner than within 28 days before the 5th anniversary of her initial FLR M visa issue date.

You need to meet all the same English and financial requirements for a minimum if 6 months again, payslips and bank statement and employer letter. P 60s not required.

It is mandatory to submit the LIUK test when you upload your documents.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

vimal1206
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Re: Partner Settlement Application

Post by vimal1206 » Tue Nov 05, 2019 8:18 pm

Thanks CR001.
As we filled in the online application giving the right option, it automatically created the SetO form.

On the Life in the UK test, I think the rule has changed since October as below:
"People who pass the Life in the UK test receive a pass notification letter. From 1
October 2019 applicants no longer have to provide their pass notification letter with
Page 21 of 29 Published for Home Office staff on 1 October 2019
their application. Applicants must instead provide a unique reference number in the
form of their 7 digit ‘Test instance ID’.

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CR001
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Re: Partner Settlement Application

Post by CR001 » Tue Nov 05, 2019 8:39 pm

As we filled in the online application giving the right option, it automatically created the SetO form.
Impossible. Post the link and the answers to questions you made to get the form. You have likely answered something incorrectly. It will be refused if you use SET O as she does NOT hold a PBS dependent visa, you lose your fee if refused.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

vimal1206
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Re: Partner Settlement Application

Post by vimal1206 » Wed Nov 06, 2019 9:50 am

After going through it from beginning I realised I selected the wrong journey at the start (from the point of 'Find out selected Tier-1 PBS dependent as a category at the start ('Find out if you can apply to settle in the UK) and from the succeeding screen also I selected 'category as Tier-1 PBS dependent, which as you rightly pointed in your previous response it is not).

Thanks a lot CR001 for pointing out what needs correction. It is the fundamental mistake .

I have now gone through the correct form and I have selected the option 'Partner of settled person - 5 year route'. It is a much more elaborate form. Going through the form has now given me the right set of documents to be given as mandatory and other required documents.

As per that, following is the list of documents that the system has come up with.

Mandatory documents
The passports of wife and child.
Declaration signed by me.

Other documents:

-Personal bank statements corresponding to the same period(s) as the payslips showing that the salary has been paid into an account
-6 letters proving co-habitation during the past 2.5 years
-Documents supporting my other reasons to stay in the UK (optional)
-Evidence of council tax costs for the accommodation in the UK where you live or will live
-Evidence of my settled status in the UK
-A letter from the employer(s) who issued the payslips confirming
1. the employment;
2. the gross annual salary;
3. how long the employment has been/was held;
4. the period over which the person has been paid the level of salary stated in their application; and
5. the type of employment (permanent, fixed-term contract or agency) -
-Current Biometric Residence Permits of wife and child
-A full birth certificate that shows the parents' names for child
-Payslips covering a period of 6 months prior to the date of application -
-Evidence of monthly housing costs for the accommodation in the UK where you live or will live

I guess KoLL evidences are implied and hence not shown in the list.

Thanks.

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