SET(M)/ILR Query

Hi,

I would be very grateful if anyone can help with some information regarding SET(M).

My brother in law is on the 5yr spouse route and his FLR(M) BRP Card is valid until 30-03-2020.
He arrived in the UK (Entry Clearance) on 28-01-2015. The only time he has spent outside the UK is 4 weeks ( 01-02-2018 to 28-02-2018 ) to visit family back in Pakistan.

Based on the above information what is the earliest and latest dates he can apply for his SET(M)/ILR. I have read applicants have to meet the qualifying period of 60 months, but does the 4 weeks spent outside of the UK affect this qualifying period?

Does the SET(M) require the same types of supporting evidence as the FLR(M) ie Correspondence, Accommodation, Financial and Proof of Marriage?

Am I correct that he can still use his B1 Grade 5 Trinity College Certificate used in his previous FLR{M} application despite it being more than 2.5yrs old, along with his Life in The UK Certificate?

Finally regarding evidence of accommodation we still have the Property Inspection Report from his FLR(M), but it is from 2017. Would this be acceptable or is it best to get an updated Property Inspection Report to be on the safe side?

Many thanks for taking the time to read my query and really appreciate any helpful advice that I may receive.

Based on the above information what is the earliest and latest dates he can apply for his SET(M)/ILR. I have read applicants have to meet the qualifying period of 60 months, but does the 4 weeks spent outside of the UK affect this qualifying period?

There is no absence limit for spouse visa holders. He can apply for ILR no sooner than within 28 days before the 5th anniversary of the date he entered the UK and no later than the expiry date of his visa.

Does the SET(M) require the same types of supporting evidence as the FLR(M) ie Correspondence, Accommodation, Financial and Proof of Marriage?

Yes. Communication with each other is not required.

Am I correct that he can still use his B1 Grade 5 Trinity College Certificate used in his previous FLR{M} application despite it being more than 2.5yrs old, along with his Life in The UK Certificate?

Yes

Finally regarding evidence of accommodation we still have the Property Inspection Report from his FLR(M), but it is from 2017. Would this be acceptable or is it best to get an updated Property Inspection Report to be on the safe side?

He doesn't need the property inspection report. He needs 2 years evidence in both names to prove cohabitation.

Hi,
Thanks for the helpful reply. I need some further advice on the following points, if you can clear up these points, it would be much appreciated.

1) He arrived in the UK to join his wife on 28-01-2015, so the earliest he can apply is 01-01-2020 up until his visa expires on 30-03-2020. Is my thinking correct?

2) Are the financial requirements still the same as the FLR(M) visa?

3) With regards to his payslips/corresponding bank statements/employer letter, does the most recent payslip/ bank statement and letter from employer have to be dated no older than 28 days from the date the SET(M) application is submitted and paid for online? Eg if we submit and pay for the application on 28th Jan, the payslip/bank statement/employer letter couldn’t be dated before the 1st Jan.

Once again, many thanks for all your help.

sushi_88 wrote: ↑

Sun Dec 22, 2019 5:29 pm

Hi,
Thanks for the helpful reply. I need some further advice on the following points, if you can clear up these points, it would be much appreciated.

1) He arrived in the UK to join his wife on 28-01-2015, so the earliest he can apply is 01-01-2020 up until his visa expires on 30-03-2020. Is my thinking correct?

2) Are the financial requirements still the same as the FLR(M) visa?

3) With regards to his payslips/corresponding bank statements/employer letter, does the most recent payslip/ bank statement and letter from employer have to be dated no older than 28 days from the date the SET(M) application is submitted and paid for online? Eg if we submit and pay for the application on 28th Jan, the payslip/bank statement/employer letter couldn’t be dated before the 1st Jan.

Once again, many thanks for all your help.

1&2&3) yes

Thank you for answering, much appreciated.

Hi,
We are just getting my husband’s SET(M) Visa application ready. It should have been a straight forward process but we need some advice regarding Employment Letters and Payslips.

The first problem is my husband’s employer are refusing to post the signed Employment Letter and Overpayment Explanation Letter, they insist that the scanned copies which they have sent via email are acceptable. We would much prefer proper signed letters but they adamant they can only email.

I am having the same problem with my employer HR department who are also refusing to sign and post my Employment Letter to me, they have just emailed me the letter, not signed with just the HR Assistants name and job title at the bottom.

So I have looked at Appendix FM-SE and cannot find anywhere that states Employment Letters need to be signed and posted, so are we worrying needlessly about the emailed letters?

With regards to my husband’s payslips, they are sent weekly via email PDF attachments, which have all the necessary information. In previous visa application we have submitted these Payslips and the Head Office copies which they posted to him along with his Employer Letter. These Head Office Payslips have the exact same information, but are standard traditional Payslips.

But his employer is refusing to post the Head Office copies this time and will only email them, so will these emailed copies be acceptable?

I cannot find anywhere in the Appendix FM-SE about emailed Payslips not being formal payslips issued by the Employer.

Sorry for the long post but dealing with both our employers has been a nightmare and I would really appreciate any advice.

Many Thanks