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Incorrect form, applied for leave to remain instead of indefinite leave to remain

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Tapples1
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Joined: Wed Feb 12, 2020 2:03 pm

Days outside UK and ILR Set M

Post by Tapples1 » Wed Feb 12, 2020 2:18 pm

Hello everyone,

Sorry in advance if this question has been posted before.

I am a British citizen and my wife (from Thailand) is due to apply for ILR soon. Would just like to clarify a couple points please.

1) Wife's current spouse visa BRP expires 25th July 2020. She entered UK on 31st March 2015, which means 31st March 2020 would be exactly 5 years. Am I correct in understanding we can apply 28 days before 31st March 2020??? Some website says we shouldn't apply more than 28 days before current visa expires.

2) We have also been on 6 small holidays (Total 39 days) during her 5 years. As 31st March 2020 is the 5th year anniversary date, do I need to move this date by 39 days to account her not being in UK?

Thank you all

choc_mouse
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Posts: 36
Joined: Sat Aug 14, 2010 8:06 pm
Japan

Re: Days outside UK and ILR Set M

Post by choc_mouse » Wed Feb 12, 2020 2:53 pm

sawadee
Tapples1 wrote:
Wed Feb 12, 2020 2:18 pm
1) Wife's current spouse visa BRP expires 25th July 2020. She entered UK on 31st March 2015, which means 31st March 2020 would be exactly 5 years. Am I correct in understanding we can apply 28 days before 31st March 2020??? Some website says we shouldn't apply more than 28 days before current visa expires.

Yes, 28 days before 31st March 2020 (the end of the 5 year qualifying period).

2) We have also been on 6 small holidays (Total 39 days) during her 5 years. As 31st March 2020 is the 5th year anniversary date, do I need to move this date by 39 days to account her not being in UK?

No, not required. We've been on loads of trips but doesn't make us non-resident in UK. It's nearer to 180 days/12 month period where you need to count the days carefully.

Tapples1
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Posts: 5
Joined: Wed Feb 12, 2020 2:03 pm

Re: Days outside UK and ILR Set M

Post by Tapples1 » Wed Feb 12, 2020 3:13 pm

Haha sawadee

Thanks a million choc_mouse for your reply! Super helpful 😊 Can finally continue without worrying about the dates!

Tapples1
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Posts: 5
Joined: Wed Feb 12, 2020 2:03 pm

Employment section in ILR application

Post by Tapples1 » Mon Mar 02, 2020 2:43 pm

Hi everyone,

Just a quick question please. My wife is the applicant, who works part time. I myself, work full time and together (or by myself) we are above the minimum financial income threshold.

But when filing out the employment section online there is only an option to fill out details of my wife's employment. No option to include my employment/salary.

Have I done something incorrect on the application? Or do I just include a separate personal letter / financial documents to state I will financially support my wife?

Thank you in advance!

choc_mouse
Newbie
Posts: 36
Joined: Sat Aug 14, 2010 8:06 pm
Japan

Re: Employment section in ILR application

Post by choc_mouse » Mon Mar 02, 2020 5:00 pm

Under the finance section, this is what we answered:
Do you or your partner currency receive any of these benefits?
No, my partner and I do not receive any of these benefits

Is your partner currently sponsorting any additional children?
No

The Financial Requirementh threshold which has been calculated
£18,600.00

Will you be able to prove that the financial requirement is met?
Yes

Which types of income will you rely on to meet the financial requirement?
Employment

Add employment income for:
choc_mouse


Followed by all the details of my employment.
Somehow, I specified my name (British partner) and we only put my income. Presumably, there is a button to add a second employment income if you need to???

I suggest that if you satisfy the financial requirement by yourself, just fill in yourself as the first and only employment income the application is relying on. At least you will reduce the paperwork and evidence you need to supply.

Tapples1
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Joined: Wed Feb 12, 2020 2:03 pm

Incorrect form, applied for leave to remain instead of indefinite leave to remain

Post by Tapples1 » Mon Jun 08, 2020 4:57 pm

Hello everyone,

In dire need of some help and advice please.

My wife is on the 5 year route and it’s been nearly 3 months since my wife applied for her ILR application. We’ve just received this letter from home office saying:

Thank you for your application for leave to remain. Please note that you have applied on the 10 Years Long Residency route and this is unlikely to succeed. Please clarify if this is the route that you wanted to apply under. If this is not the case please state which route you wanted to apply under.“

I understand I have applied using the wrong form. I used set LR, but now know I should have used set O as we’re on the 5 year route. My main question is are we able to rectify this without starting/ paying all over again? And how do we contact home office to rectify this please??? There’s no contact phone number, email or address on the home office letter.

Thank you in advance!

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zimba
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Location: UK
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Re: Incorrect form, applied for leave to remain instead of indefinite leave to remain

Post by zimba » Mon Jun 08, 2020 5:13 pm

I merged your previous postings. In Feb you said you were applying under SET(M) then for some reason you applied under SET(LR) now you are saying you should have applied under SET(O) ?!??!! What is going on ?
If she is under family route, SET(M) is the correct form :!: :!: Email back and tell them that you made a mistake and request a variation to SET(M)
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Casa
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Re: Incorrect form, applied for leave to remain instead of indefinite leave to remain

Post by Casa » Mon Jun 08, 2020 5:18 pm

As a correction to advice given by choc_mouse in a previous post, there is no absence limit for holders of a Spouse visa when applying for ILR. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Tapples1
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Posts: 5
Joined: Wed Feb 12, 2020 2:03 pm

Re: Incorrect form, applied for leave to remain instead of indefinite leave to remain

Post by Tapples1 » Mon Jun 08, 2020 5:27 pm

Hello Zimba, sorry that's my mistake. Massive face palm, meant to type "I should have applied under set M"

Just to clarify the email I received was from liveset7enquiries@homeoffice.gov.uk. Not too sure if I am overly thinking this but are we able to reply/email them back directly?

Bottom of the email it says not to respond to this email as this inbox is not monitored but as you say it makes sense replying via email as they didn't provide any other contact details

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zimba
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Re: Incorrect form, applied for leave to remain instead of indefinite leave to remain

Post by zimba » Mon Jun 08, 2020 11:35 pm

Well the email seems to suggest that they are asking for you to clarify
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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