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SET(LR) Application Decision Pending - Spouse/Partner Visa Expires while waiting

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Whizart
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SET(LR) Application Decision Pending - Spouse/Partner Visa Expires while waiting

Post by Whizart » Wed Apr 01, 2020 1:26 am

Hello Everyone, Need some help regarding my SET(LR) and my Wife's application in lieu with my application.

Background:
I have an application due for Settled-Long Residency also known as SET (LR) (via 10 year long residency) soon. I first entered UK on 30 APRIL 2010 and my qualifying period of 10 yrs completes on 30 APRIL 2020 and my current TIER 1 - Entrepreneur Visa expires on 31 MAY 2020. (So I have 1 more month left on my current visa after I complete my 10yr qualifying period)

My Wife is currently on the same visa as a PBS DEPENDANT which will expire at the same time (31 MAY 2020). My wife entered the UK as a student in 2013 and after a year we got married in the UK and then she switched to PBS dependant with me on OCT 2014. Since then we are living in the UK together.

As per the guidelines an application for SET (LR) is considered 28 days or less before the applicant completes the required qualifying period, provided they meet all the other rules for LR. (Source: long-residence-v16.0ext.pdf). So I was thinking to complete my SET (LR) Online Application Form and submit it by 10 APRIL 2020 (20 days before my qualifying period) which I believe will be considered as per the guidelines stated above and not being rejected on the grounds of submitting too early. I had initially planned to book a Super-Priority Service for my application but due to Covid-19 pandemic all Super-priority services has been suspended and no one knows when this is going to start again.

Therefore I will be left with the below 2 options

a) Submit my application online on the 10th APRIL 2020 and proceed with the standard service.
OR
b) Wait for a couple of weeks (Maybe until 30th APRIL 2020) to see if the super-priority service is back on and then submit it online and book an appointment. If it is still suspended then I will proceed with the standard service anyway.

ISSUE:
According to the guideline my wife will have to submit a separate application to extend her leave as a Partner/Spouse of Settled Person. So here is where the confusion begins - While I am waiting for a decision on my SET (LR) application, We would most likely go past 31 MAY 2020 which means our visas would expire. There will be a gap between when our current visa expires and when I get a decision. So my wife will be left with no visa. This is where i am unsure what next.

Can someone please clarify the provision for such application. As I couldn't find any specific immigration rules regarding this. I would really appreciate if someone could help me in this.

HOME OFFICE CUSTOMER SERVICE EXPERIENCE:
I've made 2 calls so far to Home Office( ILR Customer Service team ) and I was given 2 different answers. One agent said my wife will be covered under section 3c leave while I am waiting for a decision on my SET (LR) and the second agent said my wife should apply for FLR(M) at the same time I apply for my SET (LR) or else she will be considered as an over-stayer after her visa expires. They both didn't sound confident over the phone to be honest. One of them told me that he can't give any detail clarification instead I should speak to an immigration adviser.


Thank you in advance!

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CR001
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Re: SET(LR) Application Decision Pending - Spouse/Partner Visa Expires while waiting

Post by CR001 » Wed Apr 01, 2020 6:42 am

She must apply for FLR m before her current visa expires. This applies whether you have received a decision on your application or not.

Note that she needs english A1 test for FLR m and she might struggle to find a centre open to do the test.
Char (CR001 not Casa)
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Whizart
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Re: SET(LR) Application Decision Pending - Spouse/Partner Visa Expires while waiting

Post by Whizart » Wed Apr 01, 2020 11:46 pm

CR001 wrote:
Wed Apr 01, 2020 6:42 am
She must apply for FLR m before her current visa expires. This applies whether you have received a decision on your application or not.

Note that she needs english A1 test for FLR m and she might struggle to find a centre open to do the test.
Thanks CR001 for taking out the time and responding to my query. Much appreciated.
I made a quick call today to an immigration adviser(Referred by my friend) and he said the exact same thing.
Regarding the English Test. My wife has a Master's Degree studied in the UK when she first came to UK on a student visa, so as per the guideline her master degree can be used as an evidence for English Language.

So I am thinking of going forward with the option of submitting my SET(LR) application first and then submit my wife's FLR (M) application before her current visa expires. Thank you for your help regarding that.

However, I was going through the FLR(M) application form and have some questions regrading it. Would really appreciate if someone can please advise me on the following - keeping in mind that my SET (LR) application decision will be pending at the time we submit my wife's FLR(M) application

QUESTIONS FROM FLR(M) APPLICATION FORM
1)On what basis did you apply for your current visa, leave to enter or remain or other permission?
-As the partner of a British citizen, settled person or a person with refugee leave or humanitarian protection in the UK
-As an adult coming to the UK to be cared for by a relative who is a British citizen, settled person or a person with refugee leave or humanitarian protection in the UK
-Private life in the UK
-None of the above
I selected "None of the above" and in the field provided I mentioned [PBS DEPENDANT]

2)What is your partner's basis for living in the UK? (Required)
-British Citizen
-Settled in the UK
-In the UK with limited leave as a refugee or a person with humanitarian protection
-EEA National with Permanent Residence
-Other
I selected "Other" [ Awaiting decision on SET (LR) Application made on XX.04.2020. Home Office Reference number: XXXXXXXX]

3) Please choose the reason you are applying for an extension, this includes if you are switching to a partner visa from another type. (Required)

-First extension as a partner (following an initial period of entry as a partner, or as a fiancé(e) or proposed civil partner of a settled person)
-Additional extension as a partner
-First application as a partner from within the UK (for example, you are currently in the UK on another type of visa or permission to stay)
-You delayed your travel to the UK by more than 3 months after the issue of a visa and have not yet completed the required amount of time on a partner visa (not including as a fiancé(e) or proposed civil partner)
-You require more time to meet the Knowledge of Language and Life in the UK requirements to apply for settlement
-You were granted entry as a fiancé(e) or proposed civil partner, but have not yet married or entered into a civil partnership
-You are applying for any other reason
I selected "Additional extension as a partner

4) Is there any specific way to link my wife's FLR (M) application with my SET(LR) . I was thinking of explaining it in the cover letter when we submit my wife's application . Will that be sufficient?

Once again Thank You in advance !

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Re: SET(LR) Application Decision Pending - Spouse/Partner Visa Expires while waiting

Post by CR001 » Thu Apr 02, 2020 6:40 am

3. It is the third option not the one you selected - First application as a partner from within the UK (for example, you are currently in the UK on another type of visa or permission to stay)

4. A cover letter. Note if your set LR fails, her FLR m will also fail.
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Whizart
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Re: SET(LR) Application Decision Pending - Spouse/Partner Visa Expires while waiting

Post by Whizart » Fri May 29, 2020 12:47 am

Thanks CR001 for answering the above questions. Much appreciated.

We've now submitted both our applications. I submitted my SET(LR) on 15th May AND my wife's application FLR(M) was submitted 1 week later on 22nd May. Both submitted via Standard service as Super Priority service remains suspended.

(Please Note: Since I've submitted the application online, I am unable to make any changes on the application form, However I've not uploaded any supporting Documents yet, so I can amend my cover letter etc. I've explained on both our cover letters that my wife's FLR(M) application must be considered once they've made a decision on my SET(LR) application.)

I've got 2 questions after submitting our application.

1) FLR (M) Application- Requires the spouse to sign the "Family Declaration Form" . Since my wife has applied FLR(M) before a decision has been granted on my SET (LR) - What option shall I select from the following considering that I am still awaiting decision. Also how do I explain this as I am really confused on this part and don't to select anything that can go against our application.

This declaration must be signed by the applicant’s partner and not by a representative or other person acting on their behalf. It must be sent to the Home Office with the applicant’s documents. If you fail to do so, the application may be refused.

I confirm that (tick relevant box)
 I am a British citizen
 I am settled in the UK (I have indefinite leave)
 I have leave to remain in the UK as a refugee / or as a person requiring humanitarian protection

2. FLR (M) Application Form- Mistake made on 1 question

Q. Who do you rent from ?

I've selected "Housing Association" instead of "Private". How do I correct this now ?
We pay rent to Estate Agents and I've looked up on the internet that we come under "Private" renting so I've selected the wrong option in error. Please let me know what is the best way possible to get this corrected.

Thank you in advance.

Whizart
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Re: SET(LR) Application Decision Pending - Spouse/Partner Visa Expires while waiting

Post by Whizart » Sun May 31, 2020 11:33 pm

Hi.

I request someone to please help me with the above questions if possible. Would really appreciate your valued advise.

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Re: SET(LR) Application Decision Pending - Spouse/Partner Visa Expires while waiting

Post by seagul » Mon Jun 01, 2020 10:18 am

If the application form is no longer editable then the only solution is to add an eloquent covering letter.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Whizart
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Re: SET(LR) Application Decision Pending - Spouse/Partner Visa Expires while waiting

Post by Whizart » Tue Jun 02, 2020 1:45 pm

Thanks for your response @seagul.

I think that would be the best possible option. Can anyone tell me if there is any specific format to submit a correction on the form Or can we put the following on the cover letter and that should be enough?

I request to submit a correction to the following question on the FLR(M) Form:

Q. Who do you rent from?
A. Privately (Rented from Property Agent)
Please see enclosed - Proof of Residence Letter from "XYZ Properties Agent"

Secondly, Can someone please help me answering the 1) question that I asked in my previous reply above. I have copied the question below again. Would really appreciate if someone could share some thoughts and advise.

FLR (M) Application- Requires the spouse to sign the "Family Declaration Form" . Since my wife has applied FLR(M) and I am still awaiting a decision on my SET (LR) - What option shall we select from the following considering that I am still awaiting decision. Also how do I explain this as I am really confused on this part and don't want to select anything that can go against our application. (My wife had to submit her FLR(M) Application because her visa is expiring on 31.05.20 and it is likely that I won't get a decision before her visa expires due to the current situation.

This declaration must be signed by the applicant’s partner and not by a representative or other person acting on their behalf. It must be sent to the Home Office with the applicant’s documents. If you fail to do so, the application may be refused.

I confirm that (tick relevant box)
 I am a British citizen
 I am settled in the UK (I have indefinite leave)
 I have leave to remain in the UK as a refugee / or as a person requiring humanitarian protection

Whizart
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Re: SET(LR) Application Decision Pending - Spouse/Partner Visa Expires while waiting

Post by Whizart » Sun Jun 14, 2020 11:29 am

Can anyone please help me with the above questions ?

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