ILR (SET M) financial requirement

Hi all I have read so many topics regarding my husbands ILR SET M application, wow so many answers, with the country on lockdown and COVID 19, reading how matters have been taken out of our hands.

I now need all your eyes and help, regarding my husbands application. We will be submitting it very soon and I seemed to have everything in order. Until my husband's self employment came to a stop... I can and have met the financial requirement for his previous visa application, as his sponsor and wife.

My questions are:

1. If I meet the financial requirement, do I need to still submit his self employment?

2. It is easier for me to collect all the required paper work, I have it all ready, stamped and printed and would make life so much easier. But would this effect his application if he doesn't put his own employment down?

3. If he doesn't put his employment down, we would like to write a covering letter to explain he is self employed and has the all the paper work to back this, but not meeting the financial requirement due to COVID 19 (last month).

4. My husband's visa is due to expire 24th May, we were advised to apply on 1st of May by our immigration advisor, however this was because we were hoping for super priority service, which we know is unavailable now. We plan to apply ASAP, will this be ok?

Look forward to your responses.
Dini

1. No you don't. You can use only your income.

2. No effect.

3. Not necessary.

4. When he qualifies depends on the date he entered the UK, which is the start of the qualifying period (you don't state what this date is).

He arrived in 4th March 2015 and would be here 5 years and 1month.

He could have applied in February already, within 28 days before the 5th anniversary of the date he entered the UK.

I know was just very bad timing. Had to go for an emergency trip and financially couldn’t do it. It is a lot of money!
Also another question
1. do we need to put a cover letter??
2. Social ties? We put no and explained why.

Thankyou for such a fast response and advice.

1. No.

2. He has no social ties to his home country?? No friends or family etc?

Oh I see that’s what it means... I thought so! Just seems repetitive, as explained in family in the country.

1. We did not receive any confirmation letter for life in the U.K. test, only a email with the reference/number. Should I print, scan and attach the email?

2. He is from Trinidad and Tobago and meets the English language requirements - national of a English speaking country, our advisor has explained. I have told my husband he is part of the common wealth... but he wants clarity for an expert! Sorry...

dinibhudia wrote: ↑

Tue Apr 14, 2020 7:58 pm

Oh I see that’s what it means... I thought so! Just seems repetitive, as explained in family in the country.

1. We did not receive any confirmation letter for life in the U.K. test, only a email with the reference/number. Should I print, scan and attach the email?

2. He is from Trinidad and Tobago and meets the English language requirements - national of a English speaking country, our advisor has explained. I have told my husband he is part of the common wealth... but he wants clarity for an expert! Sorry...

1. https://www.gov.uk/life-in-the-uk-test/ ... ppens-test

2. https://www.gov.uk/english-language/exemptions

Thankyou all for the help and answering my questions!

Bank statements - today was told my local bank would not write a letter or stamp my online statement as it was not essential! Even though I explained it was for Visa application!!
I rang the bank and explained, giving the branch name and they said they would only stamp my state

Would it matter if I don’t have a letter, as every page has a stamp??

dinibhudia wrote: ↑

Wed Apr 15, 2020 7:24 pm

Would it matter if I don’t have a letter, as every page has a stamp??

No additional letter would be needed if stamp has been endorsed.

Does anyone know how long I would have to upload documents after submitting the application form?

dinibhudia wrote: ↑

Thu Apr 16, 2020 12:27 pm

Does anyone know how long I would have to upload documents after submitting the application form?

They must be uploaded beforfe your biometric appointment date (obviously once the centres reopen).

Good evening,

We submitted our application for ILR SET M on 17th April 2020. All was good and we have been advise it was a strong application, until yesterday....

We received a letter from the police! With a Written charge.

First let me explain, on 7/7/2018 my husband was attacked at the shop from behind by a security guard. On the day of the big England football match, I waited outside the shop for him as the shop was packed... As I waited another man was being chased out of the shop by two workers, wearing pink and white. I remember what he was wearing as it was similar to what my husband was wearing. So as my husband came to the security guard grabbed him from behind, without any said and my he turned around in self defence and hit him.

My husband came straight to over to me explained what happened and before we knew it the police had him handcuffs, they took him to the police station and held him in over night. No hesitation, he paid for his items, had a receipt, no reason to handled by the security guard like that and no explanation of why he was being told to stop.

The next day he was released with a letter saying he was on bail, not to go into the shop. We didn't hear anything until now... 1 year and 9months later!!!

Before applying for ILR we contacted our solicitor and he said there are no charges, we contacted the police and they said there are no charges and don't worry about the visa application. Right before we applied we got advise from an immigration solicitor and again as there was no charges, so we didn't put anything down on the application form.

Today on 18/4/2020 we received a letter... a day after we submitted our application to say he has a written charge, for grievous bodily harm, to attend court on 10/6/2020.

Now what do we do....??? we are so stressed I am 3 months pregnant and worried my husbands ILR will get refused!!

1. do we make a new application, asking for a refund?
2. do we leave it and hope for the best?
3. Do we write a cover letter with the letter. attached explaining that we were advised by three different people not to do anything and explain our circumstances? Also explaining we received the letter after submitting the application, a day after, it has a date on the letter when it was sent out??

Please someone help!! My husband is in a state and we honestly are sick of worry and he wants to plead guilty, even though the police officers told him it was self defence and he was allowed to hold him like that.

I think the annoying think about this case is that it has taken 1 year 9 months to receive a written charge letter.
could the issue have been resolved by apologising to the security guy? Maybe . I guess that is irrelevant now or too late now.
With respect to your application. You can write a cover letter and also provide a copy of the written charge. Upload this to your UKVCAS account before you go for your biometrics appointment. Your application might be delayed because of the pending court case.
I am not entirely sure what the implication will be until the court case has been concluded. The worst-case scenario is that he is found guilty of assault, which is a criminal offence, it might impact on the ILR application ( I am not entirely sure) but I am certain that it will affect (delay) application for Citizenship.

Alternatively, you can withdraw the application and ask for a refund. You can then apply once the court hearing is complete and verdict given.

I will allow more experienced people In this area to comment.
you can also read this similar case here
indefinite-leave-to-remain/urgent-ilr-a ... 66160.html

I think that security officer has re-escalated this case with police. I hope he/she hasn't referred to a no win no fee solicitor who are in abundance around us.

We submitted our application for ILR SET M on 17th April 2020. All was good and we have been advise it was a strong application, until yesterday....

Surely if the ILR application was submitted in the 17th April and the notification of the charge wasn't received until after that (the 18th April), then there is nothing to declare, as all the information was correct as at 17th April the date of submission??

arjay wrote: ↑

Mon Apr 20, 2020 2:47 pm

We submitted our application for ILR SET M on 17th April 2020. All was good and we have been advise it was a strong application, until yesterday....

Surely if the ILR application was submitted in the 17th April and the notification of the charge wasn't received until after that (the 18th April), then there is nothing to declare, as all the information was correct as at 17th April the date of submission??

Any application to HO is usually placed on hold if there is pending prosecution, even if after an application is submitted.

seagul wrote: ↑

Mon Apr 20, 2020 2:29 pm

I think that security officer has re-escalated this case with police. I hope he/she hasn't referred to a no win no fee solicitor who are in abundance around us.

I’m guessing this is the case, maybe because of the Coronavirus cuts he is at home, sitting doing nothing and feels he can get something out of this!

Still not sure of what we should do now!?

Can we contact the prosecutor and ask him to sort it out, out of court? I’d rather lose money paying him something, even though he was in the wrong and my husband was stopped due to wrong identity.

Fair enough he shouldn’t have hit him! But as my husband said ‘it was a football match, England’s big match and there was lots of people his instinct was to protect himself, not be grabbed and pulled back, especially as he didn’t know what he had done wrong, except buy some water from a shop!’

Any more help or advice?? Please would be very great full just a step into what to do or what could happen!?

dinibhudia wrote: ↑

Mon Apr 20, 2020 7:51 pm

Any more help or advice?? Please would be very great full just a step into what to do or what could happen!?

If your solicitor could reach out to him and settle out of court, that might be quick especially when it looks like the security guy might be broke and looking to milk on the case. Otherwise, you can take your chances in the court and defend yourself because your husband might have a strong case. And if you have a good solicitor, they might be able to prove that the security guy is only trying to exploit the situation. If you go down this route, the ILR application will be placed on hold until the case is concluded.
I guess you should speak to your solicitor

Update advice

So we now have a case next Wednesday to put in my husbands plead - 'not guilty'. (2 years exact from incident).

We haven't heard anything from our application and only update we received was an email to say he is eligible to use his previous BRP fingerprints and update us on the upcoming app to upload his photo.

I have spoken to over half of the immigration advisors on the home office website, spent lots of money on consultations and officially give up on the system!

The advise I am getting it 50:50!!

Let home office know we have a pending court case which we received after our application, let them know I am pregnant and start to build a case for the future, tell them we heard nothing about a trail until after we submitted an application, our application will be denied as we didn't declare the incident which was over two years ago - even though police, solicitors etc told us there was nothing from it.

Then another few who says pray for hope and hope we get ILR before a trial date it set!!! Due to cover the trail will not be set and we may get the visa!!!

What advice do I trust?? this site always gave me better advice then paid solicitors and have been helpful throughout any questions I have had even though I had solicitors helping....

So I'm back again for advice......