SET(F) Application Query

Hi
This is my first post, however I am a keen reader of this forum and really appreciate the good job the members and admins are doing to help so many of us. I almost got all my query answered just by reading different topics and their reply, but like to post to this group to confirm some of my understanding and get few more queries Clarified.

1. I came to UK on 20/11/2011 (got my entry clearance Vignette dated 10/10/2011) using T2(G) route however failed to gain ILR after 5 years (due to a very minor driving offence that straight into court and I pleaded Guilty at the first place and got a fine and 3 points). This was happened 6 month prior to my ILR application on October 2016 and according to the rule it is a mandatory grounds of refusal (within 2 years). As I have only one more year in my Tier 2 ( maximum 6 years) I had to get my wife applied for T2(G) for 5 years (previously she was my dependent) and I became her dependent.

I will be completing my 10 year soon and planning to book my biometric appointment on or after 23/10/2021 (not the 28 days prior to my Visa date 10/10/2011 which is my permission to enter, not permission to Stay -as per gov.uk website). Is my understanding of the rule correct here?

I have no further offence since then not even any fixed Penalty Notice or points/endorsement or anything to do with police for that matter. My current leave will expire in 02/02/2022 and there is a total of 239 days absent in whole 10 years nothing more that 18 days at a stretch. So I guess there is no way my application be refused as there is no ground for serious of repetitive offences here. Please let me know if my understanding is correct here.

2. My younger daughter born in UK ( now she is 13) and can apply directly for registration as soon as my ILR is granted. Hope this is a correct understanding.

3. My wife came to Uk on 26/12/2011 as PBS dependent ( valid till 19/11/2017 with one extension in between) but switch to T2(G) by going to India in January 2017 and came back to UK 04/02/2017 with a 5 year Valid visa expiring on 02/02/2022. And me and my two daughters became her dependent with same validity. My wife subsequently changed her employer and that time only she got her visa changed and with a 1 more year of validity till 02/02/2023 ( total 6 years). We haven't changed our visa due to too much of cost involved. My wife will attain 10 year in December and she can apply for SET(LR) in November 2011 or in January 2022 using 5 year ILR route. Her job is very stable and we don't see any problem. Which option to go for depends on how we go about our elder daughter which is a slightly complicated and needs some of your advise and guidance.

4. My elder daughter came to UK on 06/05/2012 as my dependent first and then switch to dependent of her mother and Visa is valid till 02/02/2022. she didn't apply when her month's switched her employer. Please note that my elder daughter is now graduated from Uni and started job from September this year though still stays with us. If my wife goes for SET(LR) this November then my daughter cannot apply for ILR independently as she will not complete 10 years before her visa expires. My question is can she apply as dependent along with my wife in January 2022 using 5 year ILR route. My confusion is she didn't apply when my wife switched her job. I heard Homoffice may expect to get another visa done as dependent and then apply with her mother. Or it will be all right to apply for ILR with her mother without worrying too much.

Sorry for this long post and I wanted to put forward the full facts so as to get a good solid advise.

I know it is a bit long post, will someone care about giving me some advice that I badly need. Zimba may I request your expert advise

Your understanding is correct in those matters. Your wife can apply via either route. Under SET(O) she will apply with your elder daughter together for ILR under SET(O) (separate applications). Under SET(LR) she applies for ILR on her own and your daughter applies on her own using form SET(F). Dependant children do not have any requirement regarding their qualifying period and when both parents are settled (or about to be settled), she will qualify for settlement too.

Thank you Zimba for taking the time to clarify my doubts. I can see I do have another option my daughter to go via SET(F) route. Although in the website for SET(F) it is written.

" Settle in the UK as a child under 18: form SET(F)
Details
Use this form to apply online to settle in the UK if you are a child, or are applying on behalf of a child under 18.

You should check your eligibility before you apply. If you are eligible to apply you will find guidance on how to complete your application and the evidence you need to provide within the online application form."

As my daughter is now 21 and started working ( though staying with us) she will be eligible in that route.

Many thanks for your reply.

SET(F) can be used for over 18 dependants

HI Zimba, thank you very much , I will then prepare for my elder daughter to submit an SET(F) application along with my wife's SET(LR). She had the Life in UK test and I guess she needs to get her KOL proved by taking a ELTS B1 Level Test. Is there any other way she can prove KOL in SET(F). I didn't find anything other alternative as she was always on dependent visa as a child of below 18 and hence never had to prove this is earlier visa applications.
I am asking as she studied here in UK and graduated from Cambridge which in a way bit ridiculous to sit for that test and prove the same.

If she obtained a degree from a UK university, that degree can be used to satisfy the English language requirement

Hi Zimba, sorry to approach you again for your advice (so far immensely helpful and informative as always) . Yesterday (25th) I submitted my biometric for super priority application and got a Complex later today stating exceptionally complex issue blah.. blah.. (owing to my one rejection 5 years ago due to criminality law that time) will be decided by 26th January.

I have the following query ( I guess you may have to go back to my original long posts again to get the details , sorry)

1. in case My wife goes ahead and file for SET(LR) herself in last week of November I guess my Elder daughter cannot apply for SET(F) at that time. If no then My wife should not go for SET(LR) in November but should wait for my decision to come. My wife like to change her job soon ( interview at the last stage) hence want to get her ILR ASAP but in that case what option my Daughter will have? Here visa is valid till 02/02/2022 and her 10 year eligibility as an independent is coming only after 4th April 2022 ( 2 plus month gap).

2. Though I have my passport and Biometric with me I cannot travel ( I have booked my travel on 27th December to do my mother's 1 year ritual at home) unless I get a decision, though my visa is valid till 02/02/2022.

3. As they have responded with complex letter withing 24 hours there is no question of getting the refund of £800, poor me.

Thank you in advance.

1. Your wife should go ahead as planned for SET(LR). Your daughter has a valid visa until Feb so you better wait until your case is decided. In any case, she has to apply for SET(F) before her visa expiry even if your application is still being processed. Her application will be put on hold in that case

2. If you travel while having a pending application, your application will be automatically withdrawn. So you cannot travel

3. Correct. No refund I am afraid

Thank you very much , I will act according to your advise.

One more Question Zimba. Just I like to know my Plan B and Plan C in case something more worst happens. Say My Visa is not granted ( god knows what home office thinking) and Wife gets the ILR can my daughter apply for a dependent visa extension so that he get passed april 2022 to get her eligibility for her own SET(LR). My doubt on dependent Visa extension is based on the fact that she is as adult and in full time job though stay with us. Hence asking. Otherwise I have to ask for a Tier 2 sponsorship from her employer from now onwards just to be on the safeside.

saastech wrote: ↑

Wed Oct 27, 2021 9:25 am

One more Question Zimba. Just I like to know my Plan B and Plan C in case something more worst happens. Say My Visa is not granted ( god knows what home office thinking) and Wife gets the ILR can my daughter apply for a dependent visa extension so that he get passed april 2022 to get her eligibility for her own SET(LR). My doubt on dependent Visa extension is based on the fact that she is as adult and in full time job though stay with us. Hence asking. Otherwise I have to ask for a Tier 2 sponsorship from her employer from now onwards just to be on the safeside.

If that is your worry then I suggest that you apply for an extension for her now before your wife applies for SET(LR). Then when she got an extension, your wife may go ahead with her SET(LR).

Zimba, Thank you again for giving very sound advise. I know I should not be worried about this but somehow my visa debacle is continuing for so many years now. Hence talking about Plan B. and extending her visa will cost another set of lump some which is a bit of a consideration.

Lets say my wife get her ILR and I don't get that what are my options in that situation for my Daughter. Can my daughter gets some kind of extension so that we cover another 3 months? That would be a better option as I will already know my decisions and I can act upon that Though she staying with us only but her full time job can anyway hurt her chance to be dependent on her already settled mother?

saastech wrote: ↑

Thu Oct 28, 2021 8:11 am

Zimba, Thank you again for giving very sound advise. I know I should not be worried about this but somehow my visa debacle is continuing for so many years now. Hence talking about Plan B. and extending her visa will cost another set of lump some which is a bit of a consideration.

Lets say my wife get her ILR and I don't get that what are my options in that situation for my Daughter. Can my daughter gets some kind of extension so that we cover another 3 months? That would be a better option as I will already know my decisions and I can act upon that Though she staying with us only but her full time job can anyway hurt her chance to be dependent on her already settled mother?

I think it is possible to get a visa for her under family route via FLR(M)

Got It , Thanks. I will go ahead and submit the ILR for my wife and lets see what is waiting for me.

Hi Zimba, I have now almost done with my Wife's SET(LR) application just one confusion regarding continuous stay of her in UK.

The guide says that

"Continuous residence is considered to be broken if the applicant has:
• been absent from the UK for a period of more than 6 months at any one time
• spent a total of 18 months outside the UK throughout the whole 10 year period"

My wife was in total 524 days absent which is lower that 540 days ( which is good) , however in her first year of stay she was out of UK for a considerable time in year 2012.
Her Initial entry was on 26/12/2011 then her 2012 arrival departure is as follows;

Departure from UK Arrival at UK Days
14/01/2012 12/05/2012 119
14/05/2012 19/05/2012 5
09/06/2012 29/09/2012 112

Though any of those were not continuous ( and less than 180 days).

The guide tells in another paragraph;
"If the applicant has been absent from the UK for more than 6 months in one period
or more than 18 months in total, the application should normally be refused. "

The word 'one period' can be interpreted differently . I know SET(O) cases these were treated slightly differently.

From your experience do you see any danger of rejection here?

Will wait for your valued comments/observations.

There is no total absence per year limits under the long residence. It is total absences of 540 in the last 10 years and no continuous gap of 6 months or more. 'one period' means continuous

Thank you very much.

My wife has an appointment for ILR today and Granted ILR ( email came today). I will now wait for my decision to come. and I will apply for my daughters in due course. Thank you very much for an immensely helpful advice given throughout the journey

Hi- congrats for your wife’s ILR approval. I am applying in couple of weeks myself for ILR LR. I was just wondering, were you able to find a super priority slot? If so, what time of the day did you log in and find it?

Thanks alot.

Hi Zimba,
This query is in continuation to my( which is locked).
SET(LR) and Options

As per your very kind advice and guidance
1. My Wife got his ILR through SET(LR) route.
2. I have applied through SE(LR) route and still awaiting decision, Home office should come back by 26th January and my Visa is expiring by 2nd February 2022.
3. My Younger daughter (born in UK) applied for Registration as UK citizen and awaiting decisions.
4. Now I am in the process of applying for my elder daughter (currently dependent on her mother's visa expiring 2nd February 2022) using SET(F) Route as you suggested previously

The query I have regarding question "Who is your sponsor for this application?". I like to make my wife as sponsor as we were all under her dependent visa before making our own settlement application. However I pay the mortgage on the house where we all are living and my wife pays the council Tax.

My dilemma is, If I put my wife as sponsor she cannot provide proof of mortgage payment but can produce settled status evidence.
If I put my name (Which is never my first choice) I can provide mortgage payment proof but I cannot provide settled status evidence as the decision is still awaiting. I don't like to wait further for my daughter's application as it is hardly anytime time left for her visa and I may struggle to get appointments in time.

What is your advise on choosing the most appropriate option in this situation.

Thank you very much for your advise to progress up to this point.

Any parent can be named as the sponsor, whatever that means. Remember that the success of SET(F) is simply predicted on the fact that BOTH of the parents are settled here

Hi Zimba, Referring to My application SET(LR) dated 26th October 2021 (super priority) received the complex letter (owing to my driving offence I suppose) on the same day. The letter stated that "We expect to make a decision on your application by 26 January 2022, but we will write to you again if this is not going to be possible.

However that date is gone and haven't hear anything from them. Not that I am surprised. However should I do anything right now ?

Or should I assume that as it is now treated as standard application I can expect it to come in February end ( current usual SET(LR) time line) or even later due to the criminality related checks.

I thought they will at least let me know by 26th that they like to take more time.

You should wait to hear back

Hi Zimba, I am again writing to you to see if you can give me any info that may help.
I submitted my daughter's SET(F) application and booked biometric appointment for 5th February ( the date when her current leave was expiring). Though I am still waiting for my ILR approval ( 5 and half months and still counting) this application will go on hold (as suggested by you) and eventually get a decision based on my outcome. However in a parallel route by daughter managed to pursue her employer to submit a Skilled worker visa on 4th February and got the visa.
Problem is I have cancelled the Biometric appointment for SET(F) application on 3rd February ( 2 days before the appointment) but not able to know how can I get the SET(F) application cancelled online and get the £2404 paid refunded.

If I log into application it takes me to the last page straight (to tell me to book appointment etc. ) no where I am finding any button to go back and see where from I cancel the application. In the right upper left corner I see dropdown with 2 options , download PDF and sign out. The other tabs like Start, Application , Declaration, payment are all greyed out.
For last 2 months I have tried to call home office, sent 3/4 mails all they have responded with a help page on how to cancel an application. I even submitted the application withdrawal form and got an acknowledgement that they will come back in 10 days. But months gone nothing happened.

As I haven't submitted any document and canceled the biometric appearing before appearing I should get the refund.

My daughter got her skilled worker visa in February and now will be applying this month for SET(LR) . I have checked the Old application is still there ( supposed to be removed by 16th March) and I am not sure How can I get this cancelled and get the money back.

Please help me with your valuable advise.