Need help with Set(O) Form queries.

RAJ007 · Post by **RAJ007** » Mon Jan 23, 2023 5:56 pm

Hello

I have a confusion on 180 days absence rule for my wife ILR, who is currently on PBS dependent Visa.

She has already completed 5 years on PBs dependent visa route.

Came to UK In 2017. Got her 1st visa extension in 2019 and 2nd visa extension in 2022.

Below are are Absence history :

1st Absence between Aug 2018 - Oct 2018 --> 42 Days
2nd Absence between Oct 2022 - Feb 2023 --> 139 Days

So below are my queries;

.1. So does this 180 days absence rules means, the total of absences cannot be more than 180 days in last 5 years ?
.2. Or is this 180 days absence rule in last 12 months period, which means you cannot be out of UK for more than 180 days in any 12 months period but can be out of UK less than 180 days for example 100 days in each year i.e. 2023 , 2022 and so on.
.3. Based on her absence mentioned above which is total of 181 days in last 5 years, will cause an issue for my wife ILR who is currently on PBS dependent visa.
.4. If the total of absence is more than 180 days in last 5 years, does she need to wait until Oct 2023 for her ILR application to exclude the absence of 42 days in 2018 ?
.5. As I am the main applicant and I already got my ILR, does my my need to show any documents for her absences from UK as she was on holiday during that time and she does not work.

Please advice and help me with my queries. Your help will be much appreciated.

Thanks

CR001 · Post by **CR001** » Mon Jan 23, 2023 6:07 pm

1. No.

2. It is 180 days absence in ANY 12 month period and ONLY for a visa granted on or after 11 January 2018. So only her absence after her 2019 visa is counted. It is not a calendar year either, it is ANY 12 month period.

3. No.

4. No.

5. No. Declare the absence in 2022 in the form and stamped passport pages. That's it!!

RAJ007 · Post by **RAJ007** » Mon Jan 23, 2023 10:29 pm

Thanks CR001 for answering all my queries. That was really helpful.

Related to point 2 ,and this is just for my knowledge, I understand now that there should not be more than 180 days absence in any 12 months period within last 5 qualifying years.

So does that mean person on PBS dependent visa can go on holiday for let say 3 to 4 months every year in last 5 years and will not break the 180 days rule and still qualify for ILR ?

Thanks

CR001 wrote: ↑
Mon Jan 23, 2023 6:07 pm
1. No.

2. It is 180 days absence in ANY 12 month period and ONLY for a visa granted on or after 11 January 2018. So only her absence after her 2019 visa is counted. It is not a calendar year either, it is ANY 12 month period.

3. No.

4. No.

5. No. Declare the absence in 2022 in the form and stamped passport pages. That's it!!

RAJ007 · Post by **RAJ007** » Sun Nov 26, 2023 4:57 pm

Hello,

I have an ILR and will be soon applying for my wife ILR, who is currently on PBS dependent Visa.

She has already completed 5 years on PBS dependent visa.

My wife immigration history is as below;

• My wife first came to UK in 2017.

• Thereafter she got her 1st visa extension in 2019

• And she again got her 2nd visa extension in 2022.

Below are her Absence history:

• 1st Absence between Aug 2018 - Oct 2018 --> 42 Days
• 2nd Absence between Oct 2022 - Feb 2023 --> 139 Days

Below are some of the questions asked on Set(O) form, where I have some confusion;

.1. Does the period of stay on which this application was based include any leave granted since
11 January 2018?
My Answer --> Yes

.2. Have you had any absences from the UK during any leave granted since 11 January 2018?
(This includes all absences however short. Do not include travel to Crown Dependencies.)
My Answer --> Yes

And have added the 2nd Absence on the application form i.e. between Oct 2022 - Feb 2023 --> 139 Days

.3. What was the reason for this time spent outside the UK and Crown Dependencies?
My Answer --> To spend time with my Family and Friends.

So below are my queries;

.1. Do I need to add the absence of 42 days in 2018, on Set(O) Application Form?
As last continuous 5 years on which the application will be based, does not include 2018.
So, I presume I don't need to include this on the application form. Correct me if I am wrong.

.2. Do I need to include any covering letter about this absences and include all the absence on the
covering letter since my wife came into the UK?

.3. How many year of cohabitation documents we need to show? is this for last 5 years or last 2 years?

.4. As per my understanding, this 180 days absences are not the total 180 days absences allowed in 5 years, but its 180 days absences allowed in any 12 months outside UK. So technically, person can be out of UK more than 180 in last 5 years, but should not have absences more than 180 days outside UK in any 12 months period. Correct me if I am wrong on this ?

Please guide me on this and please answer to my queries I have on the Set(O) form. Your help will be much appreciated.

Thanks

CR001 · Post by **CR001** » Sun Nov 26, 2023 5:00 pm

.1. Do I need to add the absence of 42 days in 2018, on Set(O) Application Form?
As last continuous 5 years on which the application will be based, does not include 2018.
So, I presume I don't need to include this on the application form. Correct me if I am wrong.

No you don't add them.

.2. Do I need to include any covering letter about this absences and include all the absence on the
covering letter since my wife came into the UK?

No.

.3. How many year of cohabitation documents we need to show? is this for last 5 years or last 2 years?

Last 2 years.

.4. As per my understanding, this 180 days absences are not the total 180 days absences allowed in 5 years, but its 180 days absences allowed in any 12 months outside UK. So technically, person can be out of UK more than 180 in last 5 years, but should not have absences more than 180 days outside UK in any 12 months period. Correct me if I am wrong on this ?

Correct. This was all explained to you in January when you asked the same question! Nothing has changed in the rules.

Topics merged!

RAJ007 · Post by **RAJ007** » Sun Nov 26, 2023 5:33 pm

CR001 wrote: ↑
Sun Nov 26, 2023 5:00 pm

.1. Do I need to add the absence of 42 days in 2018, on Set(O) Application Form?
As last continuous 5 years on which the application will be based, does not include 2018.
So, I presume I don't need to include this on the application form. Correct me if I am wrong.
No you don't add them.

.2. Do I need to include any covering letter about this absences and include all the absence on the
covering letter since my wife came into the UK?
No.

.3. How many year of cohabitation documents we need to show? is this for last 5 years or last 2 years?
Last 2 years.

.4. As per my understanding, this 180 days absences are not the total 180 days absences allowed in 5 years, but its 180 days absences allowed in any 12 months outside UK. So technically, person can be out of UK more than 180 in last 5 years, but should not have absences more than 180 days outside UK in any 12 months period. Correct me if I am wrong on this ?
Correct. This was all explained to you in January when you asked the same question! Nothing has changed in the rules.

Topics merged!

Thanks CR001 for answering my queries. It was really helpful!

RAJ007 · Post by **RAJ007** » Mon Nov 27, 2023 11:31 am

RAJ007 wrote: ↑
Sun Nov 26, 2023 5:33 pm

CR001 wrote: ↑
Sun Nov 26, 2023 5:00 pm

Hi CR001,

I have always submitted a letter from HR, stating my Job Title and Current Annual Salary for all the extension for my wife visa.

When I got my first Tier 2 Visa, my Job Title was "Developer" and after My ILR my Job Title got changed to "Senior Software Engineer".

So does this change of Job Title will have any impact on my wife ILR , who is currently on PBS Dependent Partner Visa ?

Please let me know on this, as I am planning to submit the same kind of HR letter with my wife ILR application .

Many Thanks.

CR001 · Post by **CR001** » Mon Nov 27, 2023 11:41 am

Your job title and salary are irrelevant. Whether you work or not is also irrelevant.

There is NO financial requirement for skilled worker dependent visas.

Your employer letter is NOT required, it is irrelevant.

Submit only what is required by the rules, not what you think is needed.

RAJ007 · Post by **RAJ007** » Tue Nov 28, 2023 11:33 am

CR001 wrote: ↑
Mon Nov 27, 2023 11:41 am
Your job title and salary are irrelevant. Whether you work or not is also irrelevant.

There is NO financial requirement for skilled worker dependent visas.

Your employer letter is NOT required, it is irrelevant.

Submit only what is required by the rules, not what you think is needed.

Thanks CR001.

So in that case I will not submit the HR letter.

Will just submit my payslips and bank statement, as she is financially dependent on me as she currently does not work.

Many Thanks.

CR001 · Post by **CR001** » Tue Nov 28, 2023 11:47 am

You do NOT need payslips and bank statements to prove any financial support!

RAJ007 · Post by **RAJ007** » Thu Dec 07, 2023 11:01 am

CR001 wrote: ↑
Tue Nov 28, 2023 11:47 am
You do NOT need payslips and bank statements to prove any financial support!

Thanks CR001 for your help.

RAJ007 · Post by **RAJ007** » Mon Feb 12, 2024 6:19 pm

Hi,

I managed to fill in Set(O) form for my wife ILR and will be submitting the application this week.

I am currently on ILR through Tier 2 General Visa route. And my wife is on the dependent visa through same Tier 2 General route.

So I have following queries;
.1. I have currently left my current job and not working and looking for the new job. But have enough savings in my bank at the moment. So will that have any impact on my wife ILR and she is dependent on me financially and I am not working at the moment. ?

.2.My wife is financially dependent on me as she is currently not working and one of the question on the Set(O) form is related to this and have declared on the form as YES for this question as below;
"Does the account with the bank or utility company for which you have supplied information and supporting documentation relate to another person who is to provide you financial support ?" ? So is this CORRECT?

.3. Set(O) form ask for my pervious employer sponsorship details , which I filled in all the details on the Set(O) form, but now I have left the company though which I got the ILR , so will that have any impact on my wife ILR ?

Please help me with this queries.

Many Thanks.

zimba · Post by **zimba** » Mon Feb 12, 2024 6:35 pm

Did you read any advice given to you previously or not ???

CR001 wrote: ↑
Mon Nov 27, 2023 11:41 am
Your job title and salary are irrelevant. Whether you work or not is also irrelevant.

There is NO financial requirement for skilled worker dependent visas.

Your employer letter is NOT required, it is irrelevant.

Submit only what is required by the rules, not what you think is needed.

RAJ007 · Post by **RAJ007** » Mon Feb 12, 2024 6:50 pm

zimba wrote: ↑
Mon Feb 12, 2024 6:35 pm
Did you read any advice given to you previously or not ???

CR001 wrote: ↑
Mon Nov 27, 2023 11:41 am
Your job title and salary are irrelevant. Whether you work or not is also irrelevant.

There is NO financial requirement for skilled worker dependent visas.

Your employer letter is NOT required, it is irrelevant.

Submit only what is required by the rules, not what you think is needed.

Thanks Zimba, yes I have read the previous advice given to me, but my circumstances recently got changed and that's the reason had some queries and want some clarification on this.

Thanks

zimba · Post by **zimba** » Mon Feb 12, 2024 7:02 pm

What has changed ? Getting ILR does not change anything. The answer to your questions remains the same

1. There is no financial requirement at all for dependent
2. This question is regarding the cohabitation documents like bills, utilities, etc, so Yes is correct
3. Provide old sponsor details

RAJ007 · Post by **RAJ007** » Mon Feb 12, 2024 7:47 pm

zimba wrote: ↑
Mon Feb 12, 2024 7:02 pm
What has changed ? Getting ILR does not change anything. The answer to your questions remains the same

1. There is no financial requirement at all for dependent
2. This question is regarding the cohabitation documents like bills, utilities, etc, so Yes is correct
3. Provide old sponsor details

Hi Zimba,

Currently I left my current employer who sponsored me Tier 2 visa initially, and through which I also got ILR. So that was change of circumstance.

As I am currently not working, so had few queries.

But thanks for advising and answering all my queries.

Many Thanks.

CR001 · Post by **CR001** » Mon Feb 12, 2024 7:48 pm

RAJ007 wrote: ↑
Mon Feb 12, 2024 7:47 pm

zimba wrote: ↑
Mon Feb 12, 2024 7:02 pm
What has changed ? Getting ILR does not change anything. The answer to your questions remains the same

1. There is no financial requirement at all for dependent
2. This question is regarding the cohabitation documents like bills, utilities, etc, so Yes is correct
3. Provide old sponsor details
Hi Zimba,

Currently I left my current employer who sponsored me Tier 2 visa initially, and through which I also got ILR. So that was change of circumstance.

As I am currently not working, so had few queries.

But thanks for advising and answering all my queries.

Many Thanks.

This does NOT matter. It is irrelevant.

RAJ007 · Post by **RAJ007** » Mon Feb 19, 2024 5:42 pm

Thanks CR001

RAJ007 · Post by **RAJ007** » Mon Feb 19, 2024 5:52 pm

Hi,

I have below query if someone could please help me with this;

.1. In Immigration Details section , there is a question i.e. "Have you previously lived in the country outside the UK including the country of birth?

So for this I mentioned country India as my wife lived there from birth till she came first to Uk in 2017.

Secondly I also mentioned the holiday she spent in Dubai for a week in 2014. So, was that Okay to enter the holiday entry to Dubai in this section ? as the application is already submitted and so do I need to explain this in the covering letter.

Please help me with this query.

Thanks

CR001 · Post by **CR001** » Mon Feb 19, 2024 5:58 pm

No, not holidays. The question specifically asks lived, not visit as tourist.

RAJ007 · Post by **RAJ007** » Mon Feb 19, 2024 6:33 pm

CR001 wrote: ↑
Mon Feb 19, 2024 5:58 pm
No, not holidays. The question specifically asks lived, not visit as tourist.

As, I have already submitted my application and paid for it and later I realized this.

Also the reason I mentioned for that Dubai entry was, "for holiday in Dubai".

So what would be best next step for me to take;

.1. So should I explain this in covering letter about this mistake I made ?

.2. Withdraw the application and make a fresh application ? And if that is the case how to withdraw the application or the same application can be corrected by calling their helpline ?

Please help me on this.

Thanks

CR001 · Post by **CR001** » Mon Feb 19, 2024 6:40 pm

It won't affect the application, but really important to read questions properly and answer correctly.

RAJ007 · Post by **RAJ007** » Mon Feb 19, 2024 6:52 pm

CR001 wrote: ↑
Mon Feb 19, 2024 6:40 pm
It won't affect the application, but really important to read questions properly and answer correctly.

Thansk CR001

Just to be clear, are you saying I should not explain this or mention this in covering letter ?
As this will not affect the application.

Please let me know on this.

Thanks

CR001 · Post by **CR001** » Mon Feb 19, 2024 6:58 pm

Just to be clear, are you saying I should not explain this or mention this in covering letter ?
As this will not affect the application.

Correct

RAJ007 · Post by **RAJ007** » Fri Mar 15, 2024 10:52 pm

Hi All,

In the document checklist there are 2 items being asked as below;
.1. Current Biometric Residence Permit
.2. Evidence of Immigration Status in the UK.

So could anyone please help me with below queries please;
.1. What documents can be provided for point 2 i.e. "Evidence of Immigration Status in the UK".?
.2. Also can we provide the share code for Immigration Status from below link;
https://www.gov.uk/view-prove-immigration-status ?
.3. Can we also provide the email from home office related to the approval of the Tier 2 dependent partner visa with the Visa Expiry date on the email?

Thanks

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