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"Proof of application"

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

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drgold
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SET(O) isn't asking for spouse's time in the country: am I missing something?

Post by drgold » Sun Feb 27, 2022 9:21 pm

I am in the UK on a Global Talent visa, my spouse is here as my dependent, and we are applying for ILR using Set(O). The rules state

"Qualifying period requirement for settlement as a dependent partner on the Global Talent route

GT 30.1. The applicant must have spent a continuous period of 5 years in the UK with permission as a dependent partner of the person (P) in GT 27.1."

This is fine as my spouse has indeed spent a continuous period of 5 years in the UK with permission as my dependent partner, but I was very surprised to see that there does not seem to be a place in the online application that asks about trips or time that the dependent partner spent outside the UK (whereas I as the main applicant had to list every trip I took outside of the UK "however short"). Am I missing something? Should we be prepared with a list of my spouse's trips in case they e-mail us to request this on short notice?

ywlgy
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Re: SET(O) isn't asking for spouse's time in the country: am I missing something?

Post by ywlgy » Sun Feb 27, 2022 10:17 pm

CR 3.2. Where a dependant partner was absent during a period of permission granted before 11 January 2018, that period of absence will not be counted towards the 180-day limit when calculating the dependant applicant’s continuous residence period if the person on whom they were dependant (the main applicant) was on one of the following routes:
(a) Tier 1; or
(b) Tier 2; or
(c) Tier 5 (Temporary Worker); or
(d) Global Talent; or
(e) Start Up; or
(f) Innovator.
I remember there was a question asking if you have permission granted after 11 January 2018. If selecting yes, you will be asked to list all absences. Otherwise no
DISCLAIMER: Advice given is based on my past experience and/or my interpretation of Immigration Rules and UKVI documents.

drgold
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Posts: 28
Joined: Fri Jul 24, 2015 1:13 pm

"Proof of application"

Post by drgold » Thu Mar 03, 2022 1:43 pm

When uploading files, under "Proof of application", the UKVCAS website states:

"Consent form for the Home Office to request verification checks on XXXX for joint accounts or third party support, Declaration signed by XXXX to confirm consent for the Home Office to request verification checks, The passport issued by United States of America for XXXX"

The signed consent form for joint accounts or third party support is clear (Parts 2 & 3 of the downloadable consent form). For "Declaration signed by XXXX to confirm consent...", they are just talking about Part 1 of that same downloadable consent form, correct? Is it also advised to upload the PDF of one's actual application?

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zimba
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Re: "Proof of application"

Post by zimba » Thu Mar 03, 2022 3:47 pm

Correct
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

drgold
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Re: SET(O) isn't asking for spouse's time in the country: am I missing something?

Post by drgold » Fri Mar 04, 2022 9:13 pm

ywlgy wrote:
Sun Feb 27, 2022 10:17 pm
CR 3.2. Where a dependant partner was absent during a period of permission granted before 11 January 2018, that period of absence will not be counted towards the 180-day limit when calculating the dependant applicant’s continuous residence period if the person on whom they were dependant (the main applicant) was on one of the following routes:
(a) Tier 1; or
(b) Tier 2; or
(c) Tier 5 (Temporary Worker); or
(d) Global Talent; or
(e) Start Up; or
(f) Innovator.
I remember there was a question asking if you have permission granted after 11 January 2018. If selecting yes, you will be asked to list all absences. Otherwise no
Interesting, thanks. We have been in the UK since 2014 but originally on Tier 2, and did not switch to Tier 1 Exceptional Talent until after 11 Jan 2018. The form didn't ask us whether permission was granted after 11 January 2018 -- I just looked back at the PDF of our submitted application to confirm.

Does a switch from a Tier 2 to a Tier 1 Exceptional Talent count as the beginning of a new 'period of permission'? If it doesn't, then the rule ywlgy cited explains why they don't need to verify that my wife's absences are under the 180-day limit.

But if it does, then I'm a little confused as to why the form didn't ask whether my permission was granted after 11 January 2018, or why it didn't ask for my wife's absences after it learned that the issue date of her BRP was after January 2018. Makes me wonder if the form designers forgot that the Set(O) Global Talent form would also be used by Tier 1 ET folks who came in prior to the "Global Talent" renaming. Given that we were not granted leave under Tier 1 ET until after 11 Jan 2018, should we upload a list of her absences with reasons to UKVCAS before our appointment? Or anything else of that nature?

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zimba
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Re: "Proof of application"

Post by zimba » Sat Mar 05, 2022 1:32 pm

You need to relax. The UKVI does not rely on the form to calculate the absences. They rely on their systems.
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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