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SET (O) - Section 13 - Doubting Solicitor's advice
Posted: Tue Jul 17, 2018 9:33 pm
by tamoni
Hi Gurus and Moderators,
It looks like I am doubting my solicitor's advice. In short, since the time I got my TIER 2 G in 2013 my husband and I lived separately (due to our work commitments). We would see each other every other week, but the rented accommodation and utility bills were on our names. This was clearly stated in the cover letter for Tier 2 extension in 2016 as well. As of November 2017 (i was back from maternity) the situation has changed, I moved in with my sis in law (she works part-time and helps a lot with my son), so I no longer have any tenancy agreement or utility bills on both our names to show to HO.
So my solicitor says that Section 13 of SET(O) form has to be signed by my sister in law's husband as he is the owner of the property and all bills are on his name. I doubt it, as Section 13 mentions:
SET(O) Version 07/2018
Section 13 - Consent for the Home Office to request
verification checks (continued)
If the account with the bank or utility company relates to another person who is to provide the
applicant with financial support, that person* should sign the following declaration :
I am a friend or relative whom the above-named person (‘the applicant’) has stated will provide
financial support. The Home Office is verifying this by checking the documentation which the
applicant has supplied about my accounts with banks or utility companies (a ‘company’).
Neither my sister in law nor her husband provide me with financial support, in fact it is me who is out of curtesy paying monthly rent, also shown on my bank statements i am providing. Plus i do not hold any documentation from bank or utility company on my sister in law's husband to provide HO with.
Please advise.
Re: SET (O) - Section 13 - Doubting Solicitor's advice
Posted: Tue Jul 17, 2018 11:09 pm
by zimba
How is this relevant to your sister in law ???!
You must provide evidence that you and your husband are living together or you cannot get ILR
Re: SET (O) - Section 13 - Doubting Solicitor's advice
Posted: Tue Jul 17, 2018 11:26 pm
by cyclina1
Zimba wrote: ↑Tue Jul 17, 2018 11:09 pm
How is this relevant to your sister in law ???!
You must provide evidence that you and your husband are living together or you cannot get ILR
i think she has her own Tier 2 general visa. Just don't know her husband hold dependent or has his tier 2 on his own.
Re: SET (O) - Section 13 - Doubting Solicitor's advice
Posted: Tue Jul 17, 2018 11:37 pm
by cyclina1
tamoni wrote: ↑Tue Jul 17, 2018 9:33 pm
Hi Gurus and Moderators,
It looks like I am doubting my solicitor's advice. In short, since the time I got my TIER 2 G in 2013 my husband and I lived separately (due to our work commitments). We would see each other every other week, but the rented accommodation and utility bills were on our names. This was clearly stated in the cover letter for Tier 2 extension in 2016 as well. As of November 2017 (i was back from maternity) the situation has changed, I moved in with my sis in law (she works part-time and helps a lot with my son), so I no longer have any tenancy agreement or utility bills on both our names to show to HO.
So my solicitor says that Section 13 of SET(O) form has to be signed by my sister in law's husband as he is the owner of the property and all bills are on his name. I doubt it, as Section 13 mentions:
SET(O) Version 07/2018
Section 13 - Consent for the Home Office to request
verification checks (continued)
If the account with the bank or utility company relates to another person who is to provide the
applicant with financial support, that person* should sign the following declaration :
I am a friend or relative whom the above-named person (‘the applicant’) has stated will provide
financial support. The Home Office is verifying this by checking the documentation which the
applicant has supplied about my accounts with banks or utility companies (a ‘company’).
Neither my sister in law nor her husband provide me with financial support, in fact it is me who is out of curtesy paying monthly rent, also shown on my bank statements i am providing. Plus i do not hold any documentation from bank or utility company on my sister in law's husband to provide HO with.
Please advise.
so you are living with your sis in law's home, and pay them rent or share the cost of utilities , but just no tenancy agreement? this is my understanding.
In this case, they do financially supporting you by providing you housing, even you pay the share of utilities cost, it can only consider as a gesture but not rent. If you say it is rent, then your sis-in-law husband will be liable to tax for this rental income.
it should not affect your ILR application (assume you have your own Tier 2 visa), however a cover letter is required to explain this.
Re: SET (O) - Section 13 - Doubting Solicitor's advice
Posted: Wed Jul 18, 2018 8:24 am
by tamoni
Zimba wrote: ↑Tue Jul 17, 2018 11:09 pm
How is this relevant to your sister in law ???!
You must provide evidence that you and your husband are living together or you cannot get ILR
That’s a bit strange ... so what about those couple who have family, have children but due to work contracts cannot live in same town/city. He is on Tier 2 Dependent visa. And the relevance is that since I now live with a relevant I cannot provide tenancy agreement on my and my husband’s name and neither of us pay bills either!
Re: SET (O) - Section 13 - Doubting Solicitor's advice
Posted: Wed Jul 18, 2018 8:26 am
by tamoni
cyclina1 wrote: ↑Tue Jul 17, 2018 11:26 pm
Zimba wrote: ↑Tue Jul 17, 2018 11:09 pm
How is this relevant to your sister in law ???!
You must provide evidence that you and your husband are living together or you cannot get ILR
i think she has her own Tier 2 general visa. Just don't know her husband hold dependent or has his tier 2 on his own.
My husband holds tier 2 Dependent visa, I’m applying for ILR first and he will be applying later when he qualifies.
Re: SET (O) - Section 13 - Doubting Solicitor's advice
Posted: Wed Jul 18, 2018 8:32 am
by tamoni
cyclina1 wrote: ↑Tue Jul 17, 2018 11:37 pm
tamoni wrote: ↑Tue Jul 17, 2018 9:33 pm
Hi Gurus and Moderators,
It looks like I am doubting my solicitor's advice. In short, since the time I got my TIER 2 G in 2013 my husband and I lived separately (due to our work commitments). We would see each other every other week, but the rented accommodation and utility bills were on our names. This was clearly stated in the cover letter for Tier 2 extension in 2016 as well. As of November 2017 (i was back from maternity) the situation has changed, I moved in with my sis in law (she works part-time and helps a lot with my son), so I no longer have any tenancy agreement or utility bills on both our names to show to HO.
So my solicitor says that Section 13 of SET(O) form has to be signed by my sister in law's husband as he is the owner of the property and all bills are on his name. I doubt it, as Section 13 mentions:
SET(O) Version 07/2018
Section 13 - Consent for the Home Office to request
verification checks (continued)
If the account with the bank or utility company relates to another person who is to provide the
applicant with financial support, that person* should sign the following declaration :
I am a friend or relative whom the above-named person (‘the applicant’) has stated will provide
financial support. The Home Office is verifying this by checking the documentation which the
applicant has supplied about my accounts with banks or utility companies (a ‘company’).
Neither my sister in law nor her husband provide me with financial support, in fact it is me who is out of curtesy paying monthly rent, also shown on my bank statements i am providing. Plus i do not hold any documentation from bank or utility company on my sister in law's husband to provide HO with.
Please advise.
so you are living with your sis in law's home, and pay them rent or share the cost of utilities , but just no tenancy agreement? this is my understanding.
In this case, they do financially supporting you by providing you housing, even you pay the share of utilities cost, it can only consider as a gesture but not rent. If you say it is rent, then your sis-in-law husband will be liable to tax for this rental income.
it should not affect your ILR application (assume you have your own Tier 2 visa), however a cover letter is required to explain this.
I see... so does her husband need to sign that section 13 ? If I leave it blank will it be a problem? Plus my sis in law has already given me kind of reference letter where she has explained our living arrangements, reasons for that and also attached the front page of her passport. So with this reference and a blank Secrion 13 in mind u think it should be acceptable ???
Re: SET (O) - Section 13 - Doubting Solicitor's advice
Posted: Wed Jul 18, 2018 8:34 am
by CR001
It is your husband as the dependent, that will be required to show evidence of cohabitation and subsisting marriage for at least 2 years for ILR.
Section 13 is not relevant to your family as you are not required to provide cohabitation evidence as the main tier 2 general applicant applying on your own.
Re: SET (O) - Section 13 - Doubting Solicitor's advice
Posted: Wed Jul 18, 2018 10:33 am
by tamoni
CR001 wrote: ↑Wed Jul 18, 2018 8:34 am
It is your husband as the dependent, that will be required to show evidence of cohabitation and subsisting marriage for at least 2 years for ILR.
Section 13 is not relevant to your family as you are not required to provide cohabitation evidence as the main tier 2 general applicant applying on your own.
ok so i just ignore that section and will simply provide reference letter from my sister in law confirming our living arrangements with the copy of front page of her passport?
Re: SET (O) - Section 13 - Doubting Solicitor's advice
Posted: Wed Jul 18, 2018 10:36 am
by CR001
tamoni wrote: ↑Wed Jul 18, 2018 10:33 am
CR001 wrote: ↑Wed Jul 18, 2018 8:34 am
It is your husband as the dependent, that will be required to show evidence of cohabitation and subsisting marriage for at least 2 years for ILR.
Section 13 is not relevant to your family as you are not required to provide cohabitation evidence as the main tier 2 general applicant applying on your own.
ok so i just ignore that section and will simply provide reference letter from my sister in law confirming our living arrangements with the copy of front page of her passport?
Why do you believe it is necessary to provide her information???
Re: SET (O) - Section 13 - Doubting Solicitor's advice
Posted: Wed Jul 18, 2018 12:45 pm
by tamoni
CR001 wrote: ↑Wed Jul 18, 2018 10:36 am
tamoni wrote: ↑Wed Jul 18, 2018 10:33 am
CR001 wrote: ↑Wed Jul 18, 2018 8:34 am
It is your husband as the dependent, that will be required to show evidence of cohabitation and subsisting marriage for at least 2 years for ILR.
Section 13 is not relevant to your family as you are not required to provide cohabitation evidence as the main tier 2 general applicant applying on your own.
ok so i just ignore that section and will simply provide reference letter from my sister in law confirming our living arrangements with the copy of front page of her passport?
Why do you believe it is necessary to provide her information???
CR001, because my solicitor has told me that Police Registration Certificate (I'm Russian so have to report every address change to the police) isn't enough to proof my address. Ideally I would need to provide tenancy agreement, council tax letter and/or utility bills on my name. and since I don't have any of it here comes my sis in law who has to a be referee and confirm that I live with her that's why cannot provide any of the above mentioned docs. Like I mentioned before my husband (tier 2 dep) isn't applying with me as he will qualify in November 18...