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AmazingSully wrote: ↑Mon Nov 14, 2022 11:31 amHello,
I am currently in the process of applying for ILR through the 5-year spouse route, and they are asking for evidence of my wife's settled status. My wife was born in the UK and is a British citizen. I'm not sure what they would consider valid proof of her settled status. Her passport expired last year so I'm assuming we can't use that. Would a birth certificate be okay, or is there a list of what would count? She can still use her expired passport.
Also, a bit of a side question, for the declaration signed by partner, my wife and I don't have a printer, would a digitally signed version be acceptable? She has a tablet for these sorts of things, I just want to make sure the application wouldn't run into issues because it wasn't signed in ink.Always better to have a wet signature. Not saying the digitally signed wouldn't be accepted, but you need your application to go as smoothly as possible.
Any help would be greatly appreciated.
Apart from the fact that a British citizen does not have a settled status (instead they have the right of abode), UKVI does not need you to provide any evidence previously provided on this. I assume you are under the family route because of your British partner to begin with ?? The document list is generic and is not accurateAmazingSully wrote: ↑Mon Nov 14, 2022 11:31 amHello,
I am currently in the process of applying for ILR through the 5-year spouse route, and they are asking for evidence of my wife's settled status. My wife was born in the UK and is a British citizen. I'm not sure what they would consider valid proof of her settled status. Her passport expired last year so I'm assuming we can't use that. Would a birth certificate be okay, or is there a list of what would count?
Also, a bit of a side question, for the declaration signed by partner, my wife and I don't have a printer, would a digitally signed version be acceptable? She has a tablet for these sorts of things, I just want to make sure the application wouldn't run into issues because it wasn't signed in ink.
Any help would be greatly appreciated.
While I appreciate you providing information, and I agree this requirement is confusing because she's not settled, she's a British citizen who was born here, when the document checklist tells me that I need to provide "Evidence of <wife's name> settled status in the UK" I feel like I need to provide this evidence. I also cannot find any lists about what they consider evidence of this, what is/isn't acceptable, etc.Zimba wrote: ↑Mon Nov 14, 2022 1:01 pmApart from the fact that a British citizen does not have a settled status (instead they have the right of abode), UKVI does not need you to provide any evidence previously provided on this. I assume you are under the family route because of your British partner to begin with ?? The document list is generic and is not accurate
This is not about how you feel. It is about meeting the requirements under the immigration rules. The checklist is incorrect on this item as explained above (this has been discussed many times here) as there is no requirement to provide evidence of your partner's status under the rules. UKVI already knows about your partner and the fact that you were granted a visa under the family route is proof of that. Advice given here is based on what the rules expect you to provide to meet the requirements. The checklist is simply an (imperfect) guide for the applicant.AmazingSully wrote: ↑Mon Nov 14, 2022 1:07 pmWhile I appreciate you providing information, and I agree this requirement is confusing because she's not settled, she's a British citizen who was born here, when the document checklist tells me that I need to provide "Evidence of <wife's name> settled status in the UK" I feel like I need to provide this evidence. I also cannot find any lists about what they consider evidence of this, what is/isn't acceptable, etc.Zimba wrote: ↑Mon Nov 14, 2022 1:01 pmApart from the fact that a British citizen does not have a settled status (instead they have the right of abode), UKVI does not need you to provide any evidence previously provided on this. I assume you are under the family route because of your British partner to begin with ?? The document list is generic and is not accurate
You may very well be right, but look at this from someone else's perspective. I have 2 pieces of contradicting information. One comes from the official source, the other does not. Which do I have to believe regardless of what is true or not? Not submitting evidence runs the risk of my application being denied and causing me a bunch of problems. Providing evidence that is not needed (and has been flagged as mandatory evidence required by the issuing authority) has 0 risk associated with it. Trusting you know better than the issuing authority has substantial risk.Zimba wrote: ↑Mon Nov 14, 2022 6:13 pmThis is not about how you feel. It is about meeting the requirements under the immigration rules. The checklist is incorrect on this item as explained above (this has been discussed many times here) as there is no requirement to provide evidence of your partner's status under the rules. UKVI already knows about your partner and the fact that you were granted a visa under the family route is proof of that. Advice given here is based on what the rules expect you to provide to meet the requirements. The checklist is simply an (imperfect) guide for the applicant.AmazingSully wrote: ↑Mon Nov 14, 2022 1:07 pmWhile I appreciate you providing information, and I agree this requirement is confusing because she's not settled, she's a British citizen who was born here, when the document checklist tells me that I need to provide "Evidence of <wife's name> settled status in the UK" I feel like I need to provide this evidence. I also cannot find any lists about what they consider evidence of this, what is/isn't acceptable, etc.Zimba wrote: ↑Mon Nov 14, 2022 1:01 pmApart from the fact that a British citizen does not have a settled status (instead they have the right of abode), UKVI does not need you to provide any evidence previously provided on this. I assume you are under the family route because of your British partner to begin with ?? The document list is generic and is not accurate
As I told you earlier, this highlighted above is what you need. Like you rightly mentioned, it's better if they throw it away if not needed, than not providing it if needed.AmazingSully wrote: ↑Tue Nov 15, 2022 11:57 amYou may very well be right, but look at this from someone else's perspective. I have 2 pieces of contradicting information. One comes from the official source, the other does not. Which do I have to believe regardless of what is true or not? Not submitting evidence runs the risk of my application being denied and causing me a bunch of problems. Providing evidence that is not needed (and has been flagged as mandatory evidence required by the issuing authority) has 0 risk associated with it. Trusting you know better than the issuing authority has substantial risk.Zimba wrote: ↑Mon Nov 14, 2022 6:13 pmThis is not about how you feel. It is about meeting the requirements under the immigration rules. The checklist is incorrect on this item as explained above (this has been discussed many times here) as there is no requirement to provide evidence of your partner's status under the rules. UKVI already knows about your partner and the fact that you were granted a visa under the family route is proof of that. Advice given here is based on what the rules expect you to provide to meet the requirements. The checklist is simply an (imperfect) guide for the applicant.AmazingSully wrote: ↑Mon Nov 14, 2022 1:07 pmWhile I appreciate you providing information, and I agree this requirement is confusing because she's not settled, she's a British citizen who was born here, when the document checklist tells me that I need to provide "Evidence of <wife's name> settled status in the UK" I feel like I need to provide this evidence. I also cannot find any lists about what they consider evidence of this, what is/isn't acceptable, etc.Zimba wrote: ↑Mon Nov 14, 2022 1:01 pmApart from the fact that a British citizen does not have a settled status (instead they have the right of abode), UKVI does not need you to provide any evidence previously provided on this. I assume you are under the family route because of your British partner to begin with ?? The document list is generic and is not accurate
Futhermore, I managed to find the following:
"This should be your partner’s current passport or travel document. You may send copies instead of the original document if you are applying on a partner 2-year or 5-year route. Every page of the passport must be copied including any blank pages.
If your partner has an EEA right to reside in the UK permanently, you must provide their valid document certifying permanent residence or permanent residence card.
If you are unable to provide your partner's travel document and your partner is a British citizen, you must provide the full birth certificate for <wife's name> showing parents' names, accompanied by at least one other formal document as evidence of ordinary residence in the UK for the last 3 years.
If you are unable to provide your partner's travel document and your partner is not a British citizen, you must provide a Home Office letter or other document showing <wife's name> has been granted indefinite leave to enter or remain in the UK, accompanied by at least one other formal document as evidence of ordinary residence in the UK for the last 3 years.
Evidence of ordinary residence for the last 3 years includes:
notice of income tax coding
driving licence
building society
savings books
bank statements
National Insurance or National Health Service registration issued by the Department for Work and Pensions or a local health authority"
The issue here is that it says her "current" passport. This implies her expired passport is not sufficient.Ticktack wrote: ↑Tue Nov 15, 2022 12:32 pmAs I told you earlier, this highlighted above is what you need. Like you rightly mentioned, it's better if they throw it away if not needed, than not providing it if needed.
In my case many years ago, I provided all pages, not just the data page. Top to bottom as it cost me not a thing.
The HO has a habit of asking for the same documents more than once, e.g wedding certificate!
Lets say you ran an organisation and you had to create a questionnaire. By default you would ask for current documents. You don't want to ask for expired which could cause problems with interpretation.AmazingSully wrote: ↑Tue Nov 15, 2022 12:38 pmThe issue here is that it says her "current" passport. This implies her expired passport is not sufficient.Ticktack wrote: ↑Tue Nov 15, 2022 12:32 pmAs I told you earlier, this highlighted above is what you need. Like you rightly mentioned, it's better if they throw it away if not needed, than not providing it if needed.
In my case many years ago, I provided all pages, not just the data page. Top to bottom as it cost me not a thing.
The HO has a habit of asking for the same documents more than once, e.g wedding certificate!
That is likely why you need to attend a biometrics appointment then as your full biometric enrollment was 5 years ago.AmazingSully wrote: ↑Sat Nov 19, 2022 1:59 pmInteresting... does anybody know what they use to determine the criteria? My last FLR(M) I didn't need to attend and was able to use the mobile app. Seems a little strange I'd no longer be eligible.
If you did not attend previously then you will be required to attend now as previous biometrics of yours on record 5years or over. Account needs to be taken of structural/physiological/facial changes over time. Remember it is an ID.AmazingSully wrote: ↑Sat Nov 19, 2022 1:59 pmInteresting... does anybody know what they use to determine the criteria? My last FLR(M) I didn't need to attend and was able to use the mobile app. Seems a little strange I'd no longer be eligible.