Immigrationboards.com

hello

Do hope you all are having great time wherever you are.
I do need an advice as regards the documents needed for SET(M). I Separated from my spouse for 3 months earlier this year but we have been back. She lived on her own and claimed housing benefit(got a house from a council) and also got child benefit. She is British though.
Can this affect my ILR? Do I have to mention it on my form. She quit the housing/council benefit after d 3rd month. I do have letters/documents for the period she was away. Her NHS,credit card statement,Child hospital letters still came to our home.
Likewise we only have council Tax, Rent Contract in joint names. how many individual documents must I take along for the appointment(I booked an appt but it was earlier than d 28 days required. I then booked another without cancelling d previous? I have tried calling d number to cancel but its been a long wait and i use my mobile. should I just leave it like that)

Thanks in anticipation of your prompt response.

Please can someone help. Or is my case beyond repair!

I wouldn't recommend a PEO application. It will be obvious from case worker's checks with other official departments that your wife was living separately from the benefits she claimed as a single person. If ILR is refused you should be granted FLR(M). Ideally you should seek legal advice on this.

Thanks for the prompt response.
She did pay rent for the flat she was given.
She was still working and also paid her council Tax in full. She told me it was just a temporary house.
She said she was only given 25% discount on CTAX as a single person.If i am granted FLR(M),HOW LONG WOULD IT BE FOR? Would it be for another 2years?

FLR(M) if issued instead of ILR would enable you to make up the 3 month difference. However, I still believe you should seek legal advice before you submit an application.

fate11 wrote:Thanks for the prompt response.
She did pay rent for the flat she was given.
She was still working and also paid her council Tax in full. She told me it was just a temporary house.
She said she was only given 25% discount on CTAX as a single person.If i am granted FLR(M),HOW LONG WOULD IT BE FOR? Would it be for another 2years?

What she did re tax/rent doesnt matter as she is entitled to them being British. Also the fact that she got "only" 25% discount is immterial. Whether she got 1%, 2% or 100%, she claimed to be living alone and that is ur problem unfortunatley. so dont confused that with your appliation.Problem is that you two were leaving seperately, breaking the 2 year co-habitation. I dont exactly know re when u r eligible, but as advised consult a solicitor.

I am applying at the end of d month. This would be a bit tough then. Glad I asked the forum.
Maybe I should just apply for FLR(m) rather than waste money doing the SET(M).
Now I would need a solictor? another huge cost and not sure if it guarantees.

Thanks everyone

I've been thinking about this. If your visa was issued for 27 months and you didn't delay your entry into the UK, you may be able to show that you've lived together for the required 24 months. This is assuming you were only separated for 3 months. In which case you could apply for ILR.
You would have to apply by post and include a letter with your application stating that you and your wife went through a difficult patch for a brief time and you are now back permanently together.
What date was the visa issued and when did you arrive in the UK?
I've answered your PM.

Thanks Casa

I applied in UK. August 2009- August 2011.
Thanks for the PM.

I changed from a student visa.

If you switched to spouse in the UK my plan may not work as the visa will only have been issued for 24 months, unlike the 27 months for spouse entry.
If I were you, I would get some initial legal advise to determine the best way to approach this. A legal professional will have hands on experience of situations like yours and may say that you can ask the case worker in your postal application to use their discretion in issuing ILR when you're missing 3 months of co-habitation in the 2 years.

Casa wrote:If you switched to spouse in the UK my plan may not work as the visa will only have been issued for 24 months, unlike the 27 months for spouse entry.
If I were you, I would get some initial legal advise to determine the best way to approach this. A legal professional will have hands on experience of situations like yours and may say that you can ask the case worker in your postal application to use their discretion in issuing ILR when you're missing 3 months of co-habitation in the 2 years.

Great News!!!!!
Got my ILR today.
No question asked at all.
the only snag was the wait. Got in @ 11:30am but left at 4pm.
But it was worth it