SET(M) Query - Delayed Entry / Long Absences

[StillSmiling]

Good Evening,

I was hoping that somebody may be able to assist me with a query on the next steps towards gaining settlement for my wife with the complication of delayed entry to the UK when her visa was first issued.

I’ve used the SET(M) eligibility checker, but I am not sure how to interpret the ‘must have been living in the UK for 5 years’ requirement.

The timeline of events is as follows:

5 Dec 2014 Initial 33 month spouse visa granted
10 May 2015 Spouse enters UK (157 days after visa granted)
8 Sep 2017 30m Extenstion / Residence Permit granted

Her current residence permit expires on 8 March 2020.


On the face of it, she has not been 'living' in the UK for 5 years, but I saw the following which made me wonder (though I may be mixing things up):

Period between the issue of entry clearance and entering
the UK
The period between entry clearance being issued and the applicant entering the UK
may be counted toward the qualifying period. Any absences between the date of
issue and entry to the UK are considered an allowable absence. This period will
count towards the 180 days allowable absence in the continuous 12-month period.
The applicant does not need to provide evidence to demonstrate the reason for
delayed entry.
If the delay is more than 180 days, you can only include time after the applicant
entered the UK in the continuous period calculation.

https://assets.publishing.service.gov.u ... 9.0ext.pdf

Publication
Below is information on when this version of the guidance was published:
• version 19.0
• published for Home Office staff on 1 October 2019

Am I able to apply for a SET(M) settlement (indefinite leave to remain) next, or does the long delay on her original entry to the UK prevent this?

If the SET(M) is not yet possible, what approach should I take? Apply for another FLR(M) extension, and then apply for SET(M) a few months after that?

She also has some long periods out of the UK during the above, but I’ve kept the dates off to keep it clean for the moment. Do long absences affect a SET(M) application, or are they only relevant to the citizenship applications for spouses?

Many thanks!

[CR001]

Her qualifying period starts counting from the date she entered the UK.

She can apply for ILR no sooner than within 28 days before 10th may 2020.

Yes the delayed entry has created a shortfall.

The quoted text and link you have posted does NOT apply to her visa and ilr category and clearly states what categories are covered by the guidance, set m is not one of them.

[StillSmiling]

Hi CR001,

Thank you for your prompt and clear reply. Understood - I'll get cracking with the FLR(M) application.

Many Thanks!

[StillSmiling]

I had a followup question related to the reuse of English certificates and the 2-year rule, but I didn't want to put it here as it is a slightly different topic and related to an FLR(M) application rather than an ILR application.

I will link to it here though in case it is of help to anybody else in the future who finds themselves reading this thread after getting into a similar situation.

Link here: reusing-english-certificates-after-2-years

[Amber]

Hi,

I was hoping somebody may be able to help me with a query about reusing an already submitted English certificate?

We are in the annoying situation of having to apply for a second FLR(M) due to a delay on entering the UK after receiving the initial visa and being a few weeks short of an ILR application (more info HERE

When preparing the second FLR(M), I was assuming that I could simply reuse the existing Trinity College London GESE B1 certificate that we have previously used, but then I noticed this in the FM-SE notes:

(i) the applicant has passed such a test; and
(ii) that test was an English language test in speaking and listening which is approved by the Secretary of State and was taken no more than two years before the date of application and at a test centre approved by the Secretary of State as a Secure English Language Test Centre.

I seem to have issues with both of these point:

1) The test was taken over 2 years ago (Aug 2017), and
2) The test center is no longer on the approved list. The test was taken at the Holborn center (which was on the list at the time), but this center doesn't appears to exist any more. I believe it relocated to Kings Cross (as per this facebook post). This center is on the list, but I'm not sure if it's strictly the same as the Holborn one.

I can see there is a section 32D (copied below) that discusses previously accepted documents that mean that it *might* still be valid under part (d), but for the life of me, I can't get my head around the if/then/else/but/maybe'ness of it all.

My questions are:

1) Can I reuse this certificate, or should we seek a new one?
2) If reusing, should I discuss it in the covering letter, and how should I word it based on the 32D clauses

Thanks for reading, and thanks in advance for any help received!

32D. If an applicant applying for limited leave to enter or remain under Part 8 or Appendix FM submits an English language test certificate or result and the Home Office has already accepted it as part of a successful previous partner or parent application (but not where the application was refused, even if on grounds other than the English language requirement), the decision-maker will accept that certificate or result as valid if it is:
(a) from a provider which is no longer approved, or
(b) from a provider who remains approved but the test the applicant has taken with that provider is no longer approved, or
(c) from a test centre which is no longer approved, or
(d) past its validity date (if a validity date is required), provided that it is at or above the requisite level of the Common European Framework of Reference for Languages and when the subsequent application is made:
(i) the applicant has had continuous leave (disregarding any current period of overstaying where paragraph 39E of these Rules applies, as well as any previous period of overstaying where: the further application was made before 24 November 2016 and within 28 days of the expiry of leave; or the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied) as a partner or parent since the Home Office accepted the test certificate as valid; and
(ii) the award to the applicant does not fall within the circumstances set out in paragraph 32B of this Appendix.

[Amber]

What English level was the previous text? A2 is required for an extension.

[StillSmiling]

Hi Amber,

It was a B1 level qualification. When we booked this, the confirmation email states:

• Exam name: GESE Grade 5 (B1)

And the pass certificate reads:

• Grade 5 Graded Examination in Spoken English (GESE)
• Entry Level Certificate in ESOL International (Speaking and Listening) (Entry 3)
• CEFR Level B1.1 with Merit

My understanding was that the B1 level was above the A2 level and that we would be able to reuse the certificate when eventually applying for ILR. This B1 certificate was used and accepted as part of our previous FLR(M) application in Aug 2017 (approx 2.5 years ago).

[StillSmiling]

I managed to confirm today that the Holborn and Kings Cross test centers are in fact the same. The test center number following the move to Kings Cross is the same as on our B1 certificate that was issues in the previous Holborn location.

The remaining query then is just about the age aspect. They have previously accepted this B1 certificate as part of our first FLR(M) extension. The question is, can we use that same certificate for a second FLR(M) and eventually (in about 2 months), a SET(M)/ILR application?

Many thanks!

[zimba]

Yes

[StillSmiling]

Excellent - thank you.

Do you know where this rule is documented? I can see a reuse clause on the SETTLEMENT / CITIZENSHIP guidance pages:

https://www.gov.uk/english-language/app ... ifications

Applying to settle in the UK
You can use a B1 level qualification that’s run out if both of the following are true:
it’s on the current list of recognised tests
it was accepted for another UK immigration application, for example when you got permission to enter

----

But I do not see anything similar on the family visa page (note I'm applying for a FLR(M) externsion): https://www.gov.uk/uk-family-visa/knowledge-of-english

I'm sorry if I'm being too pedantic / belts and braces about this, but I don't want to to get caught out at the last minute.

Thanks for the invaluable assistance.

[zimba]

Applying to settle in the UK
You can use a B1 level qualification that’s run out if both of the following are true:

it’s on the current list of recognised tests
it was accepted for another UK immigration application, for example when you got permission to enter

[StillSmiling]

Applying to settle in the UK

Does a FLR(M) visa extension classify as 'applying to settle' though?

Thanks

[zimba]

Aren't' you using this for settlement ?!?!? The evaluation only makes sense if it is for an application you are planning to apply for no ??!

[StillSmiling]

I'm not sure I follow. I thought the FLR(M) was a limited leave to remain visa, and the SET(M) was the settlement application. I'm applying for an FLR(M) at the moment.

Thanks.

[StillSmiling]

I've been hunting around the site trying to find anybody who had a similar situation to me.

This thread seems to be the same setup, and the suggestion over there was that it for a second FLR(M) application, it would need retaking to bring it into the 2 year window

[zimba]

FLR(M) and SET(M) or settlement as well as nationality applications have the exact SAME English level requirement at B1. This is why they are not differentiated. Choose family/settlement/nationality option.

[StillSmiling]

Ok - understood. Thanks for your patience

[StillSmiling]

Hi All,

Firstly, to tie up loose ends, we were able to get the FLR(M) visa that was discussed above, and, as per the mods wise words, we were also able to reuse the English certificates despite them being over 2 years old.

As mentioned in my first post in this thread, our situation involves a delayed entry and long absences. The (additional and 3rd) FLR(M) bridges the gap the 5-year mark on 10 May 2020, and I am now looking to apply for the SET(M). As CR001 says...

She can apply for ILR no sooner than within 28 days before 10th may 2020.

I can do this from early next week. One thing I was concerned about is that we spent long periods of time out of the UK during the last 5 years, breaching any max180 days in a rolling 12m check

Q1: I think this is true given what I can see elsewhere, but just to double-check, am I correct in assuming that the 180 days rule is not relevant for a spouse SET(M)/ILR application, and only relevant for a naturalisation/citizenship application?


My financial status is as a director/employee of my own company, and the financial year-end is 31 may, so I am looking to make my application before then in order to reuse as much of the financial evidence as possible. I thought it was going to be a straight forward case of getting some of the documents updated so that they fall in the last 28 days, but the COVID lockdown is possibly interfering here.

Q2: In my previous application, I included a covering letter from my accountant confirming salary/divs/employment. This was signed and dated within 28 days of the application. Unfortunately, he is currently working from home and has no access to a printer or scanner. Would an unsigned letter including an explanation for it being unsigned be acceptable/the best course of action given the circumstances?

Q3: I have ordered the recent bank statements, but due to the way the statement dates fall, I may need to also include stamped printouts from a branch. I can probably venture out and get these, but should I have problems, is there any other recommendations/guidance/leeway the govt has issued about sourcing documents during the lockdown?

Q4: Am I correct in assuming that the only additional document required over and above the recent FLR(M) application is that a SET(M) also requires the Life In The UK certificate? Are there any other things I need to source?

Any help gratefully received.

Many thanks, and stay safe.

[CR001]

I will answer the two that I can.

I can do this from early next week. One thing I was concerned about is that we spent long periods of time out of the UK during the last 5 years, breaching any max180 days in a rolling 12m check

Q1: I think this is true given what I can see elsewhere, but just to double-check, am I correct in assuming that the 180 days rule is not relevant for a spouse SET(M)/ILR application, and only relevant for a naturalisation/citizenship application?

There is NO absence limit for spouse visa holders. The 180 days limit in a 12 month rolling period you quote is for a completely different visa category. It is not even relevant to a citizenship application.

Q4: Am I correct in assuming that the only additional document required over and above the recent FLR(M) application is that a SET(M) also requires the Life In The UK certificate? Are there any other things I need to source?

Yes, liuk is mandatory. However if she has not done the test yet, note that the test centres are currently closed.

[StillSmiling]

Thanks for the super fast reply CR001. Thankfully she does have a LIUK pass certificate already. I'm not sure why I ever thought there was a 180-day requirement. That's a huge relief.

Many Thanks!