ILR-SET M Cancel & reapply

[Nellyb1979]

im currently putting together my wives indefinite leave to remain application, and i hae question other the financial requirements.

iam intending to use my salary to cover the financial requirements. However as im a Director in name only (non shareholding), ive ticked the box saying im a director, which then brought up additional evidence requirements.

the appendix states that
9. In respect of income from employment and/or shares in a limited company based in the UK of a type specified in paragraph 9(a), the requirements of paragraph 9(b)-(e) shall apply in place of the requirements of paragraphs 2 and 10(b).
a) The specified type of limited company is one in which:
i) the person is either a director or employee of the company, or both, or of another company within the same group; and
(ii) shares are held (directly or indirectly) by the person, their partner or the following family members of the person or their partner: parent, grandparent, child, stepchild, grandchild, brother, sister, uncle, aunt, nephew, niece or first cousin; and
(iii) any remaining shares are held (directly or indirectly) by fewer than five other persons

the question i have is, as i only meet the first part of the requirements, the other 2 parts i dont meet as i dont have (or any of my family members) dont have any shares in the company. do i just have to demonstrate im a non shareholding director? the problem i have is my company might not to be happy about providing some of the requested information. cheers for any help.

[zimba]

You should select the 'employee' option on the form and apply under category A. That is because you are NOT a director of a specified limited company. That director option on the form is ONLY for directors of a specified limited company, not just anyone who happens to be a director.

Paragraph 9(a) of Appendix FM-SE of the Immigration Rules sets out the definition of a specified limited company as being one where:

(i) the person is either a director or employee of the company, or both, or of another company within the same group; and
(ii) shares are held (directly or indirectly) by the person, their partner or the following family members of the person or their partner: parent, grandparent, child, stepchild, grandchild, brother, sister, uncle, aunt, nephew, niece or first cousin; and
(iii) any remaining shares are held (directly or indirectly) by fewer than five other persons.

Read the official guide: https://assets.publishing.service.gov.u ... rement.pdf

[Nellyb1979]

Yes, when you put it like that I understand it abit more. Thankyou for your help.

[Nellyb1979]

Just abit of a sanity check, and was wondering what the earliest date we can submit?
my wife arrrived in the uk on 13th Jan 2020. are we now within the 28 day window and ok to submit?

[Nellyb1979]

Apologies for the new topic, and probably silly question.
im just about to complete my wife's application and we are applying within the 28 day window of when she first arrived.
so when it comes to answering the question on "how long you lived in the UK" ive answered 4 years & 11months.

this is going to cause us a problem is it?
(for some reason ive convinced myself this a question that would trip us up).

[Ticktack]

It's an allowed concession. 4y 11m would be the correct answer.

[Nellyb1979]

When uploading the documents to the TLS portal, is it essential that the category you save them as is correct?
or is it just get all the correct documents saved?

[Nellyb1979]

Ive noticed a slight error on the forms ive submitted. on the part that asks to notify all time longer than 2 weeks spent outside the UK.

Ive put 2 holidays on the form (one was 4 weeks, and one was 3 weeks).
HOWEVER, we recently went away for 2 weeks, but the actual time out of of the country was 15 days.
leave 31/10 - 15/11. as per the stamps on the passport.

do i cancel the application get a refund and resubmit including this period outside, or it not as big issue as im making it out?

[Nellyb1979]

Just a thought could I insert a letter in the supporting document acknowledging we had a 2 week holiday that was actually 15days out of the country ? Rather than cancelling the whole application and starting again?

[zimba]

Absences do NOT matter under the family route. Do not bother

[Nellyb1979]

Hello,
We submitted my wife’s application on 16/12, and attended TLS appointment 23/12 & received confirmation email 24/12, and that’s it so far. I understand a decision can take 6 months, however we are coming up to 3 months and to say the nerves / anxiety is getting higher is an understatement to the extent that I’m considering cancelling the application then resubmitting and paying the extra £500’for priority for a decision in 5 days.
I just wondered if any had done this , is it as simple as cancelling and reapplying ?
As always thanks for any help?

[CR001]

Hello,
We submitted my wife’s application on 16/12, and attended TLS appointment 23/12 & received confirmation email 24/12, and that’s it so far. I understand a decision can take 6 months, however we are coming up to 3 months and to say the nerves / anxiety is getting higher is an understatement to the extent that I’m considering cancelling the application then resubmitting and paying the extra £500’for priority for a decision in 5 days.
I just wondered if any had done this , is it as simple as cancelling and reapplying ?
As always thanks for any help?

You lose your fee paid if you cancel now.

5 day priority is not available for SET M ILR applications. Any faster service is also not a guaranteed service.

Has the visa already expired?

[Nellyb1979]

No the current visa doesn’t expire until 23/03.
I suppose in that case I better just leaving it and keeping them fingers crossed.