Follow-up on Home Office Request for Cohabitation Documents - ILR - SET M

[shan_7]

Dear Moderators, Zimba, CR001, Vinny, and others,

Thank you very much for your time on this. I have been using this forum for myself, my wife, and even for my kids' applications. A big thank you to all of you.

I just wanted to double-check if my wife is eligible to apply for ILR via the 5-year FLR(M) route. I have a British passport, and so do my kids.
Her initial entry to the UK was on 15-05-2013 as a PSW dependent, after which she switched to a Tier 1 Dependent. Later, she applied for FLR(M), with her initial grant from
12-06-2019 to 12-12-2021,
followed by an FLR(M) extension from
16-05-2022 to 12-12-2024.

I believe she is eligible to apply for ILR via the 5-year route, but I wanted to double-check as there are some gaps in her immigration history, such as a gap of over a year. Could you also please send me the application and guidance links to ensure we are on the right track?

Much appreciated for your kind help. Thank you!

[zimba]

There are no absence limits under the family route. Apply using form SET(M)

Family route guide for finances: https://assets.publishing.service.gov.u ... rement.pdf
Form: https://visas-immigration.service.gov.uk/product/set-m

[shan_7]

Thank you Zimba, Much appreciated.

[shan_7]

Hello, Everyone,

Just a quick question. The moderators may have answered this elsewhere, but I want to clarify. My wife plans to apply from FLR-M to SET M (ILR). What are the English language requirements for this? For the initial application and FLR extension, we used a CEFR Level B2 certificate. Now that it has expired, can we still use the same certificate for the SET (M) application?

Thank you.

[zimba]

If you proved the language level in a previous application using an acceptable test, then you already satisfy the requirement

[shan_7]

Yes, Zimba,

Yes, we provided the same, but I have a few questions. To satisfy the requirement for 6 letters over 2.5 years, my wife went to India for maternity leave and stayed there for almost 18 months. As a result, I am not able to gather enough letters. I have 5 letters, including an invoice. Can I mention that in the cover letter?

Also, the application asks: "Have you ever been refused a visa for the UK or any other country? Have you ever been refused entry at the border?" In 2016, my wife's visa was rejected along with mine when we applied for the Tier 1 Entrepreneur visa ( She was dependent). However, we appealed and were successful, and both of us were granted visas. Should I include this information, and do I need to mention it in the cover letter?

Thank you so much. I really appreciate your kind replies.

Thank you

[zimba]

There is no specific requirement: All you need to know about cohabitation evidence

An application granted after appeal was NOT refused

[shan_7]

Thank you, Zimba,

Always helpful, much appreciated for kind help.

Thanks

[shan_7]

Hello Zimba and other moderators,

We made a mistake while filling out the SET M form under the section Time Spent Outside the UK. For the question, When did you leave the UK?, we entered March 2016, but it should have been March 2015.

It seems we cannot edit application now . How can we resolve this issue?

Thank you for your input.

[shan_7]

Dear Zimba and Moderators,

We made a mistake on the application.

Under the section Time Spent Outside the UK, for the question When did you leave the UK?, we mistakenly entered March 2016 instead of March 2015. Unfortunately, it seems we cannot edit this now.

Also , We are currently staying in shared accommodation and do not have council tax or utility bills in our name. However, the checklist requires us to provide these documents. To avoid an error, we selected these items in the checklist

Can we address both issues in the cover letter?

Please provide your input

Thank you for your time

[zimba]

Again, the family route has NO absence limits. The absences from the UK are totally irrelevant. Ignore this minor issue.
READ AGAIN: All you need to know about cohabitation evidence

[shan_7]

Dear Zimba & other moderators,

I recently received an email from the Home Office requesting additional correspondence and clarification of names on the declaration form. While we can sign and send the declaration forms, we are facing some challenges regarding the proof of cohabitation. (Spouse SET -M Application, biometric done on 12th December 24)

Since my wife was in India for almost two years (maternity), we do not have sufficient correspondence covering the full period. However, as we shared the same address, we did manage ( i believe we did send 10 items in her name ) to receive a few letters in her name, which we previously submitted along with a cover letter. Despite this, the Home Office is still requesting further supporting items for the past 2.5 years.

Could you please let me know how to move forward? Would it be acceptable to resend the same letters with a revised cover letter, or should we explore other alternatives?

I appreciate your guidance on this matter.
Thank you
Kind Regards

[zimba]

I suggest a cover letter explaining your circumstances regarding the shared accommodation. Is there anything that you can show like a letter from the letting agent/landlord??

[shan_7]

Thank you, Zimba for your reply.
I don’t think my landlord will be able to provide any letters, on the initial application time itself i did ask him, and he said he may give rent payment receipts but later on he said it was not possible since he was using the same address for his child benefits and other personal reasons.

In any case, I applied in December, and since then, we've received additional letters. I’ll be sure to include these recent ones along with a cover letter as you suggested.

Do you think the cohabitation letters I submitted earlier ( 10 items, except council tax ) were not sufficient, or is it possible they weren’t received at all?

Thank you
Regards

[zimba]

Again, there are NO specific documents required. You have no options but to provide whatever you have as I advised several times now

[shan_7]

Thank you Zimba,

Will do.

Thanks,
Regards

[shan_7]

Hi Zimba and Moderators,

I am following up on my previous query regarding the Home Office’s request for further cohabitation documents covering the last 2.5 years in the UK.

We already submitted the requested documents, but the Home Office has now responded stating that they believe both my wife and I were in India for the past 2.5 years. As a result, they are now asking for Indian cohabitation documents.

To clarify:

My wife stayed in India for an extended maternity leave which was also delayed due to the process of obtaining our child’s British passport, which caused her to remain in India for nearly two years.
I was living in the UK but traveled to India four times during this period. I have flight tickets as evidence of my visits.
My wife might have some documents from India, such as hospital records and the child's British passport correspondence letter, but since I was primarily in the UK, I do not have any Indian address-based documents.
Given that this is the second time the Home Office has raised this concern, I believe they may be questioning the fact that I was in the UK while my wife was in India.

Also, the reasons to stay in the UK?

I would appreciate any advice on how best to respond to this request
Any guidance on the best approach would be greatly appreciated.
Thank you
Regards

[zimba]

I am not sure why you do not communicate the same exact thing you posted above to the UKVI. I stressed before that you need to explain your circumstance to the UKVI