SET (M) - Co-habitation Proof (Urgent)

[FOR_ILR]

Hi Gurus,

Me and my wife entered UK in Jan 2008, I had applied for ILR in Feb 2013 and got it, at this point in time (in Dec 2012) my wife had traveled to India for Maternity and now she will be back on 5th July 2013.

I have following documents to show as proof of Co-habitation:

1. Bank Statements from HSBC (joint account valid from Jan 2009 till date).
2. Letter from Council confirming 2 years of address proof (till Dec-2012)
3. Her Payslips (last few showing Statutory Maternity Pay)
4. Birth Certificate of my son (born in UK on Apr 2011)
5. Birth Certificate of my daughter (born in India on Mar 2013)

Apart from the above will there be any other documents required?

She was not present in UK between 14th Dec 2012 till 05-Jul-2013 (she will arrive back on this date) - will this have any impact on her ILR - SET (M)?

Thanks,

Kind Regards,
S

[Amber]

Hi Gurus,

Me and my wife entered UK in Jan 2008, I had applied for ILR in Feb 2013 and got it, at this point in time (in Dec 2012) my wife had traveled to India for Maternity and now she will be back on 5th July 2013.

I have following documents to show as proof of Co-habitation:

1. Bank Statements from HSBC (joint account valid from Jan 2009 till date).
2. Letter from Council confirming 2 years of address proof (till Dec-2012)
3. Her Payslips (last few showing Statutory Maternity Pay)
4. Birth Certificate of my son (born in UK on Apr 2011)
5. Birth Certificate of my daughter (born in India on Mar 2013)

Apart from the above will there be any other documents required?

She was not present in UK between 14th Dec 2012 till 05-Jul-2013 (she will arrive back on this date) - will this have any impact on her ILR - SET (M)?

Thanks,

Kind Regards,
S

There is no rule per se for absences. However, they should be limited and for good reason. If you explain that your wife left to give birth due to cultural and family reasons I can't see this being an issue. Was your wife a PBS dep? And you changed her stay to flr(m) when you were granted ilr?

Regarding documents, you should split the two year period into 6 thus for every 4 months get a letter addressed to you both jointly or one each from a total of at least 3 different sources.

[FOR_ILR]

There is no rule per se for absences. However, they should be limited and for good reason. If you explain that your wife left to give birth due to cultural and family reasons I can't see this being an issue. Was your wife a PBS dep? And you changed her stay to flr(m) when you were granted ilr?

Regarding documents, you should split the two year period into 6 thus for every 4 months get a letter addressed to you both jointly or one each from a total of at least 3 different sources.

Is it mandatory to get FLR(M) done after ILR? I got ILR in Feb 2013, but my wife had left to India by Dec 2012 itself? ( She has got still PBS Tier1 Dependent Visa valid till 23rd Jul 2013)

I'm of opinion in the case of PBS Dependent (tier1 general) there is no need to change to FLR and even the main applicant is in ILR dependents's Tier1 Visa (PBS) is valid till the date mentioned on bio-metric.

Please correct me if I'm wrong and also please can your provide any link that says FLR is mandatory

Thanks,
S

[Amber]

There is no rule per se for absences. However, they should be limited and for good reason. If you explain that your wife left to give birth due to cultural and family reasons I can't see this being an issue. Was your wife a PBS dep? And you changed her stay to flr(m) when you were granted ilr?

Regarding documents, you should split the two year period into 6 thus for every 4 months get a letter addressed to you both jointly or one each from a total of at least 3 different sources.

Is it mandatory to get FLR(M) done after ILR? I got ILR in Feb 2013, but my wife had left to India by Dec 2012 itself? ( She has got still PBS Tier1 Dependent Visa valid till 23rd Jul 2013)

I'm of opinion in the case of PBS Dependent (tier1 general) there is no need to change to FLR and even the main applicant is in ILR dependents's Tier1 Visa (PBS) is valid till the date mentioned on bio-metric.

Please correct me if I'm wrong and also please can your provide any link that says FLR is mandatory

Thanks,
S

She must change to flr(m) then set(m) as you are a long residence ILR applicant.

[FOR_ILR]

She must change to flr(m) then set(m) as you are a long residence ILR applicant.

As per FLR(M) Guidance note I see the following on the first page - please confirm -

"Form FLR(M) must not be used if you are applying for an
extension of stay:
• As a dependant of a PBS migrant (who has temporary
leave or has obtained indefinite leave to remain as a PBS migrant) - the correct form is PBS Dependant
"

[Amber]

She must change to flr(m) then set(m) as you are a long residence ILR applicant.

As per FLR(M) Guidance note I see the following on the first page - please confirm -

"Form FLR(M) must not be used if you are applying for an
extension of stay:
• As a dependant of a PBS migrant (who has temporary
leave or has obtained indefinite leave to remain as a PBS migrant) - the correct form is PBS Dependant
"

If you were settled due to long residence you didn't get ilr as a PBS applicant!

[vinny]

Conversely, your wife may continue to apply for leave to remain as a PBS dependant, if you were granted ILR under PBS and she isn't eligible for settlement.