ILR Set (M) settlement Application HELP PLZ

[jefstudent]

Hi Everyone,

I arrived on Spouse Visa on 1 Oct;2011 and am about to complete my 2 years probabation period as spouse.

I was working on temp jobs for a while and then started self employment since July 2012 up till now.

I got two questions if I may please,

1) Considering my case still fall under old rules interms of financial means. Do I have to show my tax returns from HMRC as in how much I earned or will it be fine if I just get a letter from my accountant that I am self employed.


2) I am hoping to book an premium service appointment in 2 - 3 weeks, prefereably a morning slot. I got a baby as well and I do not want to bother my wife and baby to accompany me to the croydon center.
Anyone got any idea that is it mandatory for wife to accompany me for visa premium service appointment.

[Amber]

1. There is no financial requirement per se, however, show your tax returns and write what your average monthly salary is and provide the last 3 months bank statements to show your earnings being credited.

2. If you wife doesn't attend, get her to sign the deceleration and write a letter stating she fully supports your application, your relationship is subsisting and give her telephone number saying she can be contacted at any time for further information.

[jefstudent]

Thanks for your reply.

The mortgage goes out from my partner's account. So what ever i earn, goes to her account and then rest I keep to pay for council and other bills.

The bank statement part, I kept statements going back since the day I arrived in UK at the start of the 2 year period on spouse visa. Is that way over or is that ok to include those statements or just like you said 3 months?


additionally, Has anyone come across anything from case worker that why your wife is not attending with you towards your settlement application.

Thanks

[Amber]

The last 3 months bank statements showing the earnings credited.

Cohabitation proof should be:

1 joint letter or a letter each for each

4 month period (approx) over the last 2 years from a total of at least 3 different sources.

[jefstudent]

I have got proof of letter showing cohabitation but still unsure about the bank statement.

I can show my wife's bank statement for last 3 months as well as mine but I do not want to show HO more than what they asked for. Your comments on that please as well as with regards to tax returns documents. I can get my accountant letter with complete tax returns file but have not got enough time left to get reply from HMRC before I apply to UKBA.
DO you think its going to be a problem? as my accountant said it could be over a month or so before HMRC get back to me with any letter but the date for tax return is till january next year any way.

[Amber]

If you can't get HMRC documents, get your accountant to write a letter stating what your average monthly Net earnings are and use that figure on the application, they should date, stamp and sign the letter. Show 3 months bank statements where the earnings are credited. If that's in your wife's account then she will have to sign the authorisation form on set(m) as well. You shouldn't worry too much as you're under the old rules and it's not as specific, evidence wise.

[jefstudent]

i wanted to ask you, that i arrived in uk on 1st october 2011 on a 27 months spouse visa so my two years will be this october. can i apply on 4 september . because i am getting mixed information that it will be 28 days before my visa expires and not before my two years. can you plz advise.

[Amber]

You can apply from 28 days before you complete the two years, nothing to do with the expiry of the visa, but obviously you should apply before the expiry of the visa.

[Amber]

Hi,

I have got myself premium appointment next week and I don't know why its making me panic.
Wonderful forum this is as I have posted earlier and got reply within minutes. I hope you can help me with this case.

I arrived in UK on 1 oct 2011 and lived at my in-laws address and then got my own place in Jan 2012 and we actually moved in around Feb 2012. I have got few temporary jobs in mean while and around June 2012 I started Self Employment. Had my little baby in June 2012.

Now then my questions are as follows if i may please.

1> Am I correct in thinking I can apply 28 days before 2nd anniversary which is around 3rd Sept 2013.

2> I became self employed in June 2012 and showing earning of just under £ 7,800 and my partner's earning on P60 for year 2012 - 2013 just under £9, 000 both on part time hours plus we just claiming child benefit in public funds and nothing else.
My question is will that be enough to show that we can support ourselves and baby without recourse to public funds? as well as will a letter from accountant be enought to show my earnings.

3> Because the appointment is early around 8 AM. I am thinking to just go on my own without taking my partner. Will that go against me as my partner is not accompanying me in PEO.

4> I got 2 documents addressed on my old address and rest are all on new address. I know it is exhausted but please have a brief look and let me know if I got enought documents to prove maintenance / cohabbiting and subsisting relationship.

Under Joint Names on New Address.
• Southern Water : 21 Aug – 28 Feb 2013 / 31 Jan – 20 Aug 2012
• Scottish Power: 8 apr 2013 – 30 june 2013 / 17 jannnn – 7 apr 2013 / 5 oct – 16 jan 2013
Under My Name on new address
• Tv License Bill dates : 2012 – 2013 – 2014
• Sky Bills: June 2013 till August 2013
• O2 Telephone and Broadband: Bills dated : Aug 2012 / Dec 2012 / Apr 2013 / July 2013
• Surgery letter for me
• Accountant letter
• Car breakdown cover 2012 / 2013
• Car Tax demand Feb 2013 . Aug 2013
• Car insurance 2012 and 2013
• HMRC self employed registration letter
• National insurance payment letter mar2013 and oct 2012
• My p60 2013
• HMRC letter sept 2012
• HMRC tax returned letter sept 2012
• Temporary job wages slips oct 11 – Feb 2012
• Partners HMRC letter
• invoice from seller for buying an item on ebay

My Partners letters all on new address apart from 2
• Child benefit letter
• Surgery letter
• British Gas : 25 jan 12 n- 25 feb 12 / 10 feb 12 – 14 jun 12 / 1 june 12 - 7 sep 12 / 29 sep 12 – 08 oct 12 / 29 sep 12 – 4 oct 12 /
• British Gas Home care: 26 jan 12 – 25 jan 13
• Thames Water bills: Aug 2013 / Feb 2012
• Argos Card: Mar 2013 / April 2013 / May 2013 / June 2013 / july 2013 / august 2013
• British Red Cross volunteer letter
• Domestic and Electric Cover letter
• Car insurance 2011 / 2012 old address and 2012 – 2013 new address
• Ticket itinerary for travel she made in Nov 2012
• Hospital appointment letter 2013
• HMRC tax return letter
• Sky letters May 2013 / jan 2013 / sept 2012 / oct 2012 /
• Council tax demand reminder notice mar 2012 / april 2012 / mar 2013 annual council tax summary
• Mortgage account summary 2012 – 2013
• House registry documents
• Her bank accounts and mine


I will be ever so grateful for looking at my case and providing me with your inputs to experiences in to ILR Set (M) process.

[Amber]

1. This was clearly answered above.
2. It should be providing your rent is not extortionate, you should also be claiming Tax Credits in joints names. Child benefit should be in your partner’s name.
3. If you partner does not attend s(he) needs to write a letter stating that s(he) fully supports your application, your relationship is subsisting and the letter must state contact details – mobile number. S(he) must also sign the declaration on SET(M).
4. For roughly every 4 months over the last two years you need a joint letter or a letter each from a total of at least 3 different sources. Maintenance was discussed above.

[jefstudent]

I understand there is no set requirements for financial means however, there must be some criteria regarding calculating financial means. Do you think that is enough or do i need to get another sponsor letter from friends and family? please advise.

As well do you think the list of documents should be enough?

[jefstudent]

In regards to providing photocopies of the documents. Is that a mandatory requirement or not. Because I have got quite few and I rather take it to PEO and let them choose which docs they want.

[Amber]

The criteria is that you are able to adequately maintain and accommodate yourselves. Thus, your Net income per week after deducting rent should equal or exceed the income support applicable amount (I/S) for your family unit.

I/S for a couple = £112.55 per week
I/S for each child = £65.62 per week

You should supply photocopies of the documents as detailed in above (n 4).

Your documents are excessive and should be curtailed to above (n 4), take the additional ones in a separate folder and get out only if required.

[jefstudent]

Interms of my finances then our altogether household income is just around £17,000.

Mortgage: 850 * 12 = £10, 200

So 17,000 (Both House Hold)- 10, 200 (Mortgage ) = 6800 / 52 = £130
Our council tax is £150 per month as well.

Do you think its reasonable or not.

And do you recommend to take two folders then.

First one with just basics like 6 documents + her 3 months wage slips + my accountant letter

and the second one with rest of the documents with all the photocopies?

Please advise

thanks

[Amber]

Yes.

[jefstudent]

I wanted to ask you that I have got another source for income as well, I have rented out a room in my house and getting income out of that as well. How to can I show it to HO to make them count it as well in my household income.

Please advise,

thanks

[Amber]

I gather this is a Tax free rent under the rent a room scheme, just fill in rental income and include corresponding bank statements.

Ensure that your home is not overcrowded.

[jefstudent]

Thanks , When you say declare rental income?? are you talking about on the SET M form? or shall i get a copy of tenancy agreement signed from tenant and her ID/passport copy or something. Its just I cannot get the household available income to up to £187 ( £122. + £67 ) . That is why I need to include the rental income.

Thanks

[Amber]

Are you including your child benefit and tax credits in your income? It's 112.55 for a couple and 65.62 for each child per week Net.

The rental income declared on Set(m) with corresponding bank statements.

[jefstudent]

Mine income from self employed: £7580

partner income: £9280 approx

child benefit: £80 per month

Mortgage: £850 * 12

So all in all, so I got £173 left after Mortgage and council tax per week.


Thanks

[jefstudent]

Sorry, well that previous post I wrote does include rental income as well.

I am like £5 ish short from recommended income requirement.

Another question, I wanted to ask you was regarding the form, Some strange questions are there on the SET M form.

I have been living with partner since 2009 on my previous stay in UK but then I went back and applied for Spouse Visa in 2011 and came back to live with her.

My question is in the form it says When was the first time you lived with your partner. Shall i put the date when i got my spouse visa and I arrived in UK or the date when I initially moved in with her.

Thanks

[jefstudent]

I do know if its silly to ask this question, in SET M form it says when was the last time you saw your partner. even though i answered yes to living together with my partner currently.

Does not make sense. DO i need to write today.

thanks

[Amber]

Yes today is fine, I wouldn't worry about £5 less than income support, there is no requirement per se but rather a guide and for the old rules its not strictly enforced. The other question, when you started living together.

[jefstudent]

Thanks

Is there any chance anyone has got already filled up sample set m from which I can see or just that specific section 2B. Its just that I get an idea what to write on there please.

[Amber]

Pop the questions you're having issues with down.