FLR(M) to SET(M) for Spouse.

[baz86]

Hi All,

Before I get into my questions, I have listed a timeline of events below for reference.

- My wife got entry clearance from India on 21/03/2012 (Old rules?)
- She got her Trinity College English Grade 5 (B1.1 of the CEFR) on 17/02/2014 (valid for 2 years)
- She failed (due to college commitments) to pass her Life in the UK in 2014 just before the original 2 year expiry so we applied for FLR which is valid until 12/06/2016.

Now, I was originally planning on re-applying early in 2016 but it seems that as her English Language certificate is from before April this yeah, we will have to book or apply for SET(M) before 5th November 2015 to ensure we don't have to take another test?

Also, since March 2015 I have been self-employed (having moved from a permanent role of 5 years) and I was wondering if the fact that she got her entry clearance in 2012 and applied for FLR still puts her under the old rules of income requirements? I current pay myself the minimum salary threshold £10,600 per annum and haven't needed to take any dividends out yet.

Note. I have been in a contract (on a daily rate) since June and have been extended to atleast March 2016.

Would anyone be able to advise how to go about the application in terms of paperwork for a self-employed sponsor?

Many thanks in advanced.

Baz

[noajthan]

Hi All,

Before I get into my questions, I have listed a timeline of events below for reference.

- My wife got entry clearance from India on 21/03/2012 (Old rules?)
- She got her Trinity College English Grade 5 (B1.1 of the CEFR) on 17/02/2014 (valid for 2 years)
- She failed (due to college commitments) to pass her Life in the UK in 2014 just before the original 2 year expiry so we applied for FLR which is valid until 12/06/2016.

Now, I was originally planning on re-applying early in 2016 but it seems that as her English Language certificate is from before April this yeah, we will have to book or apply for SET(M) before 5th November 2015 to ensure we don't have to take another test?

...

Would anyone be able to advise how to go about the application in terms of paperwork for a self-employed sponsor?

Many thanks in advanced.

Baz

It's the same application form for ILR whether you are self-employed or employed.

In terms of timelines why rush to apply for ILR if you don't wish to just yet.
After all it's only around £100 and a brief 10-15 minute test to acquire an up-to-date SELT.

[baz86]

Hi noajthan,

Thanks for your reply.

I meant in terms of paperwork. I know the form will be the same but I wondered if we had to provide company incorporation documents and/or other HMRC documents? Or is that primarily for tiered visa applications.

It's a good point in terms of the rush, my wife is currently revising for a Life in the UK test scheduled for 4th October so I was just wondering if it was worth just getting it out the way and preparing paperwork while she is still revising.

[baz86]

..and I think I've seen that it's around £150 too for a re-test of the same exam (Trinity College GESE).

[baz86]

..Also, would she come under the old rules where I don't need to satisfy the income threshold?

[CR001]

She is under the old rules, no need to meet the financial requirement.

[baz86]

Hi All,

My wifes GESE Trinity College English certificate expires in Feb 2016 and I was wondering if we need to re-take the english test before that anyway?

I'm aware that the tests and test centres got updated in November/December, so does that mean if the test is still not expired and not from a test centre on the list, we have to retake the test?

Thanks

baz

[geriatrix]

Read FAQs - English language requirements for settlement.

[baz86]

Read FAQs - English language requirements for settlement.

Hi sushdmehta,

thanks for your reply.

Seen as the test centre is no longer on the list, should I wait for it to expire and then apply with the expired test as we used the same certificate for her FLR application early 2014?

Thanks again.

[geriatrix]

SELT came into existance in April 2015. There is no option in the settlement forms to select a "non-SELT" examination.

You can argue that Trinity College London is an approved test provider, also listed in Appendix O of immigration rules (and the test also in the approved list, if so) hence a test result from 2014 should be acceptable. Whether HO will agree is unknown. If refused, you may have to pursue the matter legally.

[baz86]

Hi All,

I am close to booking my visa appointment for my wifes SET(M) application and wondered if anyone can provide any feedback on the document list I am looking to present as part of the application.

Background: My wife came over in April 2012 (under the old rule) and in 2014 we applied for FLR as she didn't pass her LIUK in time. We are now at the stage where we will be applying under the old rule. My wife is studying and part-time work. I am self-employed and the sole employee/director of my company.

- Application Form
- Passport sized photos (both)
- Passports (both)
- Birth Certificate (Wife)
- Marriage Certificate
- Biometric Residence Permit
- Supporting Covering Letter from me.
- Supporting Covering Letter from parents as we live together.

- LIUK Pass Certificate
- Trinity College GESE Grade 5 certificate

Employment
- 6 months payslips (both)
- Recent P60 (both)
- Employment Confirmation (Wife)
- Certificate of Incorporation
- Dividend Vouchers & Meeting Minutes
- Register of Shareholders
- Share Certificate

Financials (All last 6 months)
- Wifes Bank Account
- Joint Current Account
- My Bank Account
- Business Bank Account

Correspondence
- Counterpart Driving Licence
- HMRC Letter from 2014 FLR(M) Application
- NHS Medical Card
- Security Service Clearance Letter (Needed as wife works as a Carer)
- Job Offer Letter
- Driving Theory Test Pass Letter
- College Confirmation Letter
- HMRC New Tax Reference Letter
- NHS Treatment Invoice & Payment Receipt

Is there anything anyone can suggest I include as part of the application?

Many Thanks in advance,

Baz

[baz86]

If anyone has their thoughts on the document checklist that would be much appreciated.

Many Thanks

Baz

[CR001]

You don't need a covering letter of support from yourself.

Is the English language test on the most recent HO approved test provider list?

Does your 'correspondence' list cover the last 2 years to prove cohabitation, with documents in either joint name or addressed individually? You need 6 different sources spread roughly every 3 or 4 months if they are in joint names and you need 12 different sources if spread the same if addressed individually.

[baz86]

Hi CR001,

Thanks for your reply.

The reason why I have added a covering letter myself is just to explain the fact I am self employed and take the large majority of my income as Dividends, and highlight the HMRC payments I've made in the last 6 months. Do you think it's not required?

Yes the English Language test is from Trinity College at the approved test centre in Birmingham.

In terms of correspondence, the letters address to her are spread across the two years yes.

Do you think there is anything I have missed that I should include?

Many Thanks

Baz

[Casa]

What about the correspondence addressed to you? Do you have only single named documents and if so how many each?

[Wanderer]

Hi CR001,

Thanks for your reply.

The reason why I have added a covering letter myself is just to explain the fact I am self employed and take the large majority of my income as Dividends, and highlight the HMRC payments I've made in the last 6 months. Do you think it's not required?

You're not self-employed, you are employed by your Ltd Co.

[baz86]

What about the correspondence addressed to you? Do you have only single named documents and if so how many each?

I've not yet included any correspondence addressed to me as it's a simple application for her. Should I be included my correspondence too? Unfortunately, apart from the Joint Current Account statement everything is address individually to either myself or my wife.

[baz86]

What about the correspondence addressed to you? Do you have only single named documents and if so how many each?

The following are addressed to my wife only (included in application):

- Counterpart Driving Licence
- HMRC Letter from 2014 FLR(M) Application
- NHS Medical Card
- Security Service Clearance Letter (Needed as wife works as a Carer)
- Job Offer Letter
- Driving Theory Test Pass Letter
- College Confirmation Letter
- HMRC New Tax Reference Letter
- NHS Treatment Invoice & Payment Receipt

[Casa]

Correspondence from both of you is a mandatory as evidence of a subsisting relationship/joint address throughout the qualifying period. Documents addressed to your wife alone won't be sufficient to prove this. See Section 12 from form SET(M).
Note 8 We need 6 letters or other documents addressed to you jointly or in both your names. If you do not have enough items
in your joint names, you may also provide items addressed to each of you individually if they show the same address for both of
you.
For example – 4 items of correspondence in joint names to the same address and 2 items addressed to each partner at the
address. In total 8 items will need to be submitted.
If you and your partner have no bills or correspondence in joint names you will need to submit 12 items (6 each) of correspondence,
evidencing that you reside together at the same address.
Examples of acceptable letters and documents are listed below. They must be originals.
The dates of the letters or documents should spread over the whole 2 years. They should be from at least 3 different
sources.
Please give an explanation on a separate sheet if you cannot provide 6 items; if the documents are not addressed to both of you;
or if they do not cover the 2-year period. If you and your partner lived with relatives or friends for some or all of the 2-year period,
please provide a letter from the relative(s) and/or friend(s) confirming this.

[baz86]

Correspondence from both of you is a mandatory as evidence of a subsisting relationship/joint address throughout the qualifying period. Documents addressed to your wife alone won't be sufficient to prove this. See Section 12 from form SET(M).
Note 8 We need 6 letters or other documents addressed to you jointly or in both your names. If you do not have enough items
in your joint names, you may also provide items addressed to each of you individually if they show the same address for both of
you.
For example – 4 items of correspondence in joint names to the same address and 2 items addressed to each partner at the
address. In total 8 items will need to be submitted.
If you and your partner have no bills or correspondence in joint names you will need to submit 12 items (6 each) of correspondence,
evidencing that you reside together at the same address.
Examples of acceptable letters and documents are listed below. They must be originals.
The dates of the letters or documents should spread over the whole 2 years. They should be from at least 3 different
sources.
Please give an explanation on a separate sheet if you cannot provide 6 items; if the documents are not addressed to both of you;
or if they do not cover the 2-year period. If you and your partner lived with relatives or friends for some or all of the 2-year period,
please provide a letter from the relative(s) and/or friend(s) confirming this.

Thank you Casa & CR001. I will include correspondence address to me as well. Unfortunately, we are in the situation where only join account statement is in both of our names and everything else (including utility) is individual. I will go by the guidance above.