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Section 5.2 of SET(M) regarding english requirement is ambiguous

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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dushyant
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United Kingdom

Which form for partner's ILR - SET(O) or SET(M)?

Post by dushyant » Tue Jan 23, 2018 9:02 am

Hello everyone,

I got HSMP in 2007, then switched to Tier 1(General) in 2010 followed by ILR in 2012.
I got married in 2013 and my wife got a visa as partner/spouse of a settled person.
In late 2013 I got my citizenship
In 2015 my wife extended her spouse visa
Now she is eligible for ILR, but which application form to use?

When searching the forum I found this information has been asked several times and the advice from veteran forum members is use the SET(M) form but I wanted to clarify why does the government website recommend SET(O) after I answer a series of question - did I choose the wrong answers?

Below are the answers I chose at https://www.gov.uk/settle-in-the-uk/y
  • You're the family member or partner of a British citizen
    Did your family member or partner settle before they became a British citizen? A:YES
    How did they settle? A:On a work visa
    What type of work visa did they settle with? A: A tier 1, tier 2 or tier 5 visa
And the answer came up as:
Use form SET(O). Check the form for the supporting documents you need.

Shouldn't it have been SET(M)?

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CMOSUK
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Re: Which form for partner's ILR - SET(O) or SET(M)?

Post by CMOSUK » Tue Jan 23, 2018 9:15 am

dushyant wrote:
Tue Jan 23, 2018 9:02 am
Hello everyone,

I got HSMP in 2007, then switched to Tier 1(General) in 2010 followed by ILR in 2012.
I got married in 2013 and my wife got a visa as partner/spouse of a settled person.
In late 2013 I got my citizenship
In 2015 my wife extended her spouse visa
Now she is eligible for ILR, but which application form to use?

When searching the forum I found this information has been asked several times and the advice from veteran forum members is use the SET(M) form but I wanted to clarify why does the government website recommend SET(O) after I answer a series of question - did I choose the wrong answers?

Below are the answers I chose at https://www.gov.uk/settle-in-the-uk/y
  • You're the family member or partner of a British citizen
    Did your family member or partner settle before they became a British citizen? A:YES
    How did they settle? A:On a work visa
    What type of work visa did they settle with? A: A tier 1, tier 2 or tier 5 visa
And the answer came up as:
Use form SET(O). Check the form for the supporting documents you need.

Shouldn't it have been SET(M)?

I believe if your wife was on the 5 year route and you were using FLR (M), you would use SET(M) when applyibg for ILR on the 5 year route.

If this could be clarified please.
These are my 'views' and 'opinions'.
If in doubt always seek professional advice, or at least do a search for the relevant information. :P

If i make any mistakes, You are more than welcome to correct me.


vinny
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Re: Which form for partner's ILR - SET(O) or SET(M)?

Post by vinny » Tue Jan 23, 2018 9:16 am

dushyant wrote:
Tue Jan 23, 2018 9:02 am
I got HSMP in 2007, then switched to Tier 1(General) in 2010 followed by ILR in 2012.
I got married in 2013 and my wife got a visa as partner/spouse of a settled person.
In late 2013 I got my citizenship
In 2015 my wife extended her spouse visa
Now she is eligible for ILR, but which application form to use

Shouldn't it have been SET(M)?
Apply to settle in the UK wrote:If you got your current visa as your partner’s dependant after they settled in the UK, you must apply as the partner of a settled person instead.
SET(M) is correct as wife's initial and current leave were after you settled. They were under Appendix FM.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

dushyant
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Posts: 9
Joined: Tue Jan 23, 2018 8:49 am
United Kingdom

Can I (sponsor) accompany my wife to her SET(M) Premium Service Appointment?

Post by dushyant » Mon Jan 29, 2018 10:38 am

Hello all,

Will I as the sponsor be allowed entrance at the Croydon office to accompany my wife to her SET(M) Premium Service Appointment?

Many thanks

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CR001
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Re: Can I (sponsor) accompany my wife to her SET(M) Premium Service Appointment?

Post by CR001 » Mon Jan 29, 2018 11:05 am

Yes, you are expected to attend with your spouse.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

dushyant
Newly Registered
Posts: 9
Joined: Tue Jan 23, 2018 8:49 am
United Kingdom

Section 5.2 of SET(M) regarding english requirement is ambiguous

Post by dushyant » Mon Jan 29, 2018 12:00 pm

Hi,
Section 5.2 of SET(M) form states:

An academic qualification deemed by UK NARIC to meet the recognised standard of a
Bachelor’s or Master’s degree or PhD in the United Kingdom and:
˗ UK NARIC has confirmed that the qualification was taught or researched in English


Can someone confirm NARIC cannot confirm that the qualification was taught in english?
AFAIK NARIC can only confirm that an overseas qualification is equivalent to a UK qualification, and are not able to say whether the overseas qualification was taught in english, only the awarding university/college can say that.

In fact, https://www.gov.uk/english-language/degrees-in-english states that what is required is:
an original letter or certificate from UK NARIC confirming the equivalent level of your degree, plus an official letter from your university with your name and degree confirming that your degree was taught in English

dushyant
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Posts: 9
Joined: Tue Jan 23, 2018 8:49 am
United Kingdom

Re: Section 5.2 of SET(M) regarding english requirement is ambiguous

Post by dushyant » Mon Jan 29, 2018 12:30 pm

Just found: https://www.gov.uk/government/uploads/s ... LL-v19.pdf, it states 2 certifications are needed from NARIC - a QUAL cert for qualification equivalence and a ELPS cert for english proficiency.

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