Indefinite Leave to Remain (Spousal Visa - 5 year route)

[Dimple1973]

Hello,

I was looking for some advice on my Indefinite Leave to Remain. I apologise if I have posted in the wrong forum and/or if I have posted under a wrong topic; my questions touch many topics so I presumed that it made sense to start a new topic. If I am wrong, then I apologise; but I am hoping that you can answer my questions.

I am on a Spousal Visa (5-year route); I entered the country on 19th August 2015. My first renewal was in February 2018 (used the Premium Service at that time). My current visa (BRP) is valid until 17th September 2020. Here are my questions:

1. When can I apply for my Indefinite Leave to remain? Is it no sooner than 28 days before 17th September 2020 or is it no sooner than 28 days before 19th August 2020?
2. Am I using SET(M) online application?
3. Is it only one online application; is there anything else I need to fill/submit online?
4. How soon can I start my online application? Can I start it anytime but ensure that I don’t submit it before I am eligible?
5. Are the requirements very similar to the Leave to Remain application (e.g. financial requirement etc)?
6. The process seems to have changed since I applied for my Leave to Remain. At that time, I applied for the Premium Service; I took a printed copy of my application along with all the required proof/supporting documentation and got the decision the same day. But now it seems that the process has changed. Am I correct in understanding that I have to submit the online application before the expiry of my visa and when I reach the payment stage it will ask me if I want a Standard Service or a Super Priority Service? Regardless of which service I choose, I still have to book an appointment with UKVCAS to submit my proof/supporting documentation and give bio-metric details at that appointment? Am I just booking an appointment with UKVCAS or do I have to book anything with UKVI as well?
7. Do I have to submit the online application before I can book an appointment with UKVCAS? Will it not allow me to book an appointment with UKVCAS without starting my online application?
8. Given that UKVCAS appointments are going to be a bit challenging to book given the circumstances, what are the implications if I submit my online application before the expiry of my current visa but don’t get an appointment to submit my proof/supporting documentation and give bio-metric details at UKVCAS until after the expiry of my visa?
9. Also, what happens if the UKVCAS centres have to be shut down again; will it have any implications on my status in the country as long as I have submitted my online application prior to the expiry of my current visa?
10. I have to yet pass my Life in the UK test (it is scheduled for 27th June in Hounslow, London); what happens if I don’t pass my test or if the test centres have to be closed down again and I am unable to meet this requirement when I submit my application? Can I say ‘no’ on the online application that I haven’t met this requirement and if I pass it before my appointment with UKVCAS then I can submit the test result at the appointment? What do I do because I won’t be able to modify the answer on my application after I submit it. Or should I say ‘yes’ on the online application that I have passed the Life in the UK test and be optimistic that I will pass it (since I have booked multiple appointments to ensure that I can do the test again if I fail) before I have to submit the proof at my UKVCAS appointment? Or does it ask for some sort of proof on the online application if you say ‘yes’ that you have passed the Life in the UK test?
11. It is likely that I may not have passed the test when I submit the application but I may pass before I attend my appointment at UKVCAS; do I still submit the SET(M) online application?
12. If I don’t pass the Life in the UK test by the time I have to attend the UKVCAS appointment, then I won’t qualify for Indefinite Leave to Remain. In that case, what are my options?
13. Do the photos (2 if mine and 1 of my husband) have to be submitted when I attend the UKVCAS appointment?
14. Do I have to pay for Immigration Health Surcharge?
15. Is there anything else I need to know about this whole process?

Apologies for so many questions and thank you so much for your help and guidance.

Kind Regards,

Dimple

[CR001]

Just a note of advice, members are often put off with such lengthy number of questions in one go.

1. When can I apply for my Indefinite Leave to remain? Is it no sooner than 28 days before 17th September 2020 or is it no sooner than 28 days before 19th August 2020?

You can apply no sooner than within 28 days before the 5th anniversary of the date you entered the UK OR at the latest, before your visa expires.

2. Am I using SET(M) online application?

Yes.

3. Is it only one online application; is there anything else I need to fill/submit online?

Online application. You also need to upload all your supporting documents on the UKCVAS portal after you have applied online and before your biometric appointment.

4. How soon can I start my online application? Can I start it anytime but ensure that I don’t submit it before I am eligible?

You can start any time. Note that applications only remain 'live' for a certain number of weeks (10 I think), then they are deleted.

5. Are the requirements very similar to the Leave to Remain application (e.g. financial requirement etc)?

Yes, all the same requirements have to be me plus LIUK test and English B1 as well as two years evidence of cohabitation in both names to prove subsisting relationship.

6. The process seems to have changed since I applied for my Leave to Remain. At that time, I applied for the Premium Service; I took a printed copy of my application along with all the required proof/supporting documentation and got the decision the same day. But now it seems that the process has changed. Am I correct in understanding that I have to submit the online application before the expiry of my visa and when I reach the payment stage it will ask me if I want a Standard Service or a Super Priority Service? Regardless of which service I choose, I still have to book an appointment with UKVCAS to submit my proof/supporting documentation and give bio-metric details at that appointment? Am I just booking an appointment with UKVCAS or do I have to book anything with UKVI as well?

Correct. You only book a biomteric and identity appointment with UKCVAS. There are no UKVI appointments or anything.

7. Do I have to submit the online application before I can book an appointment with UKVCAS? Will it not allow me to book an appointment with UKVCAS without starting my online application?

Yes. You cannot book a UKCVAS appointment until after you have applied, submitted and paid online.

8. Given that UKVCAS appointments are going to be a bit challenging to book given the circumstances, what are the implications if I submit my online application before the expiry of my current visa but don’t get an appointment to submit my proof/supporting documentation and give bio-metric details at UKVCAS until after the expiry of my visa?

Date of application is the date you submit and pay online and NOT your biomtric appointment.

9. Also, what happens if the UKVCAS centres have to be shut down again; will it have any implications on my status in the country as long as I have submitted my online application prior to the expiry of my current visa?

No. If you submit online before your visa expires, you are protected under Section 3C of the Immigration Rules, meaning your existing visa conditions continue.

10. I have to yet pass my Life in the UK test (it is scheduled for 27th June in Hounslow, London); what happens if I don’t pass my test or if the test centres have to be closed down again and I am unable to meet this requirement when I submit my application? Can I say ‘no’ on the online application that I haven’t met this requirement and if I pass it before my appointment with UKVCAS then I can submit the test result at the appointment? What do I do because I won’t be able to modify the answer on my application after I submit it. Or should I say ‘yes’ on the online application that I have passed the Life in the UK test and be optimistic that I will pass it (since I have booked multiple appointments to ensure that I can do the test again if I fail) before I have to submit the proof at my UKVCAS appointment? Or does it ask for some sort of proof on the online application if you say ‘yes’ that you have passed the Life in the UK test?

Yes you say no to this question as you won't have the LIUK test reference to complete in the form, but you will then need to pass the test before your biometric appointment. No one will be penalised!

11. It is likely that I may not have passed the test when I submit the application but I may pass before I attend my appointment at UKVCAS; do I still submit the SET(M) online application?

Yes.

12. If I don’t pass the Life in the UK test by the time I have to attend the UKVCAS appointment, then I won’t qualify for Indefinite Leave to Remain. In that case, what are my options?

You will have to apply for a further 2.5 year spouse visa extension.

13. Do the photos (2 if mine and 1 of my husband) have to be submitted when I attend the UKVCAS appointment?

Photos are NOT required.

14. Do I have to pay for Immigration Health Surcharge?

There is no immigration health surcharge for ILR.

15. Is there anything else I need to know about this whole process?

It is fairly straightforward. Just make sure you have all the documents, especially the cohabitation from 3 to 6 sources covering the last two years.

[Dimple1973]

Thank you so much CR001 for your prompt and helpful reply.

Just wanted to clarify one thing; you have mentioned that photographs are NOT a requirement. Is that something new? I remember having to submit photographs when I applied for my 'Leave to Remain'; if photographs are not a requirement for this application, then how do they validate the identity and will it not be required for my BRP?

Regards,

Dimple

[CR001]

you have mentioned that photographs are NOT a requirement. Is that something new? I remember having to submit photographs when I applied for my 'Leave to Remain'; if photographs are not a requirement for this application, then how do they validate the identity and will it not be required for my BRP?

Everything is online, application a d supporting documents including your passports. Nothing is physically posted to HO. At your biometrics appointment, the staff will verify your identity as you must take your original passport and brp with you. You will also enroll your biometrics at the appointment (finger prints and digital photo)