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ILR Forms Advice

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Marriage | Unmarried Partners | Fiancé | Ancestry

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Orion46
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Joined: Sat Sep 17, 2011 11:13 am

ILR Forms Advice

Post by Orion46 » Fri Mar 30, 2012 2:12 pm

Hi Guys,
I’ve got quite a peculiar case and I hope someone can help.
My storyline in a nutshell:
I’m South African & my spouse is British. We met in SA and got married in 2005. Thereafter we moved to the UK in 2008, with me on a spouse settlement visa. After my 2 year qualifying period we opted for an extension rather than ILR for financial reasons. My next step is to apply for ILR but my spouse and I am not living together at the moment. Our marriage has not dissolved i.e. we’re not divorced and would likely get back together again in the future.
My question is this: We can’t use SET(M) since we would have to sign the declaration that we live together and neither of us is keen to lie. Would it be possible to use SET(O) (using other purposes reasons not covered by other applications) to explain our current situation and make an application for ILR?
We have extensive evidence that our marriage is real and in addition to this I also have letters of support for my ILR application from my spouse, my employer, my local MP and various other sources.
Any thoughts would be greatly appreciated.

Gregarious
Member of Standing
Posts: 365
Joined: Tue Mar 06, 2012 6:32 pm

Re: ILR Forms Advice

Post by Gregarious » Fri Mar 30, 2012 2:49 pm

@Orion46;
SET(O) If you are applying for ILR; you can use this form if comes under any categories or route.
- work permit holder
- employment not requiring a work permit
- businessperson
- innovator
- investor
- highly skilled migrant
- highly skilled migrant under the terms of the
HSMP indefinite leave to remain (ILR) judicial
review policy document
- self-employed lawyer
- writer, composer or artist

DO YOU COME ANY OF THE ABOVE CATEGORY?

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Casa
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Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Post by Casa » Fri Mar 30, 2012 3:04 pm

You would have to apply for another extension on form FLR(M), explaining the reasons. Do you have children together?

Orion46
Newly Registered
Posts: 5
Joined: Sat Sep 17, 2011 11:13 am

Post by Orion46 » Fri Mar 30, 2012 3:12 pm

Thank you for your reply Casa,
No, we don't have any children, and I did take and pass the Life in the UK test last year in preparation for future applications. I'll have a look over FLR(M) again.
Regards

Orion46
Newly Registered
Posts: 5
Joined: Sat Sep 17, 2011 11:13 am

Post by Orion46 » Fri Mar 30, 2012 4:25 pm

Dear Casa,
An extension would be great, and I can always apply for ILR in the future once we back together again. FLR(M) however would still require both my spouse and I to sign a declaration that we currently live together. Can this issue be explained with relevant cover letters? Would the Border agency accept the application and still consider?
Please excuse my ignorance.
Regards

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