Clarification required on ILR application for couple married for 4 years and more
#1
Clarification required on ILR application for couple married for 4 years and more
Hello:
Me (UK and US citizenship) and my wife (US citizen) and I have been married now for nearly 8 years and currently busy collecting paper work to submit early next year for my wife visa for settlement.
I am aware of the clause where any couple married for 4 or more years can immediately apply for the Indefinite Leave to Remain (IRL) visa once completing the Life in the UK (LITUK) test, which is what we intend do with when me move back...however this is my concern:
When I went to UK border agency to find information SET (M), Settlement form based on marriage, it does NOT state anywhere that an applicant married to a British spouse for 4+ years can fill this form BEFORE the two year requirement period.
Can anyone shine some light on this issue as we don't want to end up submitting this form and only finding out later we were turned down because we did not fulfill the 2 year requirement. Unless there is a different form for an applicant married for 4+ years to a UK citizen?
Thank you my friends for all your priceless suggestions earlier!
Manny
Me (UK and US citizenship) and my wife (US citizen) and I have been married now for nearly 8 years and currently busy collecting paper work to submit early next year for my wife visa for settlement.
I am aware of the clause where any couple married for 4 or more years can immediately apply for the Indefinite Leave to Remain (IRL) visa once completing the Life in the UK (LITUK) test, which is what we intend do with when me move back...however this is my concern:
When I went to UK border agency to find information SET (M), Settlement form based on marriage, it does NOT state anywhere that an applicant married to a British spouse for 4+ years can fill this form BEFORE the two year requirement period.
Can anyone shine some light on this issue as we don't want to end up submitting this form and only finding out later we were turned down because we did not fulfill the 2 year requirement. Unless there is a different form for an applicant married for 4+ years to a UK citizen?
Thank you my friends for all your priceless suggestions earlier!
Manny
#2
BE Forum Addict
Joined: Dec 2008
Posts: 3,396
Re: Clarification required on ILR application for couple married for 4 years and more
Not sure what exactly you're asking. However, have a read through of the Immigration Directorate Instructions for Spouses - and particularly para 2.7 within that document. This confirms that the full 2-year probationary period would not apply for your wife.
#3
Re: Clarification required on ILR application for couple married for 4 years and more
I don't think it's written into the guidance for that form because it's such an exception. Only a minute percent would be in your situation. I'm not entirely sure if that's the form you would need. I've had excellent info over on the www.talk.uk-yankee.com forum. That is the forum I used to investigate what I needed in order to apply for Indefinite Leave to Enter from here in the US (which I just got today!!).
#4
Re: Clarification required on ILR application for couple married for 4 years and more
I don't think it's written into the guidance for that form because it's such an exception. Only a minute percent would be in your situation. I'm not entirely sure if that's the form you would need. I've had excellent info over on the www.talk.uk-yankee.com forum. That is the forum I used to investigate what I needed in order to apply for Indefinite Leave to Enter from here in the US (which I just got today!!).
#5
Joined: Jan 2004
Posts: 1,198
Re: Clarification required on ILR application for couple married for 4 years and more
Our situation is similar to yours. We were married 6 years (in US all that time). I'm US, hubby is UK. We moved back to UK last year, I took LIUK test, submitted SET(M) form with a cover sheet stating that we were applying under the married over 4 years rule. (I can dig out my exact wording tomorrow). We went to Croydon and did the same-day app because I needed by residency asap for job purposes. Had no probs whatsoever. But it is the SET(M) form that you use.
#6
Re: Clarification required on ILR application for couple married for 4 years and more
Our situation is similar to yours. We were married 6 years (in US all that time). I'm US, hubby is UK. We moved back to UK last year, I took LIUK test, submitted SET(M) form with a cover sheet stating that we were applying under the married over 4 years rule. (I can dig out my exact wording tomorrow). We went to Croydon and did the same-day app because I needed by residency asap for job purposes. Had no probs whatsoever. But it is the SET(M) form that you use.
The wordings of your cover-letter would be very helpful to us for reference purposes. Ironically, my wife and I both are also planning for her to apply same-day app.
I assume SET (M) application form is similar to the "Settlement Visa" application form VAF4A, where you showed similar paperwork you submitted for the settlement visa app in the US before moving to the UK? I was unable to find this SET (M) form as nowadays its only available to be filled online.
#7
BE Forum Addict
Joined: Dec 2008
Posts: 3,396
Re: Clarification required on ILR application for couple married for 4 years and more
#8
Forum Regular
Joined: Jun 2011
Posts: 33
Re: Clarification required on ILR application for couple married for 4 years and more
Hello:
Me (UK and US citizenship) and my wife (US citizen) and I have been married now for nearly 8 years and currently busy collecting paper work to submit early next year for my wife visa for settlement.
I am aware of the clause where any couple married for 4 or more years can immediately apply for the Indefinite Leave to Remain (IRL) visa once completing the Life in the UK (LITUK) test, which is what we intend do with when me move back...however this is my concern:
When I went to UK border agency to find information SET (M), Settlement form based on marriage, it does NOT state anywhere that an applicant married to a British spouse for 4+ years can fill this form BEFORE the two year requirement period.
Can anyone shine some light on this issue as we don't want to end up submitting this form and only finding out later we were turned down because we did not fulfill the 2 year requirement. Unless there is a different form for an applicant married for 4+ years to a UK citizen?
Thank you my friends for all your priceless suggestions earlier!
Manny
Me (UK and US citizenship) and my wife (US citizen) and I have been married now for nearly 8 years and currently busy collecting paper work to submit early next year for my wife visa for settlement.
I am aware of the clause where any couple married for 4 or more years can immediately apply for the Indefinite Leave to Remain (IRL) visa once completing the Life in the UK (LITUK) test, which is what we intend do with when me move back...however this is my concern:
When I went to UK border agency to find information SET (M), Settlement form based on marriage, it does NOT state anywhere that an applicant married to a British spouse for 4+ years can fill this form BEFORE the two year requirement period.
Can anyone shine some light on this issue as we don't want to end up submitting this form and only finding out later we were turned down because we did not fulfill the 2 year requirement. Unless there is a different form for an applicant married for 4+ years to a UK citizen?
Thank you my friends for all your priceless suggestions earlier!
Manny
#9
Joined: Jan 2004
Posts: 1,198
Re: Clarification required on ILR application for couple married for 4 years and more
Mecano, when he said 'Ironically, my wife and I both are also planning for her to apply same-day app' I assume he means they will be in the UK at time of application.
#10
Forum Regular
Joined: Jun 2011
Posts: 33
Re: Clarification required on ILR application for couple married for 4 years and more
RE: Our intention is to pay for the in-person interview after passing the KOL test, it will be so much easier to explain in person...
#11
Joined: Jan 2004
Posts: 1,198
Re: Clarification required on ILR application for couple married for 4 years and more
No worries.
Now go stand in the corner.
Now go stand in the corner.
#12
Joined: Jan 2004
Posts: 1,198
Re: Clarification required on ILR application for couple married for 4 years and more
manny1980, sorry it's taken me so long to get back to you on this. My documents were on my other computer and I had to dig it out.
When I submitted my SET(M) paperwork, I printed this out in large, bold letters and put it at the very front of the application:
PLEASE NOTE:
I am not required to be in the UK for 2 years as I satisfy 287(a)(i)(c) of the immigration rules and have met the requirements for Indefinite Leave except KOL.
My entry Visa was marked: 'SETTLEMENT TO JOIN/ACC PARTNER (KOL REQ) _________ '<-- enter the name of your spouse here.
I have since taken and passed KOL and am therefore applying here today for ILR as Spouse of a person present and settled in the UK.
__________________________ <-- sign
(your name), Applicant
Things may have changed in the past year (not sure how the Visa's are stamped now), but hopefully this will help.
When I submitted my SET(M) paperwork, I printed this out in large, bold letters and put it at the very front of the application:
PLEASE NOTE:
I am not required to be in the UK for 2 years as I satisfy 287(a)(i)(c) of the immigration rules and have met the requirements for Indefinite Leave except KOL.
My entry Visa was marked: 'SETTLEMENT TO JOIN/ACC PARTNER (KOL REQ) _________ '<-- enter the name of your spouse here.
I have since taken and passed KOL and am therefore applying here today for ILR as Spouse of a person present and settled in the UK.
__________________________ <-- sign
(your name), Applicant
Things may have changed in the past year (not sure how the Visa's are stamped now), but hopefully this will help.
#13
Re: Clarification required on ILR application for couple married for 4 years and more
Thanks DDL, your letter is very simple and yet to the point. I shall follow your advice when we submit my wife's papers after (hopefully) we successfully get her Settlement Entrance Clearance sorted out from the US first!
#14
Re: Clarification required on ILR application for couple married for 4 years and more
Our situation is similar to yours. We were married 6 years (in US all that time). I'm US, hubby is UK. We moved back to UK last year, I took LIUK test, submitted SET(M) form with a cover sheet stating that we were applying under the married over 4 years rule. (I can dig out my exact wording tomorrow). We went to Croydon and did the same-day app because I needed by residency asap for job purposes. Had no probs whatsoever. But it is the SET(M) form that you use.
Just how quickly can one submit SET(M) for settlement in the UK after taking the LIUK test? Most likely my and I will also go for same-day in person for this.
#15
Re: Clarification required on ILR application for couple married for 4 years and more
[QUOTE=DDL;9637480]manny1980, sorry it's taken me so long to get back to you on this. My documents were on my other computer and I had to dig it out.
When I submitted my SET(M) paperwork, I printed this out in large, bold letters and put it at the very front of the application:
One more question for you DDL, if I may: I read that one needs to also provide evidence of the address in the UK before sitting the Life in the UK Test. If, for example, my wife and I move to the UK, she has no official document with the address in the UK ( I do however as we will be staying with my mother's house and my driving license, bank statement gives that address). What kind of evidence you took for address before sitting this test? Any suggestions?
When I submitted my SET(M) paperwork, I printed this out in large, bold letters and put it at the very front of the application:
One more question for you DDL, if I may: I read that one needs to also provide evidence of the address in the UK before sitting the Life in the UK Test. If, for example, my wife and I move to the UK, she has no official document with the address in the UK ( I do however as we will be staying with my mother's house and my driving license, bank statement gives that address). What kind of evidence you took for address before sitting this test? Any suggestions?