Go Back  British Expats > Living & Moving Abroad > Moving back or to the UK > Citizenship/Passports and Spouse/Family Visas (UK)
Reload this Page >

Clarification required on ILR application for couple married for 4 years and more

Clarification required on ILR application for couple married for 4 years and more

Old Sep 19th 2011, 4:58 am
  #1  
Forum Regular
Thread Starter
 
manny1980's Avatar
 
Joined: Nov 2010
Location: UK
Posts: 166
manny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nice
Unhappy 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
manny1980 is offline  
Old Sep 19th 2011, 12:48 pm
  #2  
BE Forum Addict
 
Joined: Dec 2008
Posts: 3,396
roaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond repute
Default 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.
roaringmouse is offline  
Old Sep 19th 2011, 5:13 pm
  #3  
Lost in BE Cyberspace
 
Bluegrass Lass's Avatar
 
Joined: Oct 2003
Location: My Old KY Home!
Posts: 6,498
Bluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond repute
Default 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!!).
Bluegrass Lass is offline  
Old Sep 19th 2011, 7:58 pm
  #4  
Forum Regular
Thread Starter
 
manny1980's Avatar
 
Joined: Nov 2010
Location: UK
Posts: 166
manny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nice
Default Re: Clarification required on ILR application for couple married for 4 years and more

Originally Posted by Bluegrass Lass View Post
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!!).
Thanks Bluegrass Lass! I was not aware that situation like ours is very rare for immigration. Now I am wondering what form will it be for someone who: has been married for 4+ years, is in the UK and just completed the LITUK test after landing there I searched the UK official website and did not find any exceptional form for someone in our situation. My best guess is that SET (M) form will probably also applicable for us but the only concern there I have is that the guideline for this form states it can only be used if we have lived in the UK for 2 years...pity they could have been more transparent about this information.
manny1980 is offline  
Old Sep 19th 2011, 11:35 pm
  #5  
DDL
 
Joined: Jan 2004
Posts: 1,198
DDL is an unknown quantity at this point
Default 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.
DDL is offline  
Old Sep 20th 2011, 4:08 am
  #6  
Forum Regular
Thread Starter
 
manny1980's Avatar
 
Joined: Nov 2010
Location: UK
Posts: 166
manny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nice
Default Re: Clarification required on ILR application for couple married for 4 years and more

Originally Posted by DDL View Post
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.
Thanks DLL, this really helps and clears any doubts I had in my mind.

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.
manny1980 is offline  
Old Sep 20th 2011, 4:35 am
  #7  
BE Forum Addict
 
Joined: Dec 2008
Posts: 3,396
roaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond reputeroaringmouse has a reputation beyond repute
Default Re: Clarification required on ILR application for couple married for 4 years and more

Originally Posted by manny1980 View Post
I was unable to find this SET (M) form as nowadays its only available to be filled online.
You can still download the SET(M) form - I tried just a moment ago, and found it quite quickly. Use the form finder in the UKBA website, look for SET(M) and then select paper form.
roaringmouse is offline  
Old Sep 21st 2011, 2:54 pm
  #8  
Forum Regular
 
Joined: Jun 2011
Posts: 33
Mecano is just really niceMecano is just really niceMecano is just really niceMecano is just really niceMecano is just really niceMecano is just really niceMecano is just really niceMecano is just really niceMecano is just really nice
Default Re: Clarification required on ILR application for couple married for 4 years and more

Originally Posted by manny1980 View Post
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
If you are applying from the US it will have to be done via the Online application process, not through the SET(M). When applying from the US you can only do it online. I believe one of the questions is under what basis you are applying for a Visa and one of the available answers is as a husband/wife of a UK national married for more than 4 years... (I'm doing mine later this year and am in the same situation).
Mecano is offline  
Old Sep 22nd 2011, 10:02 am
  #9  
DDL
 
Joined: Jan 2004
Posts: 1,198
DDL is an unknown quantity at this point
Default 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.
DDL is offline  
Old Sep 22nd 2011, 11:54 am
  #10  
Forum Regular
 
Joined: Jun 2011
Posts: 33
Mecano is just really niceMecano is just really niceMecano is just really niceMecano is just really niceMecano is just really niceMecano is just really niceMecano is just really niceMecano is just really niceMecano is just really nice
Default Re: Clarification required on ILR application for couple married for 4 years and more

Originally Posted by DDL View Post
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.
I stand corrected; it does wonders when you actually read the thing carefully

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...
Mecano is offline  
Old Sep 22nd 2011, 1:49 pm
  #11  
DDL
 
Joined: Jan 2004
Posts: 1,198
DDL is an unknown quantity at this point
Default Re: Clarification required on ILR application for couple married for 4 years and more

No worries.

Now go stand in the corner.
DDL is offline  
Old Sep 23rd 2011, 8:12 am
  #12  
DDL
 
Joined: Jan 2004
Posts: 1,198
DDL is an unknown quantity at this point
Default 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.
DDL is offline  
Old Sep 24th 2011, 1:52 am
  #13  
Forum Regular
Thread Starter
 
manny1980's Avatar
 
Joined: Nov 2010
Location: UK
Posts: 166
manny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nice
Default 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!
manny1980 is offline  
Old Oct 1st 2011, 4:05 am
  #14  
Forum Regular
Thread Starter
 
manny1980's Avatar
 
Joined: Nov 2010
Location: UK
Posts: 166
manny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nice
Default Re: Clarification required on ILR application for couple married for 4 years and more

Originally Posted by DDL View Post
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.
There was one question I forgot to ask in regards to submitting this SET(M) form after taking the LIUK test:

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.
manny1980 is offline  
Old Oct 1st 2011, 5:03 am
  #15  
Forum Regular
Thread Starter
 
manny1980's Avatar
 
Joined: Nov 2010
Location: UK
Posts: 166
manny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nicemanny1980 is just really nice
Default 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?
manny1980 is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.