1. What is the purpose of Form SET(M)?
The purpose of Form SET(M) is to apply for Indefinite Leave to Remain (ILR) in the UK as a partner or spouse of a British citizen or settled person. This form is specifically designed for individuals who have been living in the UK on a spouse or partner visa and have completed the required period of residence in the country. By submitting Form SET(M), applicants can seek permission to stay in the UK permanently and enjoy the benefits of settled status, including access to public funds and the ability to work without restrictions.
Completing Form SET(M) accurately and providing all necessary supporting documents is crucial to ensure a successful application for ILR as a partner or spouse in the UK. Applicants must demonstrate that they meet the specific eligibility criteria outlined by the Home Office, including requirements related to financial support, accommodation, and relationship authenticity. It is important to carefully follow the guidance provided with the form and seek professional advice if needed to maximize the chances of a positive outcome.
2. Who is eligible to apply for Indefinite Leave to Remain (ILR) as a partner or spouse using Form SET(M)?
To be eligible to apply for Indefinite Leave to Remain (ILR) as a partner or spouse using Form SET(M), the applicant must fulfill certain requirements:
1. The applicant must have been living in the UK with their partner or spouse on a valid visa for a specified period, typically two to five years, depending on the specific visa category under which they entered the UK.
2. The relationship must be genuine and subsisting, with evidence to demonstrate that it is a legitimate and ongoing relationship.
3. The applicant must meet the financial requirements set by the UK government, ensuring that they can support themselves without recourse to public funds.
4. The applicant must have a good knowledge of the English language, demonstrated by passing an approved English language test, unless exempted.
5. The applicant must not have breached any immigration laws while residing in the UK.
Meeting these criteria is crucial for a successful application for Indefinite Leave to Remain as a partner or spouse using Form SET(M).
3. What are the key requirements for the SET(M) application?
The key requirements for the SET(M) application for Indefinite Leave to Remain as a partner or spouse include:
1. Residency: The applicant must have lived in the UK for a specified period under the relevant visa category, such as the spouse visa or partner visa.
2. Relationship evidence: Providing documentation to prove the genuineness and stability of the relationship, such as marriage certificates, joint financial documents, and correspondence addressed to both partners at the same address.
3. Financial requirements: Demonstrating that the applicant meets the financial threshold in terms of income, savings, or a combination of both as per the current guidelines set by the Home Office.
4. English language proficiency: Providing evidence of meeting the English language requirement, typically through a recognized English language test.
5. Knowledge of Life in the UK: Passing the Life in the UK test to demonstrate knowledge of British customs, traditions, and society.
6. Other supporting documents: Submitting any additional documents required by the Home Office, such as TB test results or criminal record certificates if applicable.
Meeting these key requirements is essential to a successful SET(M) application for Indefinite Leave to Remain as a partner or spouse in the UK.
4. How should supporting documents be submitted with the SET(M) application?
Supporting documents should be submitted with the SET(M) application in a structured and organized manner to ensure that the application process runs smoothly. Here is a guide on how supporting documents should be submitted:
1. Required Documents: Make sure to include all required documents as listed in the SET(M) application guidance. These may include your passport, marriage certificate, proof of cohabitation, financial documents, and English language requirement evidence.
2. Organization: Arrange the supporting documents in a logical order, with tabs or clear dividers separating different sections. This will help the caseworker easily navigate through your application and locate the necessary information.
3. Copies: Provide clear and legible copies of all original documents. Do not submit original documents unless specifically requested by the Home Office.
4. Cover Letter: Consider including a cover letter summarizing the contents of your application and any additional information you believe is relevant. This can help provide context to the supporting documents.
5. Checklist: Use the SET(M) application checklist provided by the Home Office to ensure that you have included all the necessary documents. Tick off each item as you include it in your application package.
By following these guidelines, you can ensure that your SET(M) application is well-organized and includes all the required supporting documents to support your eligibility for Indefinite Leave to Remain as a partner or spouse in the UK.
5. Are there specific financial requirements for the SET(M) application?
Yes, there are specific financial requirements for the SET(M) application for Indefinite Leave to Remain (ILR) as a partner or spouse. To meet these requirements, the sponsoring partner must demonstrate that they have a minimum level of income or savings. The specific financial thresholds may vary depending on factors such as whether there are any dependent children included in the application and the length of time the couple has been living together in the UK. It is crucial to carefully review and understand the current financial requirements published by the Home Office to ensure compliance and a successful ILR application. Meeting these financial requirements is essential for the processing and approval of the SET(M) application.
6. What is the English language requirement for the SET(M) application?
For the SET(M) application for Indefinite Leave to Remain (ILR) as a partner or spouse, one of the requirements is meeting the English language requirement. Applicants can demonstrate their proficiency in English through various approved methods, including:
1. Passing an approved English language test at the required level.
2. Holding a degree that was taught or researched in English.
3. Being a national of a majority English-speaking country, as specified by the Home Office.
4. Holding an English language qualification that is recognized by UK NARIC.
It is important to carefully review the specific English language requirements for the SET(M) application and ensure that the documentation provided meets the necessary criteria to avoid any delays or issues in the application process.
7. Can I include dependents on my SET(M) application?
Yes, you can include dependents on your SET(M) application, provided they meet the eligibility requirements. Dependents could include children under the age of 18 or adults who are financially dependent on you. Including dependents on your application involves additional paperwork and evidence to demonstrate their relationship to you as the main applicant. It is important to ensure that all necessary documentation for each dependent is carefully gathered and submitted alongside your own application to avoid any delays or complications in the processing of the SET(M) application. Additionally, it is advisable to seek guidance from an immigration expert or legal advisor to assist you in properly including dependents on your application.
8. How long does it take to process a SET(M) application?
The processing times for a SET(M) application for Indefinite Leave to Remain (ILR) can vary depending on various factors such as the current caseload at the Home Office, the complexity of the case, and the individual circumstances of the applicant. On average, the processing time for a SET(M) application is typically around 6 to 8 weeks from the date of submission. However, it’s important to note that processing times can sometimes be longer, especially during peak application periods or if additional information or documents are requested by the Home Office. It’s always advisable to submit the application well in advance to allow for any potential delays in processing.
9. What is the validity period of Indefinite Leave to Remain (ILR) granted through the SET(M) application?
The Indefinite Leave to Remain (ILR) granted through the SET(M) application is valid indefinitely, as the name suggests. This means that once you are granted ILR, you are no longer subject to immigration control and are free to live and work in the UK without any restrictions. ILR is essentially a form of permanent residency in the UK, allowing you to stay in the country for as long as you wish without the need to apply for further visas or extensions. However, it is important to note that while ILR itself does not expire, there are certain conditions you must continue to meet in order to maintain your status, such as not spending long periods of time outside the UK as this could lead to the loss of ILR status.
10. Can I travel outside the UK while my SET(M) application is being processed?
Yes, you can travel outside the UK while your SET(M) application is being processed, but there are important factors to consider to avoid jeopardizing your application:
1. Biometrics Requirement: Ensure that you have completed your biometrics appointment before traveling, as this is a crucial step in the application process.
2. Travel Restrictions: Be aware of any travel restrictions or requirements in your host country and in the UK that may affect your ability to return during the processing period.
3. Communicate Changes: Inform the UK Visas and Immigration (UKVI) if your travel plans change after submitting your application to prevent any potential delays or complications.
4. Return Date: Plan your travel dates carefully to ensure you will be back in the UK for any scheduled appointments or further documentation requests from the UKVI.
5. Communication: Keep a record of your travel itinerary, including dates of departure and return, as this information may be required by the UKVI.
If you have any concerns about traveling during the application process, it is advisable to seek guidance from an immigration expert or solicitor to ensure that you comply with all necessary regulations and do not jeopardize your ILR application status.
11. Will I be required to attend an interview as part of the SET(M) application process?
Yes, applicants for Indefinite Leave to Remain (ILR) as a partner or spouse through the SET(M) application may be required to attend an interview as part of the application process. The UK Visas and Immigration (UKVI) may request an interview to further assess the genuineness of the relationship between the applicant and their partner, as well as to verify the information provided in the application.
1. If an interview is requested, it is important to prepare thoroughly by reviewing all the documents submitted with the application and being ready to provide additional evidence or answer questions about the relationship.
2. The interview is typically conducted by a UKVI caseworker who will ask questions to assess the sincerity and validity of the relationship, as well as to verify details such as living arrangements, joint financial commitments, communication history, and future plans.
3. Being well-prepared and honest during the interview is crucial to demonstrating that the relationship is genuine and meets the requirements for ILR as a partner or spouse under the SET(M) category.
12. What happens if my SET(M) application is refused?
If your SET(M) application is refused, there are several actions you can take:
1. Review the refusal letter: Carefully read the refusal letter to understand the reasons for the decision. This will help you identify any errors or misunderstandings that may have led to the refusal.
2. Seek legal advice: Consider seeking legal advice from an immigration lawyer or advisor who specializes in spouse/partner visas. They can help you understand your options, review your case, and advise on the best course of action.
3. Appeal the decision: You may have the right to appeal the refusal decision. The appeal process involves submitting additional evidence to support your case and presenting arguments as to why the decision should be overturned.
4. Consider reapplying: Depending on the reasons for the refusal, you may choose to reapply for SET(M) after addressing any issues that led to the initial refusal. This could involve providing additional evidence or clarifications to strengthen your case.
5. Time limitations: It’s important to be aware of any time limitations for appealing the decision or reapplying for ILR. Missing deadlines could limit your options for challenging the refusal.
Overall, navigating a refusal can be challenging, but with the right support and understanding of the process, you can take the necessary steps to address the decision and potentially secure your Indefinite Leave to Remain as a partner or spouse in the UK.
13. Can I apply for ILR as a partner or spouse if my relationship has broken down?
Yes, you can still apply for Indefinite Leave to Remain (ILR) as a partner or spouse even if your relationship has broken down. However, there are important factors to consider in such circumstances:
1. Permanent separation: If your relationship has irretrievably broken down, you must provide evidence of your permanent separation from your partner or spouse.
2. Legal separation or divorce: It is advisable to obtain a legal separation or divorce decree to officialize the end of the relationship before applying for ILR.
3. Requirement for ILR application: When applying for ILR, you will still need to meet all the other eligibility criteria set out for partners or spouses, aside from the continuing relationship requirement.
It is recommended to seek guidance from a professional immigration advisor or solicitor to properly handle your ILR application in case of a broken relationship.
14. What is the Life in the UK Test and do I need to pass it for the SET(M) application?
The Life in the UK Test is a requirement for individuals seeking Indefinite Leave to Remain (ILR) as a partner or spouse in the UK under the SET(M) application. The test is designed to assess an applicant’s knowledge of British traditions, history, customs, and values. It consists of multiple-choice questions based on a handbook called “Life in the United Kingdom: A Guide for New Residents. To pass the test, you will need to demonstrate a sufficient understanding of the material covered in the handbook. The test is mandatory for most individuals applying for settlement in the UK, including those applying for ILR as a partner or spouse. It is essential to prepare for the Life in the UK Test thoroughly to ensure successful completion and progress with your SET(M) application.
15. Can I work in the UK while holding Indefinite Leave to Remain (ILR) granted through the SET(M) application?
Yes, individuals who have been granted Indefinite Leave to Remain (ILR) through the SET(M) application are allowed to work in the UK without any restrictions. ILR holders have the right to work, study, and access public funds in the UK. It is important to note that ILR is a form of permanent residency in the UK, which means you are free to work for any employer, start your own business, or become self-employed. However, if you are planning to work in certain professions that require specific qualifications or professional registrations, you may need to ensure that you meet those requirements before starting work. Additionally, ILR holders should always keep their immigration status up to date and ensure they have the necessary documentation to prove their right to work in the UK.
16. Do I need to provide biometric information as part of the SET(M) application?
Yes, when applying for Indefinite Leave to Remain (ILR) as a partner or spouse using the SET(M) form, you are required to provide biometric information. This includes your fingerprints and a digital photograph. Biometrics are collected to confirm your identity and to strengthen the security and integrity of the immigration system. You will need to attend a biometric appointment at a designated location where your biometric information will be recorded. It is essential to follow the instructions provided regarding the biometric appointment to ensure a smooth processing of your ILR application.
17. Is there a fee to pay for the SET(M) application?
Yes, there is a fee to pay for the SET(M) application. The current fee for an Indefinite Leave to Remain (ILR) application as a partner or spouse under the SET(M) route is £2,389 as of November 2021. This fee is subject to change, so it is essential to check the latest fees on the official UK government website. It is crucial to ensure that the correct fee is paid, as any underpayment may result in the application being rejected or delayed. Payment can typically be made online or in person at a specified location. Additionally, it is important to keep a record of the payment transaction for reference during the application process.
18. Can I switch to ILR as a partner or spouse from another visa category?
Yes, you can switch to Indefinite Leave to Remain (ILR) as a partner or spouse from another visa category, provided you meet the specific requirements set out by the Home Office. In order to be eligible for ILR as a partner or spouse, you typically need to have been living in the UK with valid leave as the partner or spouse of a British citizen or settled person for a specified period of time, usually 5 years.
1. You must also meet the financial and accommodation requirements.
2. You should demonstrate a good knowledge of the English language.
3. It is essential to show that your relationship is genuine and subsisting.
4. Additionally, you must not have breached any UK immigration laws during your stay in the country.
Please note that the requirements for ILR as a partner or spouse may vary depending on your specific circumstances, so it is advisable to seek guidance from an immigration expert to ensure that you meet all the necessary criteria before applying.
19. How soon can I apply for British citizenship after obtaining ILR through the SET(M) application?
After obtaining Indefinite Leave to Remain (ILR) through the SET(M) application as a partner or spouse, you can apply for British citizenship typically after holding ILR for at least 12 months. There are specific requirements you must meet, including demonstrating a good knowledge of the English language and life in the UK, and showing a commitment to the UK by meeting the residency requirement. It is essential to ensure that you meet all the eligibility criteria before applying for British citizenship. Additionally, it is advisable to seek guidance from an immigration expert or solicitor to assist you with the application process to increase your chances of success.
20. Are there any changes to the SET(M) application process due to Brexit or other government policy updates?
Yes, there have been changes to the SET(M) application process due to Brexit and other government policy updates. Some of the key changes include:
1. End of Free Movement: With the end of free movement following Brexit, European Economic Area (EEA) nationals and their family members now need to apply under the SET(M) route if they want to settle in the UK as a partner or spouse.
2. Introduction of the EU Settlement Scheme: EEA family members who were residing in the UK before the end of the Brexit transition period were given the opportunity to apply to the EU Settlement Scheme to secure their status. Those who missed the deadline or arrived in the UK after the transition period will need to apply under the SET(M) route.
3. Changes in Immigration Rules: The UK government has made amendments to the Immigration Rules that impact the SET(M) application process. It is important for applicants to stay updated on these changes to ensure compliance with the requirements.
4. Possible Policy Updates: Government policies regarding immigration and settlement can undergo regular updates, so it is advisable for applicants to regularly check the official guidance provided by the Home Office to stay informed about any changes that may affect their SET(M) application.