Spouse Visa nearly running out, Set (M)?

[ggbc11]

Hi all,

I've been tasked with arranging my friends wife's visa as he is too ill to do so at the moment and possibly for the coming months. I have made a Visitors visa before for my girlfriend but I'm reckoning that settlement visas are another kettle of fish hence why I have posted this in hope of some advice.

History:

My friend Bob meets Ann in Thailand.

Bob comes back to UK for a month then returns to Thailand stays there with Ann for 3 months.

Bob arranges a visitors visa for Ann and brings her back for 6 months.

Bob and Ann go back to Thailand and get married and then get Spouse visa for Ann.

Ann arrives in UK March 2012.

Now, only 3 months left of visa.

I've read through the UKBA's web site and thought that a Set(M) visa would be best suited as it states that a spouse can apply for this if they have been here 2 years and have their biometric details logged. After searching the internet however it became apparent that she would also need to sit a "life in the UK" test which I think might take quite a bit of coaching to get her through. I would have also thought that this type of visa is more likely to be refused?

I then read the pinned topic regarding settlement visas on this site and in the spouse section it says, "These two visas are valid for 33 months and after the holder has lived in the UK for 30 months they apply for a further 30 months and at the end of that they can apply for ILR."

Could someone please advise what would be the best course of action, which visa should I apply for, Set (M) or an extension of the spouse visa?

I would greatly appreciate any help as my friends condition is very serious (terminal) and having Ann, his wife, with him is absolutely vital.

Many Thanks in advance,

D

[7by7]

The rules changed w.e.f. 9th July 2012, and the information in the pinned topic applies to those whose application for their initial settlement visa after that date.

As your friend's wide did so before that date, she comes under the old rules. Her initial visa would have been valid for 27 months and she could apply for Indefinite Leave to Remain (ILR) after living in the UK for at least 24 months using form SET(M).

But to qualify for ILR one of the requirements is that she must have passed the LitUK test and achieved at least B1 in English speaking and listening.

If she hasn't done so, and is unable to do so before her current visa expires, she will have to apply for Further Leave to Remain. This will be valid for a further 24 months and at the end, assuming she then meets the requirements, she can apply for ILR.

[ggbc11]

Thank you very much 7by7,

I'm going to go for FLR(M) as I think it will be easier,

Many thanks,

[wooloomooloo]

I'm going to go for FLR(M) as I think it will be easier,

Don't forget to inform Bob and Ann that they might not want to sit out another two years of inaction.

Edited February 26, 2014 by wooloomooloo

[ggbc11]

Hello,

first of all, thanks again for your previous guidance. I have filled a draft copy of the FLRM visa application form and have come across some issues that I would like some help with. The two major ones are,

• Evidence of being able to adequately maintain. My friend Bob had a job before his condition got worse and was given a permanent sick note. He was still active as a normal person until an accident a few months ago that advanced his deterioration, he is now unfortunately confined to a bed at his mothers. Bob receives disability benefit and Ann will soon receive a carers allowance as she is his 24 hour carer. The wording of the application form is,

"You must provide evidence that your partner is able to adequately maintain you and any dependants in the United Kingdom without recourse to public funds."

Would Ann be in violation of this statement? In the same section, it asks does a relative or friend regularly give you money? In the previous spouse application Bob's Grandad was added as sponsor and I too are willing to be added and provide the relevant evidence. If Ann is in violation of the above statement would mine and Bob's Grandad's contribution cover it (with letter, bank statements etc)? Could myself and Grandad be then listed as an income source?

• The next question is about the sponsor. I think in the last application Bob's Grandad may have been the sole sponsor due to Bob receiving benefit. However, the application seems to suggest that the spouse is the sponsor, would the actual "financial sponsor" be detailed in the covering letter and evidence?

and then,

• In the scenario I've described, both Ann and Bob are living with Bob's Mum, what would count as a shared financial responsibility? Phone bill? When they had their own place together they paid utility bills from a joint account, would I include these?

• In section 6 question 23, it asks what type of ceremony was the wedding, what is meant by this? They married in the village by an elder and then did something in BKK, what would this be described as?

• Ann has two children from a previous relationship, they have never been here and there are no plans for them to come here in the future, do I need to detail them and their father in section 4?

I know it's a lot of questions but my friends case isn't quite straight forward and I would really appreciate any help.

Many Thanks in advance,

D

[ggbc11]

OK, so tragically my friend passed away this week, it happened much quicker than we all thought.

I'm assuming that I now can't apply for a FLR(M) for Ann as the spouse is now deceased. Is the settlement visa the only option?

For what its worth, several family members would like to write letters of support guaranteeing financial support etc. Would making myself the main sponsor (as an un-related friend) be a problem? If so the grandad will be the main sponsor.

Could anyone advise on this please, I don't want to beg but I've only got 2 months to do this, less with the checking of the application, it would be really appreciated.

[RAZZELL]

I believe you use SET"O"

https://contact-ukba.homeoffice.gov.uk/visas-immigration/while-in-uk/bereaved-partners/

https://www.gov.uk/government/publications/application-to-settle-in-the-uk-form-seto

razz

[7by7]

My condolences to your friend's wife, and you.

You will see from form SET(O), which Razz has linked to above, that as she will be applying as a bereaved partner she does not need to complete nor provide evidence of:

• Section 4 Knowledge of Life and Language; therefore she does not now need to pass the LitUK test and B1 in speaking and listening; though she will need to do so at a later date should she wish to apply for British citizenship.
• Section 5 Home and Finances
• Section 6 Immigration History
• Section 9 as this is for those applying under the points based system

Note also that this is a general form; so read Section 11 Documents carefully as she will not need to supply most of them.

[7by7]

Forgot to say that she should apply using SET(O) as soon as is possible; she should not wait until her current LTR expires.

[ggbc11]

Thank you both so much,

I was dreading that she would have to squat up for a couple of weeks to pass the LitUK test.

So evidence wise, I don't need to provide any bank statements if I'm not filling in the finances section? I dont need to provide proof of accommodation from her mother-in-law? Really?! Sounds too easy. Or would it help the application if I provide these anyway?

Could you advise what evidence I would need then?

Thanks again,

[7by7]

She needs to supply those documents specified in Section 11 of the form for a bereaved partner.

That is:-

The relevant documents in 11A

Finances in 11A is a bit ambiguous as it says "Evidence of your finances. If you have to complete section 5, bank statements, building society savings book(s), pay slips or other formal documents as evidence of your ability to maintain and accommodate yourself and any dependants without recourse to public funds"

She doesn't have to complete Section 5; but it does say "Evidence of you finances"!? So I would include her bank statements and, if she works, pay slips. Better, IMHO, to supply something they don't want than to miss out something they do.

Additionally she needs to provide the documents in 11R.

"Your late partner’s death certificate.

Evidence that you and your late partner were living together as a couple from the time you were granted leave to enter or remain in the UK as his or her partner until his or her death, such as letters, bills and other correspondence from official sources addressed to both or each of you at the same address. Please provide as many as you can."

Plus, of course, photographs as specified in Section 8.

Note that all documents should be originals, accompanied by photocopies if she wants the originals back.

Edited March 30, 2014 by 7by7

[ggbc11]

Thanks,