ILR on 5 year route from July 2017.

[Tanoshi]

I've been looking for a document checklist for those who from this month will start to apply for ILR on the 5 year route as the partner of a British citizen.

 

Even Form SET M appears outdate (version 4/17), still referencing documents required on the 2 year route.

Elsewhere I read the UKVI will update the information nearer the time, but their leaving it very late.

 

Any updated information would be welcome. 

[7by7]

All the guidance I have found says the same; that the guidance will be updated nearer the time! They're certainly cutting it close!

 

But basically you will need the same evidence as for FLR, only up dated. Including evidence that you meet the financial requirement.

 

[Tanoshi]

Thanks 7by7.

 

I'm enquiring on behalf of a friend who's wife is due to apply for ILR in September.

He was recently diagnosed with terminal cancer and receiving treatment which leaves him feeling very lethargic.

Worrying about getting his wife's ILR before he becomes incapacitated doesn't help his situation.

He is attempting to prepare everything he can whilst he's able.

 

She has the required proof of language and Life in the UK documents.

He has more than sufficient funds to meet the financial requirements, the question is will they want the full 5 years of proof, or only from when they received FLR.

Again, Evidence of Cohabitation. Will this still be the same selection of documents taken from the full 5 years period, or just from when FLR was granted.

 

They are leaving it very late to update the specific document requirements for the 5 year route.

Edited June 12, 2017 by Tanoshi
Typo error

[Trevor1809]

Surely under the circumstances there should be grounds to grant and ILR on compassionate grounds bypassing all the language and earnings requirements. Mind you we are talking about the nasty party joining forces with the even nastier party.

[Tanoshi]

If he deceased before her ILR application, she would be granted ILR on compassionate grounds.

His life expectancy is 6-12 months.

 

The financial and language requirements aren't the problem, it's his failing health and the inability to prepare the application without full guidance from the UKVI. At the moment he has good days and days he's completely incoherent.

[bobrussell]

If the applicant meets all the criteria then there is nothing to prevent the application being placed as is. There is nothing wrong with requesting this be processed as a priority on compassionate grounds. Provide some documentation regarding the illness if appropriate.

 

My sister in law had her ILR processed within a week. This was a domestic abuse situation. They were really good and could not have been more helpful!

[Tanoshi]

Thanks Bob, been down that line and they weren't very helpful.

 

Because of the situation they said he could apply now (although the guidance on documentation isn't clear) and it would be considered on compassionate grounds, however if refused the fee isn't refundable, but he could apply again in September, paying the full fee again.

 

They appear to be in an interim period of change and not prepared to give definitive answers.

Bad timing and bad luck.

[7by7]

18 hours ago, Tanoshi said:

He has more than sufficient funds to meet the financial requirements, the question is will they want the full 5 years of proof, or only from when they received FLR.

The evidence required and the period it covers is dependent upon how they will be meeting the financial requirement.

 

For example, if meeting the requirement via cash savings then evidence that the funds have been in the ownership and under the control of the applicant, their partner or both jointly for at least the period of 6 months prior to the date of application.

 

See the financial appendix and the specified evidence appendix.

 

18 hours ago, Tanoshi said:

Again, Evidence of Cohabitation. Will this still be the same selection of documents taken from the full 5 years period, or just from when FLR was granted.

 

On ‎12‎/‎06‎/‎2017 at 6:04 AM, Tanoshi said:

Form SET M appears outdate (version 4/17),

An updated version (6/2017) which covers both the old 2 year route and the 5 year route has now appeared

 

In section 12,  Documents, under evidence of cohabitation it says

Quote

Documents addressed to you and your partner at the same address as evidence that you have been living together continuously since your last grant of leave in this category. See Note 8.

So they only need documents covering the period since she was granted FLR.

[Tanoshi]

1 hour ago, 7by7 said:

The evidence required and the period it covers is dependent upon how they will be meeting the financial requirement.

 

For example, if meeting the requirement via cash savings then evidence that the funds have been in the ownership and under the control of the applicant, their partner or both jointly for at least the period of 6 months prior to the date of application.

 

See the financial appendix and the specified evidence appendix.

 

 

An updated version (6/2017) which covers both the old 2 year route and the 5 year route has now appeared

 

In section 12,  Documents, under evidence of cohabitation it says

So they only need documents covering the period since she was granted FLR.

Thank you 7by7.

They updated Form set(M) to version 6/2017 later in the day after first posting.

How ironic.

[bobrussell]

22 hours ago, Tanoshi said:

Thanks Bob, been down that line and they weren't very helpful.

 

Because of the situation they said he could apply now (although the guidance on documentation isn't clear) and it would be considered on compassionate grounds, however if refused the fee isn't refundable, but he could apply again in September, paying the full fee again.

 

They appear to be in an interim period of change and not prepared to give definitive answers.

Bad timing and bad luck.

Unfortunately they will never give a clear answer at this stage! Until a decision is reached based on paper evidence then no decision can be made! A bit of a catch 22 situation.

The saving grace (if there is one in such circumstances) is that a widow or widower will be granted ILR almost automatically on receipt of a death certificate. No language requirements or financial information needed. Guidance makes it clear that extensive questioning is inappropriate in these situations and the assumption is to be made in favour of the applicant. This applies even if the applicant has just arrived in the UK.

My advice would be to prepare the application for September but use the compassionate grounds route if it becomes more appropriate.

 

[7by7]

20 hours ago, bobrussell said:

My advice would be to prepare the application for September but use the compassionate grounds route if it becomes more appropriate

 The 'compassionate grounds' route would only become more appropriate if her husband dies before her current leave to remain expires. You can apply as the partner of a British citizen or person settled in the UK who has died

Quote

When to apply

You can do this immediately after your partner’s death. You don’t have to wait until your current visa expires.

 

Were this to happen, then she should apply using Form SET(O), not SET(M). It's a longer form, as it covers various different options; many of which don't apply to a bereaved partner.

[Tanoshi]

When my friends wife applied for FLR she was refused based on Financial evidence.

He was insistent he submitted all bank statements, they said there were non.

 

Long story short, they appealed and waited 10 months for a Tribunal hearing.

He has just informed me they issued her a Residency Permit valid until September 2018.

 

The question is can she still apply for ILR after the 5 year period is up in Sept 2017, or does she now have to wait until Sept 2018.

Because of his life expectancy, this fact could change everything.

[7by7]

She can apply for ILR once she has lived in the UK for 5 years, even if her current leave to remain has not expired.

 

Alternatively, she can wait until her current leave expires in September 2018 and apply then. If the worst happens and her husband dies before then, she can apply immediately as a bereaved partner.

[Tanoshi]

Many thanks for the clarification 7by7.