[jiji bakari]

Hi,

Do we know when the application form for settlement for the 5 years family route is going to be available?

Thank you for. Your help in advance

Regards

 

[Joppa]

Well, the first group of applicants following the 2012 revision will be due for ILR from July 2017, so I'd assume it will be available around that time, or in June as you can apply up to 28 days before.

 

[londonjr]

Does the 5 years start from the grant date of the first 2.5 year stint? Or is it witihn 28 days of expiry of the second stint? The processing for the second stint took around 3 months in our case so does processing time count towards the 5 years?

 

[Gin from GA]

ILR after 5 years

Well, the first group of applicants following the 2012 revision will be due for ILR from July 2017, so I'd assume it will be available around that time, or in June as you can apply up to 28 days before.

The .gov website is confusing; I am eligible to apply for ILR now (visa expires on 2 July. Do I use form SET(M)?

 

[Whatshouldwedo]

Just had a look and SET(M) appears to be only for those on the 2-year route. I would have expected them to bring out a new form by now for those applying on the 5-year route.

 

[Joppa]

The new rules came in on 9th July 2012 for those who applied on and after that date, so the first issue of visa in the 5-year route must be around middle to end of July 2012, though I remember visa offices were very busy processing earlier applications so most 5-year route visas were issued in August onwards. Provided they entered UK on the valid from date, the earliest they can apply for settlement is middle to late June 2017. So the new form must be imminent, in the next week or so. Or not till July.

 

[Mark965]

There doesn't seem to be any information regarding financial requirements for ILR application after completing the 5 year spouse route, we all know the £18,500 income which can be supplemented with savings over £16,000 using a formula based around the 30 month FLR visa.

I'm sure this will be come clear when the form is available but as it will be asking for info going back 6 months surly we should know now to make preparations.

 

[Joppa]

Financial requirement for ILR is detailed in Appendix FM1.7:
Income requirement is still the same at £18,600 with no non-EEA dependant.
For savings, you can use the whole amount above £16,000 (no need to divide by 2.5).

 

[Joppa]

Found the following reply to FOI request, dated 1st June 2017:

Thank you for your e-mail of 9 May, in which you ask for the publication of full updated guidance, immigration directorate instructions and SET(M) form for settlement applications under the new family Immigration Rules. Your request has been handled as a request for information under the Freedom of Information Act 2000.

I can confirm that the Home Office holds the information that you have requested. However, after careful consideration we have decided that the information is exempt from disclosure under section 22 of the Freedom of Information Act. The information that you have requested is not currently in the public domain. Section 22 exempts us from having to provide you with this information because it is planned to make it publicly available in due course.

Arguments for and against disclosure in terms of the public interest, with the reasons for our conclusion, are set out in the attached Annex.

In the meantime, the requested information is progressing through a planned timetable of internal review prior to its public release on GOV.UK here: www.homeoffice.gov.uk.

https://www.whatdotheyknow.com/request/405689/response/986121/attach/3/Response FOI 43884.pdf

So it looks like they will release the new information, new form and guidance, but at the time of Home Office's own choosing.

 

[Mark965]

Thanks Joppa for the info, not needing to divide by 2.5, I cannot find this in Appendix FM1.7 do you know section number.

BTW
I don't understand the wait, would there not be a about 3 year gap after the 2 year route ended and the 5 year settlement route begins, so plenty of time to see what is exactly needed on the form.

 

[Joppa]

7.2.3. At the indefinite leave to remain stage, the whole of the amount above £16,000 can be used. And the following equation is to be used:

(x minus 16,000) = y

https://www.gov.uk/government/uploa...708/Appendix_FM_1_7_Financial_Requirement.pdf Page 47

Generally, yes, but some people were still under the old rules if, for example, they were initially denied but approved after an appeal, which could take several years if they had to go to a further appeal to Upper Tribunal. Then there are those who could apply for settlement in less than 5 years, such as the bereaved and victims of domestic violence.

 

[Mark965]

Thanks for your help, I see it now, I read the whole document and did a search for key words but could not find.

Anyway thanks a gain, maybe the guide for the new form will make this more clear when it is eventually is realised.

 

[jiji bakari]

Still no sign of the new application form. Not sure what are they waiting for.

 

[mo89uk]

it is available but couple of questions is causing me confusion

setm form has been updated as of june 12 please check again.

 

[jiji bakari]

I just downloaded it. Thank you.

https://www.gov.uk/government/uploa...chment_data/file/618245/set_m_-form-06-17.pdf

What are the questions confusing you ?

 

[mo89uk]

Section 12 Documents

Specified evidence of meeting the relevant financial requirement and evidence of your finances including: Bank
statements, building society savings books, pay slips or other formal documents as evidence of your and, if you are
applying as a partner, your partner’s ability to maintain and accommodate yourselves and any dependants without
recourse to public funds. See note 6.

Official documentation confirming receipt of public
funds (including the amounts paid) and corresponding
bank account/building society statements showing
receipt of public funds

I was unsure wether to tick it or leave it blank