Get the legal form you need right now

Application for indefinite leave for a spouse to remain in the United Kingdom

This is an application for indefinite leave to remain in the United Kingdom as the spouse or unmarried partner of person present and settled in the United Kingdom. The form provided here is simply a sample of what the actual Form SET(M) looks like.

Form SET(M)

Application for indefinite leave to remain in the United Kingdom as the spouse (husband or wife) or unmarried partner of a person present and settled in the UK

Section 1 - About the Applicant

• Tell us your:

1.1 Full Name _____________________________

1.2 Family name _____________________________

1.3 Nationality _____________________________

1.4 Date of Birth (e.g. 01/Jan/1999) _____________________________

1.5 Name at birth if different, and any other names by which you have been known _____________________________

1.6 Full address where you live in the UK (Please let us know if this changes) _____________________________

Postcode: _____________________________

• You do not have to provide the information requested in questions 1.7 to 1.10. But if you do, it will help us to process your application.

1.7 Your title

Mr. ____ Mrs. ____ Miss ____ Ms ____ Other: _________________

Name you want to be known by if different from that in 1.1 __________________________

1.8 Your daytime telephone number (if you have one but not mobile numbers)

1.9 Your Home Office reference number if you have one (normally a letter followed by several numbers e.g. A999999 ) __________________________

1.10 The address to which you would like us to return your passport(s)/documents and send any correspondence about your application if different from that in 1.6 (Please let us know of any change of address or representative)

__________________________

__________________________

Postcode: _____________________________

Section 2 - Basis of Application

• Tell us, by placing a tick in the appropriate box, whether you are applying as a spouse or an unmarried partner. You must tick one box only.

____ As the spouse of a person present and settled in the UK

____ As the unmarried partner of a person present and settled in the UK

• Now complete Sections 3-8

Section 3 - Your Spouse or Unmarried Partner

• Give us the following details about your spouse or unmarried partner.

3.1 Full name _____________________________

3.2 Family name _____________________________

3.3 His/her name at birth if different, and any other names by which he/she has been known _____________________________

3.4 Nationality _____________________________

3.5 His/her date of birth _____________________________

3.6 How long has he/she lived in the UK? ______________________

Section 4 - Dependent Children

4.1 Do you or your spouse or partner have any children from your marriage or relationship, or from previous relationships who are dependent on you or your spouse or partner? Yes ____ No ____

If you have answered yes to question 4.1 you must provide the information requested in the table below. If more than six children fall within this description please continue in the same format on a separate sheet and submit it with your application.

First Child

Full Name _____________________________

Nationality _____________________________

Date of Birth (e.g. 01/Jan/1999) _____________________________

Relationship to applicant _____________________________

Relationship to applicant's spouse or partner __________________

Doe they live with you in the U.K.? Yes ____ No ____

Who pays for their support? _____________________________

Is the child applying for indefinite leave to remain in the UK with you? Yes ____ No ____


Second Child

Full Name _____________________________

Nationality _____________________________

Date of Birth (e.g. 01/Jan/1999) _____________________________

Relationship to applicant _____________________________

Relationship to applicant's spouse or partner ___________________

Doe they live with you in the U.K.? Yes ____ No ____

Who pays for their support? _____________________________

Is the child applying for indefinite leave to remain in the UK with you? Yes ____ No ____

Third Child

Full Name _____________________________

Nationality _____________________________

Date of Birth (e.g. 01/Jan/1999) _____________________________

Relationship to applicant _____________________________

Relationship to applicant's spouse or partner _____________________

Doe they live with you in the UK? Yes ____ No ____

Who pays for their support? _____________________________

Is the child applying for indefinite leave to remain in the UK with you? Yes ____ No ____

Section 5 - Your Finances

5.1 Are you working in the UK? Yes ____ No ____

If you have answered yes to question 5.1, what is your net pay each month? £______________

5.2 Is your spouse or partner working in the UK? Yes ____ No ____

If you have answered yes to question 5.2, what is his/her net pay each month? £______________

5.3 Are you receiving any public funds (see Note 1)? Yes ____ No ____

5.4 Is your spouse or partner receiving any public funds (see Note 1)? Yes ____ No ____

Note 1: Under the Immigration Rules, "public funds" includes the following:

Housing and homelessness assistance, attendance allowance, severe disablement allowance, invalid care allowance, disability living allowance, income support, working families' tax credit, disabled person's tax credit, a social fund payment, council tax benefit, child benefit, income-based job seekers allowance and housing benefit.

A British Citizen or a person settled in the United Kingdom is entitled to claim benefits in their own right. If your sponsor is claiming benefits that he or she is entitled to, your application will not be affected unless your sponsor claims additional benefits as a result of your arrival in the UK.

Although child benefit is included in the list of public funds, if your claim to child benefit began before 7th October 1996 we will not consider that you have had recourse to public funds, if this is the only benefit that you are receiving.

If you have answered yes to question 5.3, which of these are you receiving? __________________________

If you have answered yes to question 5.4, which of these is your spouse or partner receiving? __________________________

Section 6 - Additional Question(s)

6.1 Have you received a prison sentence in the UK or elsewhere? Yes ____ No ____

If you have answered yes to question 6.1, give details as required below for each prison sentence if more than one.

First Sentence

Nature of offence __________________________

Date sentenced __________________________

Length of sentence __________________________

Country were sentenced __________________________


Second Sentence

Nature of offence __________________________

Date sentenced __________________________

Length of sentence __________________________

Country were sentenced __________________________


Third Sentence

Nature of offence __________________________

Date sentenced __________________________

Length of sentence __________________________

Country were sentenced __________________________

Section 7 - Documentary Evidence

• You must provide all the documents and photographs listed below. It would be helpful if all photographs could be stapled to page 3 of the form in the space provided. If you are unable to provide any of the documents with this form you must give a satisfactory explanation and a reasonable timescale for their submission.

• All documents must be originals or certified photocopies. Certified photocopies of documents must be certified as true copies by the issuing authority (such as a photocopy of a building society passbook that has been certified by a branch of the building society).

• It would be helpful if you could place a tick next to the relevant items to show which documents you are sending.

- A recent passport sized photograph of yourself if you are aged 16 or over, with your name written on the back of the photograph.

- A recent passport sized photograph of each dependant aged 16 or over who is applying for indefinite leave to remain in the UK with you (see question 4.1), with each dependant's name written on the back of the photograph.

- Your unexpired passport or travel document.

- Unexpired passport(s) or travel document(s) for each dependant who is applying for indefinite leave to remain in the UK with you (see question 4.1).

- Passport(s) for your sponsor(s) in the UK.

- Documentary evidence showing that your spouse or partner is present and settled in the UK (see Note 2).

Note 2: The document(s) must be either:
(a) Your spouse or partner's current passport or travel document; or

(b) if your spouse or partner does not have a current passport or travel document, other formal documents establishing that he/she is present and settled in the UK. If your spouse or partner is a British citizen without a passport, his/her full birth certificate (showing the parents' names) should be provided. This must be accompanied by at least one other formal document showing ordinary residence in the UK for the last three years. For example, any one of the following may be provided:

I). Notice of income tax coding
II). Driving licence
III). Building society passbook/ bank statement
IV). National Insurance/ National Health Service registration issued by the Department of Health, Department of Social Security, or a local health authority.

List any such enclosures: __________________________

- A document (or documents) showing that you have the financial resources to maintain and accommodate yourself and any dependants without recourse to public funds. The document(s) must be formal documents such as bank statements, a building society passbook, or wage slips for you and/or your spouse or partner. Please do not send us cheques, travellers cheques or credit cards. If a relative or friend is supporting you, then you may provide a letter from him/her confirming this together with formal documents showing his/her financial resources (see Note 3).

Note 3: We are unlikely to grant your application unless the documents establishing the financial resources available to you cover the last three months.

- Documentary evidence showing that your marriage or relationship subsists (see Note 4).

Note 4: You must provide evidence that your marriage or relationship subsists in the form of documents showing that you and your spouse or partner live together.

If you are applying as a spouse, we would, for example, normally accept that your marriage subsists if you provide five items of correspondence addressed to you and your spouse from the sources listed below during the past year if they clearly show that you live together at the same address. If you have not received any such correspondence that is addressed to you and your spouse jointly, it is acceptable to provide 3 or 4 items addressed to one of you and 1 or 2 items addressed to the other partner so long as they show the same address.

If you are applying as an unmarried partner, we would normally accept the same sort of evidence but it should cover each of the past 2 years (ie five items of correspondence for each of the past 2 years - a total of 10 items in all).

(a) British Telecom, or other telecommunications company
(b) British Gas, or other gas company
(c) Electricity company
(d) Water company
(e) Local authority
(f) Local social services department
(g) Local health authority
(h) Department of Health
(i) Benefits Agency
(j) Inland Revenue
(k) Bank / building society
(l) Employment service
(m) Credit card statements of account
(n) Insurance certificates complete with address
o) Mortgage agreement / tenancy agreement

You and your spouse or partner must now complete Section 8

Section 8 - What To Do Now

If you are applying as a spouse:

• You and your spouse must now read the declarations below and sign them. They must be signed by the applicant and spouse personally and not by a representative or other person acting on their behalf.

• By the applicant:

I hereby apply for indefinite leave to remain in the UK for myself, and any dependent children listed in this form, on the basis of my marriage to the person who has signed the declaration below. I declare that we are still married, that we are living together as husband and wife and intend to do so permanently. The information I have given is complete and is true to the best of my knowledge. I also declare that the photograph(s) submitted with this form is/are a true likeness of myself, my spouse and any dependants included in the application, as named on the back of each photograph.

I confirm that if, before this application is decided, there is a material change in my circumstances or new information relevant to this application becomes available, I will inform the Home Office.

I understand that all information given by me will be treated in confidence but may be disclosed to other government departments, agencies, local authorities and other bodies to enable them to carry out their functions.

I am aware that it is an offence under the Immigration Act 1971, as amended by the Immigration and Asylum Act 1999, to make to a person acting in execution of the Act a statement or representation which the maker knows to be false or does not believe to be true, and to obtain or seek to obtain leave to remain in the United Kingdom by means which include deception.

Signed: ___________________________________

Date: ______________________________

By the applicant's husband or wife:

I confirm that I am the husband/wife of the applicant. I declare that we are still married, that we are living together as husband and wife and intend to do so permanently.

I am aware that it is an offence under the Immigration Act 1971, as amended by the Immigration and Asylum Act 1999, to make to a person acting in execution of the Act a statement or representation which the maker knows to be false or does not believe to be true, or to obtain or to seek to obtain leave to remain in the United Kingdom by means which include deception.

If you are applying as an unmarried partner:

• You and your partner must now read the declarations below and sign them. They must be signed by the applicant and partner personally and not by a representative or other person acting on their behalf.

• By the applicant:

I hereby apply for indefinite leave to remain in the UK for myself, and any dependent children listed in this form, on the basis of my relationship with the person who has signed the declaration below. I declare that we are still living together in a relationship akin to marriage and that we intend to do so permanently. The information I have given is complete and is true to the best of my knowledge. I also declare that the photograph(s) submitted with this form is/are a true likeness of myself, my partner and any dependants included in the application, as named on the back of each photograph.

I confirm that if, before this application is decided, there is a material change in my circumstances or new information relevant to this application becomes available I will inform the Home Office.

I understand that all information given by me will be treated in confidence but may be disclosed to other government departments, agencies, local authorities and other bodies to enable them to carry out their functions.

I am aware that it is an offence under the Immigration Act 1971, as amended by the Immigration and Asylum Act 1999, to make to a person acting in execution of the Act a statement or representation which the maker knows to be false or does not believe to be true or to obtain or to seek to obtain leave to remain in the United Kingdom by means which include deception.

Signed: ___________________________________

Date: ______________________________

By the applicant's partner:

I confirm that I am the partner of the applicant. I declare that we are still living together in a relationship akin to marriage and that we intend to do so permanently.

I am aware that it is an offence under the Immigration Act 1971, as amended by the Immigration and Asylum Act 1999, to make to a person acting in execution of the Act a statement or representation which the maker knows to be false or does not believe to be true or to obtain or to seek to obtain leave to remain in the United Kingdom by means which include deception.

Signed _______________________

Date _______________________


FOR OFFICIAL USE ONLY

Certificate

I certify that this document, apart from this certificate, is an undertaking given in pursuance of the Immigration Rules within the meaning of the Immigration Act 1971, as amended by the Immigration and Asylum Act 1999.


Signed by_____________________________, being a person authorised to make this certificate on behalf of the Secretary of State.

Signature: ________________________

Personalised date stamp:


-----------------------------
INSTRUCTIONS FOR FILLING OUT THIS FORM
-----------------------------

For which types of application must you use this form?

Only to apply for indefinite leave to remain in one of the categories listed on page 4 of this form. To make such an application, you must have completed, or be nearing completion of, leave to enter or remain for 12 months (as the spouse) or 2 years (as the unmarried partner) of a person present and settled in UK. If you have not been given such leave and now wish to apply for an extension of stay on either basis, you must use form FLR(M).

What you must do for your application to be valid

• Complete all sections of this form, if it is appropriate for your application, answering all the questions, providing all the information and completing, or ticking where appropriate, all the boxes that apply to you. If you are completing the form by hand it would be helpful if you could write in BLOCK letters and in black ink.

• Provide all the documents and photographs specified in Section 7 of this form. All documents must be originals or photocopies certified as true copies by the issuing authority (such as a photocopy of a building society passbook certified by a branch of the building society).

• Give a satisfactory explanation if you are unable at present to provide any of the documents or photographs with this form, and a reasonable timescale for their submission.

• Sign and date Section 8 as specified.

An invalid application will be returned to you or your representative, reducing the time available to make a valid application before your current leave to enter or remain runs out. To help avoid this, use the checklist on page 12.

Posting your application

Post the completed form to:

Initial Consideration Unit - SET(M)
Immigration and Nationality Directorate
Lunar House, 40 Wellesley Road,
Croydon, CR9 2BY

It is in your interests to apply 4-5 weeks before the last day of your leave to be in the UK. If you apply earlier than that, please note that your application may be delayed or refused if you are applying in a category that requires a specified period of time to be completed in order to qualify for further leave to remain. Recorded Delivery post helps us to record the receipt of your application; we recommend that you use it.

How to obtain another form

By telephoning the Application Forms Unit on 0870 241 0645. This number is for application form requests only. For any other enquiries or assistance, the telephone number is 0870 606 7766. You can also download application forms from the following Home Office website:

https://www.ind.homeoffice.gov.uk

How long will it take to process your application?

In the first 3 months of 2002, the initial consideration of new applications took 6 weeks on average. We are working hard to reduce this to 3 weeks or less. For current processing times, please see the information sheet enclosed with this form if you received it from the Application Forms Unit; or the "making an application" page on the Home Office website if you have access to the internet (see address on the front page). We aim to decide most cases (at least 65%) on initial consideration. But if your case needs further consideration or enquiries, we will send you a letter informing you of this and telling you how long it may take. Any further enquiries needed could include visits by the Immigration Service.
How will your passport (s) and other documents be returned?

Croydon and regional Public Enquiry Offices

If your application is urgent you may take it to the Public Enquiry Office (PEO), Lunar House, 40 Wellesley Road, Croydon (opening hours 9.00 to 4.00 Monday to Friday, excluding public holidays). If possible, PEO will complete a straightforward application with all necessary supporting documents/evidence on the day of your visit. If not, the application may be taken in for completion by post. Please note that PEO will not deal with your application if it is made more than 4 weeks before the last day of your leave to enter or remain. PEO accommodation is limited, so only applicants and any family members included in the application will be allowed into the building. Interpreters are available. PEO deals only with personal callers. It does not deal with third parties (e.g., advisers or representatives).

There are also 3 regional Public Enquiry Offices for personal callers only. Details are given below. The telephone numbers usually give only general information in a recorded message; they will not normally be able to advise you on whether your particular application can be dealt with by the PEO concerned.

Glasgow
Immigration Office
Festival Court
200 Brand Street
Govan
Glasgow
G51 1AR
Monday to Friday
9.30am to 12.30pm
2pm to 4pm
Tel: 0141 419 1256

Liverpool
Immigration Office
Reliance House
20 Water Street
Liverpool
L2 8XU
Monday to Friday
9.00am to 4.00pm
Tel: 0151 237 0473

Birmingham
Immigration Office
Dominion Court
41 Station Road
Solihull
Birmingham
B91 3RT
Monday to Friday
9am to 3pm Tel: 0121 606 7345

Immigration advisers

This form is designed to enable you to make your own application. If you consider it necessary to seek advice in completing it or in dealing with any other aspect of your application, you should take care when choosing an adviser. The Office of the Immigration Services Commissioner (OISC) regulates immigration advisers. Generally, only solicitors, barristers and legal executives who hold a practising certificate do not need OISC authorisation. Anyone else could be committing a criminal offence if they act on your behalf without being OISC authorised or otherwise exempted. If your adviser is not a solicitor, barrister or legal executive you should ask if they are OISC authorised. A list of OISC authorised advisers is on their website at www.oisc.gov.uk which has links to websites for solicitors, barristers and legal executives. To complain about an immigration adviser, call the OISC (tel 0845 000 0046 - calls charged at local rate) or write to OISC, 6th Floor, Fleetbank House, 2-6 Salisbury Square, London EC4Y 8JX.

Checklist for application form SET(M)

Please make the following checks before sending off your application. They should help to ensure that your application is valid.

• Are you sure that form SET(M) is the right form for your application? See Section 2 (page 4).

• Is the form still valid? See the date on the front page.

• Have you completed all applicable sections of the form correctly as specified?

• Have you provided the following documents specified in Section 7 (pages 7-9)?

- unexpired passport(s) or travel document(s) and photograph(s)
- police registration certificate(s) (if applicable)
- evidence of financial resources
- and any other documentary evidence specified in Section 6 which is required for your particular application

• If you are unable at present to provide any of the documents or photographs specified in Section 7, have you given an explanation and said when you will be able to provide them?

• Have you and your spouse or unmarried partner signed and dated and declarations in Section 8 of the form (page 10 or 11)?

Now make sure that you send the application to the correct address:

Initial Consideration Unit - SET(M)
Immigration and Nationality Directorate
Lunar House
40 Wellesley Road
Croydon CR9 2BY

Legal Forms Categories

Recently Added Forms

Library Of Legal Forms