Foreign nationals living in the United Kingdom on various visas, including Family Visas on the Partner and Parent routes, are subject to time limits in line with their permission to live in the UK. This means that you and your dependents are subject to immigration control and do not possess all the rights and responsibilities of British citizens. An important step toward living in the United Kingdom permanently is to apply for Indefinite Leave to Remain. Many applicants lodging an Indefinite Leave to Remain application will do so with Form SET M.
The Indefinite Leave to Remain application with Form SET M is a crucial step in your immigration journey. You will need to take all necessary steps to ensure that your ILR application is approved, as your ability to live indefinitely in the United Kingdom with your family member(s) depends on its approval. This article will outline the requirements to apply for Indefinite Leave to Remain (ILR) in the United Kingdom with Form SET M. It will explain the eligibility criteria, how to apply for ILR with Form SET M, and the application fees associated with this process. This article will also answer commonly asked questions by Indefinite Leave to Remain applicants using Form SET M.
What is Indefinite Leave to Remain?
Indefinite Leave to Remain, also known as ILR, settlement, and permanent residence, is immigration permission to live in the United Kingdom without time limits. ILR grants you the right to live, work, study, and apply for benefits in the United Kingdom. It also provides a route to eligibility for British citizenship if you would like to become a dual national in the future. For many people, having ILR is a crucial part of permanent immigration to the United Kingdom as it secures your immigration status for years to come. As a person on a Family Visa, obtaining Indefinite Leave to Remain provides the legal assurance to continue living with your family member(s) in the United Kingdom indefinitely.
However, it is important to note that your Indefinite Leave to Remain can be revoked under certain circumstances. If you live outside the United Kingdom for more than 2 years at a time, your ILR status can be revoked by the Home Office. Your ILR status can also be revoked if you have been convicted of serious criminal offences or if you demonstrate national security risks. Therefore, many people with Indefinite Leave to Remain later seek to become British citizens when they are eligible to do so. If you are a family member of a British citizen, this is all the more important.
What is Form SET M?
Form SET M is the specific online application used for partners (spouses, civil partners, and unmarried partners) of British citizens and settled persons in the United Kingdom, as well as parents of children who are settled in the United Kingdom. It is used for these individuals to apply for Indefinite Leave to Remain. If you are a spouse, civil partner, unmarried partner, or parent of a British citizen or settled person in the United Kingdom, you should be certain to use Form SET M. You should not use other forms for Indefinite Leave to Remain such as Form SET AF for former members of the UK Armed Forces or Form SET O for various immigration categories ranging from work and business visas to ancestry-based visas.
When is Form SET M used?
Form SET M is used for the online applications of spouses, civil partners, unmarried partners, and parents of British citizens and settled persons in the United Kingdom to apply for Indefinite Leave to Remain. Depending on the visa route you took to live in the United Kingdom, you will use a specific route to apply for Indefinite Leave to Remain. There are many different routes to eligibility for Indefinite Leave to Remain and different types of application forms depending on your specific route, so you will need to select the correct form. If you have lived in the United Kingdom on a family route, you may be eligible for Indefinite Leave to Remain with Form SET M, including the following:
- Family Visa (Partner – Spouse) – This visa permits legal spouses, including same-sex spouses, to come to the United Kingdom and live with their spouse who is a British citizen, a settled person in the United Kingdom, or has refugee status or humanitarian protection status. Your marriage must be legally recognised in the United Kingdom. The Spouse route allows visa holders to work for an employer or on a self-employed basis. It provides a route to settlement.
- Family Visa (Partner – Civil Partner) – This visa permits civil partners, including same-sex civil partners, to come to the United Kingdom and live with their civil partner who is a British citizen, a settled person in the United Kingdom, or has refugee status or humanitarian protection status. Your civil partnership must be legally recognised in the United Kingdom. The Civil Partner route allows visa holders to work for an employer or on a self-employed basis. It provides a route to settlement.
- Family Visa (Partner – Unmarried Partner) – This visa permits couples who have been legally living together in a relationship for at least 2 years at the point of application to live in the United Kingdom as unmarried partners. Your partner must be a British citizen, a settled person in the United Kingdom, or have refugee status or humanitarian protection status. You must be able to provide ample evidence that you have been in a relationship akin to a partnership for at least 2 years. The Unmarried Partner route allows visa holders to work for an employer or on a self-employed basis. It provides a route to settlement.
- Family Visa (Parent) – This visa permits parents of British citizens and settled persons in the United Kingdom to live in the UK and care for their child. You can also apply if your child has lived in the United Kingdom for 7 years continuously without leaving the country. At the point of initial application, your child must have been under the age of 18 or be over the age of 18 and not lead an independent life. You must have sole or shared custody of your child. The Parent route allows visa holders to work for an employer or on a self-employed basis. It provides a route to settlement.
All of the above visa routes will use Form SET M to apply for Indefinite Leave to Remain in the United Kingdom. You will need to select the correct online application form as the first step in your application process.
What are the requirements to apply for Indefinite Leave to Remain with Form SET M?
The requirements for Indefinite Leave to Remain with Form SET M will broadly depend on the specific route under which you are applying. For Family Visas, you may have been assigned the 5-year route to settlement or the 10-year route to settlement if you did not meet the English language requirement or financial requirement at some point throughout the visa process in the United Kingdom. These applications are known as the Family Life and Private Life routes of the Family Visa category. Only the Family Life route can use Form SET M, however. Please note that any time on a Fiancé(e) or Proposed Civil Partner Visa, or any other visa category, cannot be included to calculate the time requirement for Indefinite Leave to Remain.
The most important requirement for your Indefinite Leave to Remain application is that you have lived in the United Kingdom for the correct amount of time for your relevant immigration category:
- If you have a Family Visa (Partner – Spouse), you can apply after 5 years in the UK
- If you have a Family Visa (Partner – Civil Partner), you can apply after 5 years in the UK
- If you have a Family Visa (Partner – Unmarried Partner), you can apply after 5 years in the UK
- If you have a Family Visa (Parent), you can apply after 5 years in the UK
- If you have a Further Leave to Remain (Family Life) Visa, you can apply after 10 years in the UK. You can include the time you have spent on the 5-year route and the 10-year route to count towards your 10 years of continuous residence in the UK.
If you apply for Indefinite Leave to Remain before the required period for your immigration route, your application will be rejected by the Home Office. The earliest you can apply for Indefinite Leave to Remain is 28 days before you meet the time requirements for the minimum amount of time to live in the United Kingdom. You should take all possible steps to ensure that you do not submit your application before you are eligible to ensure your immigration status in the United Kingdom indefinitely. You will also need to meet the eligibility requirements in line with your relevant Indefinite Leave to Remain route at the point of submitting Form SET M.
What are the eligibility criteria for Indefinite Leave to Remain with Form SET M?
The eligibility criteria for Indefinite Leave to Remain will broadly depend on the specific route under which you are applying. However, there are broad eligibility requirements that you will need to demonstrate in your Form SET M application and supporting evidence:
- You are required to have maintained continuous and lawful residence in the United Kingdom throughout the qualifying period of 5-years or 10-years, according to your route
- You must not have been absent from the United Kingdom for more than 180 days within any given 12-month period – please note that this requirement does not apply to individuals on Spouse and Civil Partner routes of the Family Visa
- You must continue to meet the Minimum Income Requirement of £18,600 per year. For families with children, this amount increases with every child – please note that this requirement does not apply to individuals on the 10-year Family Life route
- You must meet the English language requirement by demonstrating that you speak and listen at least at the Common European Framework of Languages (CEFR) B1 level – this can be demonstrated by taking an English language test at a certified test centre, being a national of a majority English speaking country, or by having a degree-level or higher qualification from a recognised English language university. Individuals who are under the age of 18 or over the age of 65, or have significant physical or mental health conditions are also exempt. Individuals on the 10-year Family Life route may also be exempt from the English language requirement
- You must have passed the Life in the UK Test. Individuals who are under the age of 18 or over the age of 65, or have significant physical or mental health conditions are exempt. Individuals on the 10-year Family Life route may also be exempt from the Life in the UK Test requirement
- You must demonstrate that your application adheres to the General Grounds for Refusal. If you have any criminal convictions or have broken the conditions of your immigration status whilst in the United Kingdom, you must disclose these on the Form SET M application form
For specific eligibility requirements based on your family’s circumstances, please see the Home Office website or consult a specialist immigration solicitor.
How do I fill out Form SET M for Indefinite Leave to Remain?
It is critical that you correctly fill out the Indefinite Leave to Remain application form. Before beginning the application, you will need to determine which of the ILR application forms is correct for your application. Once you have selected Form SET M, you should provide an email address and begin the online application form.
First, you will need to enter all required personal details on the Form SET M application. You should pay close attention to ensure that your details are correct, including passport numbers, phone numbers, and home addresses. You will need to include details about your family members, and particularly your sponsoring or dependent family member(s) in the United Kingdom information as well at this point. You will also need to correctly identify the immigration route you are on.
Next, you will need to demonstrate that you meet the requirements for Indefinite Leave to Remain in the United Kingdom on the Form SET M application. You will need to fill out sections related to your knowledge of the English language and the Life in the UK Test, if required, information about your accommodation and financial arrangements including the Minimum Income Requirement, details on your immigration history, and personal history information such as criminal convictions, penalties, and cultural and family ties in your home country. If you do not provide accurate information related to your personal history, your application can be rejected outright.
At the end of the application, you will be asked to provide details about your current Leave to Remain in the United Kingdom, such as information about your Biometric Residence Permit and reasons for remaining in the UK indefinitely. You should include all reasons related to your family life and support network in the United Kingdom. You will then be asked to confirm all information, consent to provide the required supporting documents, and pay the relevant application fee. The online application component of Form SET M is now complete.
After paying the application fee, you will need to upload all supporting documentation. You will also be required to either attend a biometrics enrolment appointment at a UK Visa and Citizen Application Services (UKVCAS) appointment centre or use the UK Immigration: ID Check application. Once you have enrolled your biometric information, your Indefinite Leave to Remain application is officially and fully submitted to the Home Office for consideration.
Generally, you should receive a decision on your Indefinite Leave to Remain application within 6 months if you opt for the standard processing service. If you pay for Priority or Super Priority, you will get a faster decision. If your application is approved, you will receive the decision in an email. If your application is refused, you will receive the decision in a letter through the post.
What supporting documentation do I need to apply for Indefinite Leave to Remain with Form SET M?
The specific supporting documents required for your Indefinite Leave to Remain application will depend on your personal and family circumstances. However, you may need to provide the following types of documents:
- Your current Biometric Residence Permit (BRP)
- Your valid passport or Home Office Travel Document
- The passport(s) and BRP(s) of all dependents
- Information about any absences from the United Kingdom within the relevant qualifying period
- National identity cards
- Proof of passing the Life in the UK Test
- Proof of your English language proficiency
- Information about your current accommodation, such as tenancy agreements, mortgage statements, and Council Tax letters
- Bank statements including information about the Minimum Income Requirement
- Financial documents including information about the Minimum Income Requirement
- Marriage certificates
- Information about any past divorces
- Birth certificates of dependent children
- Correspondence documents to your accommodation, such as utility bills
- Police registration certificates
Please note that all documents provided must be in English, Welsh, or Scottish Gaelic. If your documents are not in these three languages, you will need to provide official translations of each document as well as the original versions.
The specific documents required for your personal and family circumstances will be outlined on your Document Checklist. This checklist is provided at the end of your online application form once you have paid the application fee. You will need to bring this Document Checklist with you to a biometrics appointment if required.
What is the application fee for Indefinite Leave to Remain with Form SET M?
As of 6 April 2022, the application fee for Indefinite Leave to Remain with Form SET M is £2,404 per person. If you are applying with dependent children, every person in your family will be charged £2,404. All application fees are payable at the end of the online Form SET M application form. Your Indefinite Leave to Remain application will not be officially submitted until you have paid the application fee. If you cannot afford the fees, you may be able to submit a Fee Waiver application before submitting your Indefinite Leave to Remain application. If the Fee Waiver application is granted, you can submit your Indefinite Leave to Remain application for free.
You may also be able to purchase expedited processing for your Indefinite Leave to Remain application with Form SET M. It costs an extra £500 per person to get a faster decision through Priority Service, usually within five working days. It costs an extra £800 per person to get a faster decision through the Super Priority Service, usually within one working day.
When can I apply for British citizenship after being granted Indefinite Leave to Remain with Form SET M?
Once your Indefinite Leave to Remain application has been granted with Form SET M, spouses and civil partners of British citizens can apply to naturalise as a British citizen immediately. All other individuals can apply to naturalise as a British citizen after 12 months of having Indefinite Leave to Remain.
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing & Content Agency for the Professional Services Sector.
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- Gill Lainghttps://www.xpats.io/author/editor/