Form Set (O) for UK ILR

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Foreign nationals living in the United Kingdom on various visas, including Skilled Worker Visas, Tier 1 Visas, and UK Ancestry Visas, are subject to time limits in line with their permission to live in the four nations. 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 O.

The Indefinite Leave to Remain application with Form SET O 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 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 O. It will explain the eligibility criteria, how to apply for ILR with Form Set O, 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 O.

 

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.

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.

 

What is Form SET O?

Form SET O is the specific online application used for various immigration categories. It is a form that does not align with one category of applicants, such as Form SET AF for former members of the UK Armed Forces or Form SET M for individuals married to or in a civil partnership with British citizens and settled persons in the United Kingdom.

 

When is Form SET O used?

Form SET O is used for the online application for various immigration categories. Depending on the visa route you took to live in the United Kingdom, you will apply for 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 specified route, so you will need to select the correct form. If you have worked in the United Kingdom on various work visa routes and other immigration categories, you may be eligible to apply for Indefinite Leave to Remain with Form SET(O), including the following:

Skilled Worker Visa

This visa permits individuals to come to the United Kingdom to do a specific job with an eligible employer. The Tier 2 Visa route is now closed for new applicants.

Minister of Religion (T2)

This visa permits individuals who have been offered a job within an established faith community to live and work in the United Kingdom.

Tier 2 (Sportsperson), International Sportsperson, and T2 Sportsperson

These visas permit elite sportspersons and coaches to live and work in the United Kingdom with the endorsement of the governing body of the associated sport. The Tier 2 (Sportsperson) and T2 Sportsperson routes are now closed for new applicants.

Tier 1 (Exceptional Talent) and Global Talent

These visas permit leaders and potential leaders in the fields of academic, research, arts, culture, and digital technology to live and work in the United Kingdom. The Tier 1 (Exceptional Talent) route is now closed for new applicants.

Tier 1 (Entrepreneur) and Innovator Visa

These visas permit individuals who want to set up and run an innovative business in the United Kingdom to live and work in the United Kingdom with the endorsement of an approved body. The Tier 1 (Entrepreneur) Visa is now closed for new applicants.

Tier 1 (Investor)

This visa permits high net worth individuals who can make large investments in UK-based companies to live and work in the United Kingdom. The Tier 1 (Investor) route is now closed for new applicants.

Points Based System (PBS) Dependent Visa

This visa permits dependents of individuals on points-based system routes to live and work in the United Kingdom.

Turkish Worker Visa

This visa permits Turkish nationals who have lived and worked in the United Kingdom to continue doing so after Brexit. This route is now closed for new applicants and only allows for extensions of existing applicants.

Turkish Businessperson Visa

This visa permits Turkish nationals who have been running a UK business to continue doing so after Brexit. This route is now closed for new applicants and only allows for extensions of existing applicants.

UK Ancestry Visa

This visa permits Commonwealth citizens and individuals with various types of British nationality who also have a grandparent who was born in the United Kingdom to immigrate to the United Kingdom.

Overseas Business Representatives

This visa permits individuals who are employed by a foreign company to set up a UK branch or subsidiary and live and work in the United Kingdom.

Retired Persons Visa

This visa permits retired persons of independent financial means to live in the United Kingdom. This route is now closed for new applicants.

Bereaved Partners

This visa permits individuals whose British citizen or settled partner has died to continue living in the United Kingdom. They must have been living in the United Kingdom when their partner died.

 

All of the above visa routes will use Form SET O to apply for Indefinite Leave to Remain. 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 O?

The requirements for Indefinite Leave to Remain with Form SET O will broadly depend on the specific route under which you are applying. The most important requirement is that you have lived in the United Kingdom for the correct amount of time for your relevant immigration category:

  • If you have a Skilled Worker or Tier 2 Visa, you can apply after 5 years in the UK
  • If you have a UK Ancestry Visa, you can apply after 5 years in the UK
  • If you have a Points Based System (PBS) Dependent Visa, you can apply after 5 years in the UK
  • If you have a Tier 1 (Investor Visa), you can apply after 2, 3, or 5 years in line with the amount of money you have invested whilst in the United Kingdom
  • If you have a Tier 1 (Entrepreneur) Visa, you can apply after 3 or 5 years in line with the type of business activity you have conducted whilst in the United Kingdom
  • If you have a Tier 1 (Exceptional Talent) Visa, you can apply after 3 years in the UK
  • If you have a Turkish Worker Visa or Turkish Businessperson Visa, you can apply after 5 years in the UK
  • If you have a Retired Person Visa, you can apply after 5 years in the UK
  • If you are a Bereaved Partner of a deceased British citizen or settled person in the United Kingdom, you can apply as soon as your partner has passed away

 

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. You must also meet the eligibility requirements in line with the relevant Indefinite Leave to Remain route at the point of submitting Form SET O.

 

What are the eligibility criteria for Indefinite Leave to Remain with Form SET O?

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 O application and supporting evidence:

Residence requirement

You must have maintained continuous, lawful residence in the United Kingdom throughout the qualifying period.

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 with Tier 1 Visas, UK Ancestry Visas, Retired Person Visas, and PBS Dependent Visas.

Language requirement

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, by having a degree-level or higher qualification at a recognised English language university, or being a national of a majority English speaking country. Individuals who are under the age of 18 or over the age of 65, or have significant physical and mental health conditions are also exempt.

Life in the UK test requirement

You must have passed the Life in the UK Test. Individuals with refugee status and humanitarian protection status are exempt from this requirement. Individuals who are under the age of 18 or over the age of 65, or have significant physical and mental health conditions are also exempt.

Good character & general grounds

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 application form.

 

How do I fill out Form SET O 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 O, 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 O application. You should pay close attention to ensure that your details are correct, including passport numbers, phone numbers, and home addresses. If you have a partner or children, you will need to include their 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 O application. You will need to fill out sections related to your knowledge of the English language and the Life in the UK Test, information about your accommodation and financial arrangements, 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 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 O 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 O?

The specific supporting documents required for your Indefinite Leave to Remain application will depend on your 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
  • 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
  • Financial documents
  • Marriage certificates
  • Birth certificates of dependent children
  • Correspondence documents to your accommodation, such as utility bills,
  • Police registration certificate

 

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 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 O?

The application fee for Indefinite Leave to Remain with Form SET O is £2,404 per person. If you are applying as a family with dependents, every person in your family will be charged £2,404. All application fees are payable at the end of the online Form SET O application form. Your Indefinite Leave to Remain application will not be officially submitted until you have paid the application fee.

You may be able to purchase expedited processing for your Indefinite Leave to Remain application with Form SET O. 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 O?

Once your Indefinite Leave to Remain application has been granted with Form SET O, you can apply to naturalise as a British citizen after 12 months. If you are married to or in a civil partnership with a British citizen, you can apply to naturalise as a British citizen as soon as your application for Indefinite Leave to Remain has been approved.

 

Form Set (O) FAQs

What is Indefinite Leave to Remain?

Indefinite Leave to Remain (ILR) lets you remain in the United Kingdom without a time limit on your stay. It also lets you live, work, work, and apply for benefits in the UK.

What is a Form SET O application?

Form SET O is a specific online form to lodge certain applications for Indefinite Leave to Remain. You will need to choose the correct online form for your specific circumstances.

Who can use Form SET O?

Individuals on various immigration routes, such as Skilled Worker Visas, Investor Visas, Entrepreneur Visas, and UK Ancestry Visas, can use Form SET O to submit their application for Indefinite Leave to Remain.

How much does it cost to submit an application with Form SET O?

It costs £2,404 per person to submit an Indefinite Leave to Remain application with Form SET O. You may be able to purchase expedited application processing for an additional cost.

 

Legal disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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