What is a Set O for ILR form?
Being granted indefinite leave to remain in the UK is a key step towards being granted British citizenship. The time sensitive form, which is available on the UKVI website, is over 70 pages long and has 13 sections, so it is important to double check before sending off the application form and supporting documents.
The Set O ILR application form asks for personal details to establish an applicant’s immigration status, indefinite leave to remain status, as well as a host of other qualifying and supporting information.
Each ILR application form costs £2,389 to submit and this fee is non-refundable, so it is important that any application form is completed correctly and accompanied with the right documents and payment. The fee can be paid via postal order, cheque, debit/credit card or a banker’s draft.
ILR applications do have time limits and a Set O form must not be submitted more than 28 days before an applicant’s current immigration status or UK visa expires.
Who can apply via the SET O form?
The SET O form can be completed by people who are eligible for indefinite leave to remain and are currently located in the UK as part of a specified immigration route and wish to stay in the UK. It is possible to apply online for the majority of applicants, especially if applicants have the relevant documents in order.
The Home Office has strict criteria on who qualifies for ILR and therefore it is important that any applications are accompanied by the correct paperwork to prevent delays or refusal to enter the UK.
The following immigration categories are valid for the SET O application process:
- Tier 1 Visa holders – this can include entrepreneurs and “accelerated” entrepreneurs, as well as investors and “accelerated route” investors. Applications for ILR can also be made under the Exceptional Talent route. For example a writer, composer or artist that has unique and desirable skills.
- Tier 2 Visa holders – this tier was rebranded as the Skilled Worker Visa in 2020. This visa is for skilled professionals who are employed by UK company and score at least 70 points via the UK points-based system.
- Points-based system (PBS) dependants
- UK Ancestry visa holders – this allows a Commonwealth person with at least one grandparent who was born in the UK to enter the UK. The UK visas awarded under this are valid for up to five years.
- Overseas business representatives
- Retired persons who are lawfully in the UK and are financially independent
- Bereaved partners of a British citizen or permanent resident following a partner’s death.
- Residence of at least 10-years route applicants
Check documentation before submission
It is important to remember that submitting the form incorrectly could lead to significant delays or even a rejection. Therefore, it is recommended that applicants seek the right guidance and advice before applying as the application can be more complicated than other application forms.
Applicants should also be aware of the following:
- Forms should only be completed in black ink
- All parts of the application must be signed and colour photographs should be included.
- The form submitted must be the latest version and obtained from the UKVI website.
- Documents sent with the form should be originals and not photographs or photocopies. If an original is not available then a certified copy must be sent with letter explaining the missing documentation.
- All information must be truthful and correct.
Documents required to accompany a SET O form
The first documents required are a current and valid passport with passport number or travel documents, as well as two colour passport photographs in a small sealed envelope, with the applicant’s full name written on the back of each photo. Details of a Biometric Residence Permit, if held, should also be included.
If any dependents are being included in the application, then original copies of birth or adoption certificates must also be provided.
The SET O form also asks for details about the reason for application and this can include being a work permit holder or long residence. Therefore, any existing visas or proof of employment must be submitted at the time of application.
Evidence about knowledge of Life in the UK is also required so applications need to provide their pass certificate for the Life in the UK test or any other relevant English language qualifications and supporting documentation.
The Life in the UK test is a computer-based test that includes multiple choice questions on a whole host of aspects of living in the UK. People taking the test must not get more than six questions wrong in order to meet the requirements for UK settlement.
The Home Office also require information about an applicant’s income and financial situation. Therefore, documents such as bank statements, payslips, HMRC letters and benefits records may also need to be included with a Set O form.
If an applicant has been absent from the UK during their ILR qualifying period, then they will need to provide evidence of why and when they were out of the country. Examples of appropriate proof include a letter from an employer or letters showing compassionate leave to attend to a sick/dying family member.
Typically, people applying for indefinite leave to remain in the UK will have needed to have been in residence in the UK for at least five years in order to be eligible to start the process towards British citizenship and apply for indefinite leave to remain.
Applicants will also need to show how they are eligible to apply under the categories listed. For example, if using long residence as a qualifying reason, then a range of documentation such as utility and council tax bills, rent agreements or mortgage statements will all help to validate an application for ILR and permanent residence.
Finally, it is important that anyone applying for UK citizenship meets the Home Office criteria for being of good character, therefore it is important to include any details of past convictions or police registration certificates if relevant.
How can London Immigration Lawyers help?
Here at London Immigration Lawyers we are very familiar with ILR applications and know just how disheartening it can be when you are refused Indefinite Leave to Remain. Luckily, we are here to help you figure out your options after a refusal.
Our immigration solicitors are knowledgeable about UK immigration law and can assess which options you are eligible for, talk you through each of your options and can offer you expert legal advice about which option is the best for you.
Once you have decided which route you would like to take after your refusal, our immigration experts will be there to guide you through the entire process. You will be designated an immigration advisor who is dedicated to working with you and will assist with application forms, gathering evidence and supporting documents and other administrative tasks.
We pride ourselves on our excellent service and professional approach, for comprehensive advice on your immigration matter, or for further information about our services, get in touch with out central London team today on 020 4502 8582.
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