Indefinite Leave to Remain Applications and the Set M Form
If you are applying for indefinite leave to remain as the partner or the parent of a British citizen or a person with settled status, or if you are applying for ILR on behalf of a child, then you will need to complete the set M form.
In this blog, our immigration solicitors look at indefinite leave to remain applications and completion of the set M form.
UK Online and London-Based Immigration Solicitors and Indefinite Leave to Remain Lawyers
For advice on an ILR application call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
Why apply for indefinite leave to remain?
Applying for indefinite leave to remain is a financial ‘no-brainer’ as with ILR status you or your family member gets the right to live and work in the UK free from immigration control. The cost of applying for an extension of a work visa or family visa and the associated dependant visas should not be underestimated as over time repeat visa extension application fees can mount up.
In addition, with indefinite leave to remain, you are no longer restricted to employment with an employer who holds a sponsor licence giving you the potential to secure a better-paid job or one with more flexibility and freedom.
As an ‘added extra’ acquiring indefinite leave to remain puts you on the route to applying for British citizenship. You do not have to take this step if you don’t want to do so as your ILR status won't expire (unless you leave the UK for more than 2 years and you will then need a returning resident visa to re-enter the UK). However, if the UK is going to be your home some people prefer to finalise things by applying for British citizenship. The British citizenship application can be made once you have held indefinite leave to remain status for at least 1 year.
The ILR set M form
Indefinite leave to remain lawyers say the set M form must be used where you are applying for ILR based on family life. In other words, you are the husband, wife, civil partner, partner, parent, or child of either a British citizen or a person who is settled in the UK.
The set M form can only be used if the applicant for indefinite leave to remain is in the UK at the time of their ILR application and is for use when the application for ILR is based on the 5-year route to settlement.
The indefinite leave to remain eligibility criteria
Just because you have lived in the UK for 5 years doesn’t guarantee you success in an indefinite leave to remain application as there are several eligibility criteria in addition to the 5-year residence requirement, namely:
- You are in a genuine and subsisting relationship if you are applying for ILR as the partner or spouse of a sponsor
- You meet the financial requirement – unless your partner receives a passporting state benefit
- You meet the English language requirement – unless you are exempt
- You must pass the life in the UK test
The indefinite leave to remain financial requirement
The ILR financial requirement is the same as the spouse visa financial requirement so most ILR applicants are aware of the hurdles that they need to overcome and the paperwork they will need to provide to show that they meet the financial requirement as an ILR applicant.
ILR lawyers advise that the financial requirement threshold is set at an income of £18,600 per year. The income can be earned by the ILR applicant or by the sponsoring relative or partner, or a combination of the income of the sponsor and the ILR applicant. If a family has children who are not British citizens, then the financial requirement goes up by £3,800 for the first child and by £2,400 for each additional child.
Meeting the ILR financial requirement can be hard to prove if you or your partner are self-employed or if your finances or income are complicated. For example, if a partner has a low basic pay and irregular bonus or commission payments or if you are relying on a combination of income and cash savings to help meet the financial requirement.
Even if you are exempt from meeting the income financial requirement because your sponsor receives a state benefit (such as disability living, severe disablement, industrial injury disablement benefit, attendance allowance, personal independence payment, armed forces payments, constant attendance allowance, mobility supplement, war disablement pension or police injury pension) you still need to be able to evidence that you have adequate maintenance. This is important as without this evidence your ILR application could be refused.
Indefinite leave to remain lawyers advise that it is just as hard to meet the financial requirement when making a set M form application as it is when applying for a first spouse visa or a spouse visa extension application. It is therefore best to take immigration law legal advice on how to meet the financial requirement before you start the indefinite leave to remain application process.
The indefinite leave to remain English language requirement
You may need to sit an English language test before you can apply for indefinite leave to remain. Whether you need to sit the test will depend on a variety of factors such as your age, your qualifications, and your nationality. For example, if you come from a country on a Home Office list of majority English language-speaking countries you are exempt from having to sit the test. For example, if you are a graduate whose degree was taught in English you should be exempt. If you have any questions about whether you will need to sit the English language test our ILR lawyers can help.
Applying for ILR using the set M form
If you are applying for ILR using the set M form then the first key point is that you must submit your application before your spouse visa or partner visa or dependant visa expires. If you don’t do that you will be classed by the Home Office as an overstayer and that will affect the success of your ILR application.
However, when it comes to the timing of an ILR application the immigration rules say that you can't apply more than 28 days before your current visa or entry clearance expires. If you apply too early your application will be refused so it is best to get the timing right.
If you need help with your set M application our expert indefinite leave to remain lawyers can assist.
UK Online and London-Based Immigration Solicitors and Indefinite Leave to Remain Lawyers
For advice on an ILR application call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
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