This post discusses the supporting documents required when applying for the SET (O) application category for indefinite leave to remain. The SET (O) application form is used to apply for indefinite leave to remain in the United Kingdom (UK). Indefinite leave to remain, also known as settlement, is a form of immigration status that allows an individual to live and work in the UK without any time restrictions.
To apply for indefinite leave to remain, an individual must have lived in the UK for five years and meet specific other requirements. 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 proper guidance and advice before applying, as the application can be more complicated than other application forms.
Supporting Documents for SET O Form
The documentary requirements for SET (O) applications vary depending on an individual’s circumstances. However, some documents are required in all SET (O) applications. These include:
- A current passport or another valid travel document
- Proof of address in the UK (e.g. utility bills or bank statements)
- Evidence of English language ability (e.g. a certificate from an approved English language test)
- Evidence of continuous residence in the UK for the past five years (e.g. rent or mortgage statements, council tax bills, etc.)
In addition to the above documents, other documents may be required depending on an individual’s circumstances. These include:
- Evidence of employment or self-employment in the UK
- Evidence of any absences from the UK during the continuous residence period
- Evidence of any changes in circumstances, such as a change in employment or address
- Evidence relating to any dependants
Please note that the above list is not exhaustive, and additional documents may be required.
It is essential to carefully review the SET (O) settlement visa requirements and gather all necessary documents before submitting your application to ensure a smooth and successful process. Working with a UK immigration adviser can help you navigate the application process and increase your chances of obtaining indefinite leave to remain in the UK.
For advice or assistance with your SET (O) Application, please get in touch with our professional team today at 0208 757 5751 or use our contact form.
Evidence of Identity & Travel History
A valid passport or travel document is one of the key documents you must provide when applying for a SET (O) settlement visa. This should be the passport or travel document you have used to travel outside the UK.
All passports or travel documents that you have held during your stay in the UK will help prove the qualifying period during your stay in the UK. When applying, applicants and their dependants must provide their Biometric Residence Permits (BRP).
SET (O) Employment Documents
When applying for SET (O) status, it is essential to provide evidence of employment in the UK. This is because one of the requirements for SET (O) status is that the applicant must have lived in the UK for a continuous period of five years, and during this time, they must have been employed.
For employment, the applicant will need to provide evidence of their employment through pay slips, P60 forms, employment contracts and letters. These documents should cover the entire five-year continuous residence period. If the applicant has changed jobs during this period, they will need to provide evidence of employment for each job.
UK Ancestry Visa ILR applicants must prove that they can and intend to work or look for employment in the UK.
Skilled worker settlement applicants will need to prove that they are still required in their ongoing employment at the time of application.
Evidence of English Language Proficiency
To be eligible for a SET (O) settlement visa, you must demonstrate your knowledge of English at the required level. This may involve taking an English language test and achieving the necessary score. You must provide evidence of your English language proficiency when applying for a SET (O) settlement visa. This may include a certificate from an approved English language test, such as the International English Language Testing System (IELTS).
There are four ways that an applicant can meet the English-language requirement:
- obtaining a relevant English language qualification for a previous grant of leave
- being a national or citizen of a country on the specified list of English-speaking countries
- passing an English-language test in speaking and listening at a minimum level B1 of the Common European Framework of Reference for Languages (CEFR)
- relying on an academic qualification which was taught or researched in English and is deemed by the UK National Recognition Information Centre (UK NARIC) to meet the recognised standard of a bachelor’s or master’s degree or a PhD in the UK
When applying for a SET (O) indefinite leave to remain, you must demonstrate that you have sufficient financial means to support yourself and any dependents during your stay in the UK. This may involve providing documentation such as bank statements or pay slips. Applicants will need to demonstrate their earnings through their bank statements.
Evidence of Dependants for SET (O) Application
You will need to provide evidence of your relationship with your spouse or partner if they apply with you as a dependant. This may include a marriage certificate if you are married or other documentation, such as proof of cohabitation. In the case of child dependents, you must provide a birth certificate.
Child dependants who are applying at the same time must be under 18 years of age. Child Dependants who are over the age of 18 years and were initially granted leave in the same category may also apply, providing they have not yet formed an independent life.
Evidence of Accommodation
You must also provide evidence of your accommodation when applying for a SET (O) ILR. This may include a tenancy agreement or mortgage statement if you own a home in the UK.
If you reside in accommodation owned by yourself and/or your partner, title deeds or a letter from your mortgage provider should be included. If you are residing in accommodation rented by yourself and/or your partner, a letter from the landlord should be included.
Life in the UK test
All applicants for indefinite leave to remain in work-related categories must meet the requirements set out in Appendix KoLL, unless they meet one of the following exceptions:
- they are under 18 or over 64 years old at the date of application
- because of their mental or physical condition, it would not be reasonable to expect them to fulfil the requirement.
Evidence about knowledge of Life in the UK is required, so applications need to provide their pass certificate for the Life in the UK test or the pass reference number.
Evidence of absences from the UK
If an applicant has been absent from the UK during their ILR qualifying period, they will need to provide evidence of why and when they were out of the country; this is known as the continuous residence requirement. Examples of appropriate proof include a letter from an employer or letters showing compassionate leave to attend to a sick/dying family member.
For work-related absences, employers must provide letters detailing the reasons for work-related absences, including periods of paid annual leave from the UK and stating your period of unpaid leave.
For time spent in self-employment or business in the UK, or looking for work/setting up business in the UK, a personal letter from the applicant detailing the purpose and period of absences concerning those activities.
When counting the number of days absent, note that days of departure and return do not count as days absent. The guidance confirms that only whole days absent will count.
Finally, anyone applying for ILR must meet the Home Office criteria for being of good character. Therefore, it is essential to include any details of past convictions or police registration certificates if relevant.
Process for applying for SET (O) ILR
The process for applying for SET (O) status involves several steps. The first step is to complete the online SET (O) application form. This form can be found on the UKVI website.
Once the form has been completed, the next step is gathering all required documents. This includes the above documents and any additional documents that may be required based on an individual’s circumstances.
After all the required documents have been gathered, the next step is to book an appointment at a UKVI application centre. The applicant must provide their completed application form and all required documents at the appointment. They will also be required to provide biometric information.
After the appointment, the applicant will need to wait for a decision on their application. Depending on the individual’s circumstances and the volume of applications being processed, this can take several weeks or even months. Usually, applicants may be able to pay an extra £800 to receive a decision by the next working day.
If the application is approved, the applicant will be granted indefinite leave to remain in the UK.
How can we help
As a UK immigration firm, we understand that the SET (O) visa application process can be complex and time-consuming. An experienced consultant from our team is here to help guide you through the process and ensure that your SET (O) Indefinite Leave to Remain (ILR) application is successful.
First, we will review your eligibility for SET (O) ILR. This includes assessing the situation to ensure you meet the application criteria, such as the employment and financial requirements.
We will help you to prepare and submit your SET (O) ILR application, ensuring that it is completed correctly and accurately. This includes reviewing the application form, providing guidance on supporting documents, and ensuring that the application fee is paid correctly.
Once the application is submitted, our team will keep you updated on the status of your application and assist you in responding to requests for additional information (if any) from the Home Office UKVI.
At every step of the process, our experienced team will provide you with the guidance, support, and representation you need to achieve a successful SET (O) ILR application.
To discuss your application with our team, please call us at +442087575751 or use our contact form.
Frequently asked questions
The Set M application form can be used to apply for settlement based on family, whereas the Set O form is usually used in cases of work.
You can submit your application within 28 days of when you are due to complete your 5-years lawful residence in the UK.
The Set O form can be used for immigration categories such as Tier 2 work permit holder or dependant, businessperson, innovator, investor, self-employed lawyer and ancestry visa holders.
The processing time for indefinite leave to remain applications is up to 6 months. Most ILR applications are decided in 8 weeks. It is possible to expedite specific ILR applications using super-priority service, which costs an additional £800. With super-priority, your ILR application will normally be decided in 24 hours.