The SET(O) form is used to apply for Indefinite Leave to Remain (ILR) in the UK for individuals who qualify under specific visa categories. ILR grants the right to live and work in the UK without any time restrictions, allowing holders to settle permanently. Here’s a complete guide to understanding the SET(O) ILR application, including eligibility, required documentation, and key steps.
1. What is the SET(O) Form for ILR?
The SET(O) form (Settlement – Other) is used to apply for Indefinite Leave to Remain (ILR) by people who are eligible through various long-term work or other visa categories. This form is intended for individuals who do not qualify for ILR through family routes or those covered by other specific ILR forms (like SET(M) for partners).
Who Should Use the SET(O) Form?
The SET(O) form is suitable for those applying for ILR in the UK through:
- Work Visas: Tier 1, Tier 2, and other eligible work visa categories.
- Long Residence: Individuals with 10 years of continuous lawful residence.
- UK Ancestry: Individuals with a UK Ancestry visa.
- PBS Dependents: Family members of individuals on Points-Based System (PBS) visas.
2. Eligibility for ILR with SET(O) Form
Eligibility for ILR using the SET(O) form depends on the visa type and meeting specific residency requirements. Below are some common eligibility criteria:
5-Year Residency Requirement for Work Visas
Applicants on certain work visas must typically have lived and worked in the UK continuously for 5 years to qualify for ILR. Eligible work visas include:
- Tier 2 (General) (now Skilled Worker Visa)
- Tier 2 (Intra-Company Transfer) (if visa was granted before April 6, 2010)
- Tier 1 (General), Tier 1 (Entrepreneur), Tier 1 (Investor)
10-Year Long Residence
Individuals who have legally resided in the UK for 10 years continuously may apply for ILR based on long residence.
UK Ancestry
Holders of the UK Ancestry visa can apply for ILR after residing in the UK for 5 years.
Continuous Residence Requirement
You must show continuous residence in the UK, with absences of no more than 180 days in any 12-month period during the qualifying period.
English Language and Life in the UK Test
- English Proficiency: Applicants must meet the English language requirement, typically through an approved test or proof of a degree taught in English.
- Life in the UK Test: This test assesses knowledge of British culture, history, and values, and is required for most ILR applicants.
3. Required Documents for the SET(O) ILR Application
Gathering the necessary documents is crucial to ensure a smooth application process. Here are the commonly required documents for the SET(O) application:
Personal Identification
- Valid Passport: Your current passport and any previous passports held during your UK residence.
- Biometric Residence Permit (BRP): If applicable, include your current BRP card.
Proof of Residency and Immigration History
- Current Visa or Leave to Remain: Proof of your current immigration status in the UK.
- Travel History: Documents showing travel dates to and from the UK over the qualifying period, including any absences.
- Proof of Continuous Residence: Utility bills, council tax statements, or tenancy agreements covering your time in the UK.
Financial Documentation (for Tier 1 and Some Tier 2 Visas)
If required, include proof of finances:
- Bank Statements: Recent statements showing income and/or investments.
- Payslips: Recent payslips if applicable to your visa type.
- Employer Letter: A letter from your employer verifying your employment status, job role, and salary.
English Language and Life in the UK Test
- English Language Test Certificate: IELTS, SELT, or other approved test result if required.
- Life in the UK Test Pass Certificate: Proof of passing the Life in the UK test.
4. Step-by-Step Guide to Applying for ILR with the SET(O) Form
Follow these steps to apply for ILR using the SET(O) form:
Step 1: Verify Eligibility
Confirm that you meet the ILR eligibility criteria for your visa category, residency period, continuous residence, and English language requirements.
Step 2: Gather Required Documents
Collect all required documents according to the list above. Ensure that documents are originals or certified copies and are translated if they are not in English.
Step 3: Complete the SET(O) Application Form
Complete the SET(O) form online through the UK government website. Ensure all information is accurate and up-to-date.
Step 4: Pay Application Fees and Health Surcharge
The ILR application fee for SET(O) is £2,404 per applicant. Pay the application fees online through the portal. Note that there’s no Immigration Health Surcharge (IHS) for ILR applications.
Step 5: Book a Biometric Appointment
Schedule a biometric appointment at a UK Visa and Citizenship Application Services (UKVCAS) center. At this appointment, you will provide fingerprints and photographs for your Biometric Residence Permit (BRP).
Step 6: Submit Supporting Documents
Upload or bring your supporting documents to your biometric appointment, depending on the instructions provided by UKVCAS. Your documents will be reviewed along with your biometric data.
Step 7: Wait for a Decision
Processing times for ILR applications can vary but typically take up to 6 months. Priority processing may be available for an additional fee if you need a faster decision.
5. Processing Times and Fees for SET(O) ILR Application
Fees
- ILR Application Fee: £2,404 per applicant
Processing Times
- Standard Processing: Up to 6 months
- Priority Service: Available for faster processing, typically a few weeks, for an additional fee
Applicants can check processing times on the UK government’s visa processing page.
6. Tips for a Successful SET(O) Application
- Check Eligibility Early: Make sure you meet all the requirements for ILR through SET(O) to avoid application delays or denials.
- Organize Documents Carefully: Arrange your documents in an organized manner, ensuring that dates, names, and other information match across documents.
- Check Your Absence History: Ensure you haven’t exceeded the maximum 180 days per year absence limit, as this could affect your application.
- Be Honest and Accurate: Discrepancies or incorrect information can result in delays or rejection. Be thorough and truthful in your application.
- Consider Professional Help: If you have a complex case, consider consulting an immigration advisor or solicitor for guidance.
7. Frequently Asked Questions (FAQs)
1. How long does it take to process the SET(O) application?
The standard processing time for SET(O) applications is up to 6 months, but priority service is available for a faster decision.
2. What happens if I exceed the absence limit during my qualifying period?
Exceeding the 180-day limit in any 12-month period may disqualify you from ILR. Consider seeking advice if your absences were due to exceptional circumstances.
3. Do I need to take the Life in the UK test for SET(O)?
Yes, unless you are exempt, most ILR applicants must pass the Life in the UK test.
4. Is there a fee for applying with the SET(O) form?
Yes, the application fee for SET(O) ILR is £2,404 per applicant.
5. Can my family apply with me on the SET(O) form?
Yes, eligible dependents can apply for ILR with you using the SET(O) form if they meet the residency and other requirements.
6. Can I travel outside the UK while my SET(O) application is being processed?
It’s advisable to remain in the UK while your application is processed, as traveling could affect your application.