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ILR SET M document checklist

Do you want to apply for Indefinite Leave to Remain as the partner of a person or the parent of a child who is settled in the UK? Find out more about the supporting documents you will need for your application.

Our lawyers can guide you through the Indefinite Leave to Remain application process, for more information about our services get in touch with our team today on 020 4502 8582.

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What is ilr set(m).

ILR SET(M) refers to one of the application forms for Indefinite Leave to Remain in the UK. Form SET(M) is for the partners of a person who has settled status in the UK as well as the parents of a child who is settled in the UK.

You can use this form if you are currently in the UK and wish to apply for ILR status so that you can make the UK your permanent home.

To apply for Indefinite Leave to Remain using form SET(M) you will need to certain requirements including the English language requirement, financial requirement, accommodation requirement and the genuine relationship requirement .

You will need to provide evidence that you are able to meet the requirements, to do this you will need to submit all of the relevant documents alongside your SET(M) application form.

SET(M) document checklist

The required documents that you should submit alongside form SET(M) include:

• Your valid passport
• Copies of your previous passports
• Your Biometric Residence Permit if you have one and the Biometric Residence Permits of any dependents including in your application
• Passport sized photographs of you, your partner and any other applicants on the form, these must be in colour and have your full name written on the back
• Evidence of your partners residency status such as their current passport or other travel documents
• Evidence of your financial situation such as bank statements, payslips, personal independence payment, guaranteed income payment or cash savings
• A letter from your employer if you are using your employment income to prove your financial information
• Evidence of your residency in the UK such as a tenancy agreement, council tax bills, utility bills, mortgage statement or a letter from your landlord or mortgage provider
• A housing report to prove you have suitable accommodation
• Evidence that you are living with your partner, this must include at least 6 items of correspondence
• Evidence of how you meet the English language requirement such as your English language test pass certificate or proof that you are from an English speaking country
• Life in the UK test certificate

Your documents must be in English or Welsh, if they are not then you will need to have them officially translated before you submit them. You don’t always need to provide original documents, the Home Office will inform you about whether they require the original document or whether you can submit copies.

Items of correspondence

As mentioned above, as part of supporting documents you are required to submit 6 items of correspondence, this is to prove that you are your partner have been living together since your last visa was granted.

You must submit at least 6 items of correspondence that have been addressed to both you and your UK partner at your home. The letters must be original copies and can either be addressed to both of your individually or addressed to joint names.

The items of correspondence can include documents such as:

• Utility bills
• Medical letters
• HMRC letters
• Joint bank statements

If you don’t have enough letters that have been addressed to you both then you can instead submit eight letters, 4 of which must be addressed to both of you and then you must also each submit 2 letters addressed to you individually but sent to the same address.

Do you need help applying for settlement? Our lawyers can assist you. Get in touch

SET(M) Cover letter

As well as the documents listed above it is also recommended that ILR applicants include a cover letter alongside their application.

You cover letter should include personal details about both you and your UK partner and it should also provide details about how you meet each of the requirements, including:

• How you meet the relationship requirement, including details about your relationship with your UK partner
• How you meet the financial requirements
• How you meet the accommodation requirement
• How you meet the English language requirement

In your supporting letter you should also state the reasons why you wish to remain in the UK.

How long does it take for the SET(M) form to be processed?

The processing time for Indefinite Leave to Remain applications varies but generally you can expect it to take between 3 to 6 months.

If you don’t submit the correct documents then this could result in your application being delayed.

If you need a quicker decision on your application then there is a priority service available in which your application will be processed within 10 working days, as well as super priority service that will see you receive a decision the next working day. These services come at an additional fee.

You are permitted to stay in the UK whilst your Indefinite Leave to Remain application is being processed.

How can London Immigration Lawyers help?

The ILR applications are very complex, this is why it is highly recommended that you seek the assistance of an immigration professional when it comes to completing your application.

Our lawyers can assess whether you are eligible for Indefinite Leave to Remain and can fill in the application form on your behalf. As well as this we will go through the document checklist with you and ensure that you have all of the necessary supporting documents for your application.

Our immigration experts are trained in all areas of UK immigration law and have helped thousands of clients with their ILR applications, they will ensure that your application has the best chance of success.

For more information about how we can assist you get in touch with our team today on 020 4502 8582 .

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SET(M) Document Checklist in 2019 (Required documents you NEED)

The following is an updated SET M document checklist for 2019 :

• Applicant’s passport
• Sponsor’s (UK Partner’s) passport
• Payslips (for employment income applications)
• Wageslips (for employment income applications)
• Letter from employer (for employment income applications)
• Letter from landlord (if accommodation is owned)
• Housing report (or reasonable alternative if owned)
• Letter from family or friend (if staying at a family or friend’s place)
• 6 items of correspondence
• Evidence of how the English language requirement is metLife in the UK test certificate
• Supporting letter

The above is a general list for those who are wanting to obtain Indefinite Leave to Remain (ILR) on the basis of their relationship with their British partner (or partner who is ‘settled’ in the UK).

Let us go in to more detail on each of these below:

1. SET(M) Personal Documents

a) Passport

In order to be accepted, a passport must be valid and have at least one page blank page free to stamp in.

It should also show any previous grants of leave. If these are contained in your previous passport, then please include this also. b) Passport Copies

You should include copies of your passport as well as your UK partners. You must provide clear copies. They do not need to be in colour.

2. SET(M) Financial Documents 2019

If one partner is employed in the uk for longer than 6 months.

Please note, if the UK partner is employed by a company that is owned by the UK partner, the person applying or the family of the person applying AND any shares left over are kept by less than 5 other shareholders, then:

The supporting documents needed would be the same as if he or she were the sole director of a limited company.

If the UK partner is employed by a company that is NOT owned by either the UK partner, the person applying or the family of the person applying, then the following documents will need to be provided:

a) 6 months wage slips directly prior to submitting the application

These wage slips must be:

• Formal wage slips which clearly show the employer’s name, OR
• Copies of wage slips with the employer’s headed paper letter, that must have been signed by a senior official within the company substantiating the wage slips are genuine.

It is important that the final wage slip is dated within 28 days of the application being submitted, otherwise the application will be refused. b) Employer’s Letter

This must confirm:

• The UK partner’s employment and gross annual salary
• The duration of their employment
• The duration for which they have been or were paid the level of income relied upon to meet the Financial Requirement, and
• Whether the employment is permanent, fixed term or agency work.

c) 6 months personal bank statements

These must clearly indicate any wages paid in to the UK spouse’s or applicant’s name (or jointly).

These must be in the form of:

• Printed on official bank stationary; or
• Online printouts certified by the bank

In order for bank statements to be classed as ‘certified’, they must be stamped or signed on every single page of the statement by a high ranking official at the local bank branch.

Many banks are disinclined to do this at first, so it is important you reiterate the importance of this for your application. Without them, your application will be refused.

The statements must be dated within 28 days of the application.

If your application is relying on the previous 12 months, the relevant documents will be the same as described above, apart from there should be 12 months’ worth of wage slips and bank statements, instead of 6 months.

If one partner is employed in the UK and has been for fewer than 6 months

The same as above applies, however you must provide evidence from the past 12 months employment and income.

If both partners have been employed for longer than 6 months

The requirements are the same as above, and only 6 months’ worth of wage slips and bank statements are required.

If both partners are employed in the UK. One partner has been employed for longer than 6 months whilst the other has been employed for fewer than 6 months

In order to combine the two employment incomes, this must be done under Category B (12 months).  Therefore, 12 months’ worth of documents must be submitted.

Alternatively, if the partner who has been employed for longer than 6 months and meets the financial requirement alone, then just his partners documents can be submitted.

If you and/or your partner are self-employed in the UK

The documents are as specified in paragraph 7 of Appendix FM-SE:

(a) Evidence of the amount of tax payable, paid and unpaid for the last full financial year. (b) The following documents for the last full financial year, or for the last two such years (where those documents show the necessary level of gross profit as an average of those two years): (i) annual self-assessment tax return to HMRC (a copy or print-out); and (ii) Statement of Account (SA300 or SA302). (c) Proof of registration with HMRC as self-employed if available. (d) Each partner’s Unique Tax Reference Number (UTR) and/or the UTR of the partnership or business. (e) Where the person holds or held a separate business bank account(s), bank statements for the same 12-month period as the tax return(s). (f) personal bank statements for the same 12-month period as the tax return(s) showing that the income from self-employment has been paid into an account in the name of the person or in the name of the person and their partner jointly. (g) Evidence of ongoing self-employment through the provision of at least one of the following: a bank statement dated no more than three months earlier than the date of application showing transactions relating to ongoing trading, or evidence dated no more than three months earlier than the date of application of the renewal of a licence to trade or of ongoing payment of business rates, business-related insurance premiums, employer National Insurance contributions or franchise payments to the parent company. (h) One of the following documents must also be submitted: (i) (aa) If the business is required to produce annual audited accounts, such accounts for the last full financial year; or (bb) If the business is not required to produce annual audited accounts, unaudited accounts for the last full financial year and an accountant’s certificate of confirmation, from an accountant who is a member of a UK Recognised Supervisory Body (as defined in the Companies Act 2006) or who is a member of the Institute of Financial Accountants; (ii) A certificate of VAT registration and the VAT return for the last full financial year (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £79,000 or was in excess of the threshold which applied during the last full financial year; (iii) Evidence to show appropriate planning permission or local planning authority consent is held to operate the type/class of business at the trading address (where this is a local authority requirement); or (iv) A franchise agreement signed by both parties. (i) The document referred to in paragraph 7(h)(iv) must be provided if the organisation is a franchise.

If you and/or your partner have cash savings

The documents are as specified in paragraph 11(a) of Appendix FM-SE:

(a) personal bank statements showing that at least the level of cash savings relied upon in the application has been held in an account(s) in the name of the person or of the person and their partner jointly throughout the period of 6 months prior to the date of application.

If you or your partner have pension income

The documents are as specified in paragraph 10(e) of Appendix FM-SE:

  (i) Official documentation from the following confirming pension entitlement and amount (and, where applicable, reflecting any funds withdrawn from the pension account or fund). The Department for Work and Pensions (in respect of the Basic State Pension and the Additional or Second State Pension) or other government department or agency, including the Veterans Agency; An overseas pension authority; or A pension company, (ii) At least one personal bank statement in the 12-month period prior to the date of application showing payment of the pension into the person’s account.

If you are in receipt of a permitted benefit

A permitted benefit is one of the following:

Carer’s Allowance, Disability Living Allowance, Severe Disablement Allowance, Industrial Injuries Disablement Benefit, Attendance Allowance or Personal Independence Payment or Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme or Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme, or a Police Injury Pension.

Then the documents required will be as specified in paragraph 12A of Appendix FM-SE .

Click here for the link, as it is rather lengthy.

3. SET(M) Accommodation Documents 2019

If the accommodation that you will reside in is rented by you or your partner.

A letter from the UK spouse’s landlord or estate agent must be provided

If the accommodation that you will reside in is owned by you or your partner

The UK spouse will need to prove he or she owns the property.

The most obvious way to do this is to provide the title deeds in the application .

If you are unable to find a copy of the title deeds, you could arrange to get another by approaching the UK Land Registry.

If it is a mortgaged property, then you can submit a recent mortgage letter given by the mortgage provider.

A Housing Report will need to be provided.

The reason for this is that there is a requirement under the Immigration Rules that accommodation should be ‘adequate’ and not overcrowded.

Housing reports should be provided by a chartered surveyor and should cost in the region of £80 – £130.

If you and your partner live with family/friends in the UK

This is allowable in the Rules, on the proviso that the accommodation is adequate and that they will have space for their exclusive use, such as a bedroom.  The property must also not be ‘overcrowded’.

A letter from the person who owns the UK property must be provided confirming that the applicant and spouse can stay in the property.

Proof that this person owns the home must also be provided.

Title deeds or a recent mortgage letter should be sufficient for these purposes.

Housing Report must be provided for the UK property

To meet the adequate accommodation requirement and to make sure the property is not overcrowded.

The approximate cost would be between £80 and £130 and provided by a chartered surveyor.

4. 6 Items of Correspondence Requirement

As a part of your SET(M) application, you must provide 6 items of correspondence addressed to both you and your partner at your residence to prove that you have been living together since your last visa was granted.

These letters can be addressed to both of you or jointly and must be original documents.  Photocopies are not accepted.

It is important that the dates of your letters are spread out amongst the duration of the time you have lived together.  They need to be from 3 varying sources.

If there are not enough documents in your joint names, you can also provide documents addressed to you individually if they appear to show the same address for you both. For instance, 4 letters addressed to you in joint names, and 2 other letters addressed to each of you individually at the same address. Eight letters in total would need to be provided.

If you don’t have any letters in joint names, you should provide 12 letters (6 each), proving that you live at the same address together.

If you or your partner resided with family or friends, for part or all of the duration of time since the last visa was granted, you should provide a letter from them evidencing this.

If you and your partner did not reside with one another for any part of the period since the last visa was granted, then you should tell the Home Office why and if you stayed in contact with each other.  You should provide evidence of any contact or the reasons why you lived separately.

If you cannot provide 6 items, or if the items are not addressed to you both, or if they do not cover the duration since your last visa was granted then you should explain why on a separate sheet of paper.

Your items of correspondence can include:

• Correspondence from government departments such as HMRC, DWP, DVLA or TV Licensing.
• Correspondence from your doctor, or other NHS departments about treatments, appointments, etc.
• Bank statements/letters from the bank
• Building society savings books/letters from the building society
• Utility bills including council tax bills/statements, electricity or gas bills/statements, water rates bills/statements
• Mortgage statement or agreement
• Tenancy agreement
• Telephone bills/statements

5. SET(M) English Language Requirements

The person applying must meet the English language requirement and provide proof of this, unless they are exempt from meeting this requirement. a. You are exempt if you are a national of any of the following ‘majority English speaking countries’:

Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; or the United States of America.

b. You are also exempt from the English language requirement if:

• You are aged 65 years or greater at the date the application is submitted; or
• You have a physical or mental incapacity which prevents you from taking the test; or
• There are exceptional compassionate circumstances which are stopping you from taking the test.

If you are claiming exemption due to your age then must provide evidence to support this such as:

• Your passport, or
• Your birth certificate

c) You are also exempt if NARIC UK confirms you have an equivalent to a Bachelor’s of Master’s degree of PhD that was taught in English outside the UK

If you are not sure about whether you meet this requirement, we would advise you to take the English test to be on the safe side. d) If you don’t meet any of the requirements for an exemption, you must pass an approved English Language test

The English language test must be no more than 2 years old at the time the application is submitted.  But older and expired tests can still be accepted where the qualifications are:

• from the providers on the current SELT list
• already accepted by the Home Office in a previous immigration application, like entry clearance. But if the qualification is not from one of the providers on the current SELT list, it is not sufficient even if previously relied on in another application.

6. SET(M) Life in the UK Requirements

Once you have passed the Life in the UK test, you will be given a pass notification letter which you must include with your application. You must sign this as a requirement since 16th March 2008.

If you have lost the letter, you can provide a Warehouse record as proof of passing the test.

Warehouse is a Home Office database. The results of your test will be sent to the Home Office electronically and they can check that you have passed the test on Warehouse.

Warehouse includes the following details regarding the test:

• Your personal information
• Your Home Office reference number
• Your test details such as the reference number, test centre name, date of the test, and result of the test.
• Times you have taken the test
• The serial number of the identity document used at the test centre, if the test was taken after 16th March 2008.

7.SET(M) Cover Letter

Most applications will benefit from a covering letter.

A good covering letter should mention:

• Personal details of the applicant and UK partner
• How the applicant meets the relationship requirement
• How the applicant meets the financial requirement
• How the applicant meets the accommodation requirement
• How the applicant and the UK partner met one another and how their relationship progressed.

The SET(M) application contains room for you to state the reasons you wish to stay in the UK. Section 8D is particularly for additional information that will assist your application.  You should provide all of the reasons you wish to stay in the UK. For example, you may have children in the UK who also have family here such as grandparents.

8. Is a Tuberculosis certificate required for a SET(M) application?

You will be pleased to know that you do not require to produce another TB certificate for your SET(M) application.

It is important you research the rules and read this information carefully. It is easy to miss something which may cause your application to be refused.

Refused applications cause a lot of anxiety and distress to you, your partner and any children involved in the relationship.

We advise you seek the assistance of a qualified immigration lawyer.

You may also find it helpful to refer to Appendix FM 1.7 Financial Requirement Guidance and Appendix FM-SE for guidance on the ‘specified’ documents required.

Tier 2 Salary Requirement in 2019

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Set M Form ILR Applicant Guidance 2024

Anne morris.

• 5 January 2024

IN THIS SECTION

The Set M form is used to apply for UK indefinite leave to remain  (ILR) if you are the partner, parent or child of a person who is already settled in the UK or a British citizen.

With ILR, you can live and work in the UK unrestricted by the length of stay and without immigration limitations. You will also be able to access benefits such as health services, education and be on the pathway to gaining British citizenship.

Who should apply for ILR using Set M form?

The Set M form should be used if you are applying for indefinite leave to remain for family life as the partner of a person who is present and settled in the UK on the 2 year route or the 5 year route.

The 2 year route requires that you have been granted limited leave for 27/24 months and have completed at least 24 months under part 8 of the immigration rules from the date of entry into the UK as a partner.

The 5-year route and requires that you were granted 30 months limited leave to remain and have completed at least 60 months.

Partner meaning married, civil, unmarried same-sex partner of a British citizen or settled person. You must also plan on living with your UK partner.

The parent of a child that is present and settled on the 5-year route will also be eligible to apply if they have completed at least 60 months on a 5-year route to settlement. The parent needs to have parental responsibility for the child and the child may either be a British citizen or have settled status themselves.

It is a mandatory requirement that you and any children under the age of 18 are in the UK when applying.

ILR eligibility requirements

To be eligible to apply for indefinite leave to remain as a parent or partner on the 5-year route you will need to meet financial requirements to show you are able to support yourself and any dependents. This will be through either income from your employment/self employment or from your sponsor, pensions, savings over £16,000 and some other income sources are considered.

To meet the required financial requirements you will need at least £18,600 (correct as at the time of publishing) as a partner. For 1 child plus partner £22,400, 2 children in addition to partner £24.800, 3 children in addition to partner £27,200. Each additional child after this increases the amount by £2,400.

You will be exempt from meeting the income threshold if your sponsor receives one of these benefits: carer’s allowance, disability living, sever 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.

Should you be exempt from the income threshold, you will need to meet the financial requirements by providing evidence of adequate maintenance. Your solicitor will be able to assist you with this evidence.

You will also be required to meet the two parts of the knowledge and language and life in the UK requirements by passing the Life in the UK test and have a relevant qualifications in English language. These qualifications can include:

• Speaking and listening qualification in English at B1 level or above (from the list of recognised qualifications on the government website)
• Having a degree that was either taught or researched in English
• Being a national of an English speaking country

When can you apply for ILR using Set M?

You will need to apply for your ILR before your current leave expires to avoid overstaying. 

You must not, however, apply more than 28 days before your leave expires or you could have your application refused and the fee will not be refunded.

It is essential that you and your dependants who are applying using the Set M form are present in the UK at time of application.

You may add dependents (children under the age of 18) on your application, and each dependent will carry an additional fee. Children over the age of 18 will need to submit their own application and pay the fee.

How to complete the Set M form

Your application will only be considered if it is valid and complies with Home Office requirements. This means you must ensure:

• Set M form is the correct form for your circumstances
• You are applying with the current version of the Set M form
• All relevant sections have been completed truthfully
• The form has been signed
• You have paid the correct ILR application fee
• Your biometric information is provided during your UKVCAS appointment
• All required supporting documents are provided including identification documentation and proof of eligibility such as English language ability , either by scanning or uploading online

All reasons for you wishing to stay in the UK are to be stated throughout the set M form. Section 8D is specifically for additional information that will help to support your application. In this section should try to give good reasons/grounds for staying in the UK.

It is mandatory to complete the personal history section of the form, section 9. You must be honest in this section regarding any criminal convictions, cautions and such.

Set M supporting documents

Supporting documents, of which there are many, are submitted online. This means you can retain original copies while your application is being processed. The form will request that you provide specific documents, such as those in the table below, although you may also need to provide additional documents depending on your circumstances. Take professional advice to ensure your submission covers all the necessary evidentiary requirements.

Supporting documents must be in English or Welsh, or they will need to be translated by an individual qualified and approved by the Home Office. If a certified translation submitted is not submitted, the application can be refused due to insufficient evidence.

How long does it take to process the SET M form?

ILR applications can take between 3 – 6 months. Issues relating to COVID are resulting in delays, and it is recommended to take advice on processing times when you apply.

UKVCAS offers a range of services for ILR application processing:

• Standard Service: the application is decided within timescales of 8 weeks to 6 months.
• Priority Service: the application is decided within 10 working days (until November ends) or in 5 working days (after December starts)
• Super Priority Service: the application will be decided on the next working day.

You are, however, permitted to stay and carry on working under your existing visa whilst your application is being considered.

How much is the Set M application?

The ILR application fee per applicant is £2,885. Failure to pay the correct fee can result in your application being rejected.

Need assistance?

The Set M form is a notoriously complicated and lengthy application, with a number of potential pitfalls.

To avoid delays with your application, or issues with validity or eligibility, it will be important to ensure all required information is provided fully and correctly. You must ensure you have completed all sections that are relevant to you and that you have included all required supporting documentation.

Should any section be incomplete, your application will be invalid and returned to you. This could ultimately lead to a loss in the right to appeal if your permitted stay expires before you make a valid application.

DavidsonMorris are specialist UK immigration solicitors. We help individuals with all aspects of the UK ILR application, from guidance on eligibility to supporting with compiling a comprehensive submission. For advice on making an application for ILR, contact us .

Set M form FAQs

What is set m form.

Form Set (M) is the Home Office application form used to apply for UK indefinite leave to remain if you are the partner or spouse of a British citizen or settled person.

Who can apply for indefinite leave to remain?

You may be eligible to apply for ILR using SET (M) if you have been living in the UK continuously with lawful status under a spouse or partner visa.

Can I apply for ILR 28 days before 5 years?

You can make the application up to 28 days before the end of the required qualifying period, but no earlier.

Last updated: 5 January 2024

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator , and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

• Anne Morris https://www.davidsonmorris.com/author/anne/ Immigration & Societal Contributions
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• Entering and staying in the UK
• Permanent stay in the UK
• Settle in the UK as the partner of a person, or parent of a child, who is in the UK and settled here: form SET(M)
• UK Visas and Immigration

Apply online (form SET(M))

Updated 1 November 2018

© Crown copyright 2018

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This publication is available at https://www.gov.uk/government/publications/application-to-settle-in-the-uk-form-setm/apply-online-form-setm

Use this online form to apply for indefinite leave to remain in the UK as a partner of a person or parent of a child already settled in the UK.

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Indefinite Leave to Remain Document Checklist 2024

If you want to become a person with settled status in the UK, you can apply for Indefinite Leave to Remain. As part of the application process, you will need to provide a number of documents and information to prove your eligibility.

In this blog post, we set out an up-to-date Indefinite Leave to Remain document checklist for 2024.

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Indefinite leave to remain document checklist 2023.

If you want to apply for Indefinite Leave to Remain , you will need to provide certain information and documents to the Home Office. This is a key component of the whole application process and it is vital that you submit all relevant documentation, and in its proper form.

In this blog post we set out the Indefinite Leave to Remain document checklist in 2024.

Required Documents for Indefinite Leave to Remain

Firstly, it is important to point out that the specific information which you need to provide ultimately depends on your individual circumstances.

The route which you are taking towards Indefinite Leave to Remain will dictate which information you will need to provide. This helpful post outlines the difference between the five-year and ten-year route .

For instance, those applying for ILR as an Ancestry Visa holder will need to provide birth and/or marriage certificates of their grandparents as a unique requirement.

As another example, those applying for ILR after they have worked in the UK for five years will need to provide information relating to their employment.

Still, there is a standard set of documents and information which are required in Indefinite Leave to Remain applications.

Your ILR document checklist is as follows:

• A passport or other valid travel document
• Information which details periods of absence
• Proof of English language ability (if applicable)
• Life in the UK test information
• A Biometric Residence Permit (if one has been issued to you)
• Accommodation information

Additional information and indefinite leave to remain documents which may be required includes:

• Financial information
• Birth certificates of any dependents if you are including them in your application
• A letter from a clinician if you have a long-term medical or physical condition
• Evidence which proves cohabitation (if the application is through the partner route)
• Police registration certificate (if you have been asked to register with the police)
• Documentation which details changes in circumstances

We will now go into greater detail about some of the required information and documents for ILR.

A Valid Passport

You need to provide your in-date, valid passport. Also, if you arrived in the UK under a different passport you will need to prove this too. And any other passports which you have held during your time in the UK will need to be provided as well.

Alternatively, if you do not have a passport and haven’t had one since you have been in the UK, you will need to provide a valid travel document of another kind.

Biometric Residence Permits

A Biometric Residence Permit is a form of identification which many people with leave to remain or further leave to remain have.

Typically, someone will need to provide their biometric information if they are staying in the UK for longer than six months. Those who provide their biometric information will receive a Biometric Residence Permit . If you have one, you will need to provide it when you apply for ILR.

Also, you will need to include the Biometric Residence Permits of any dependants included in your application.

Accommodation and Financial Information

You will need to provide details of your financial situation and information about your living arrangements.

If you are living in a property which you own or which is owned by yourself and/or your partner, you will need to provide title deeds or a letter from your mortgage provider.

If you are renting a property, a letter from a landlord should be included in your portfolio of documents.

If you are residing in accommodation which is owned or rented by your family or a friend, a letter from your family or friend stating that you are permitted to live there should be included in your application.

If you have received any benefits whilst you have been in the UK, you will usually need to include documentation showing this too.

Let our team of lawyers make this process easier for you. We can help with your IRL documents and application. Contact Us

Documents Relating to Periods of Absence

The key requirement of all with an Indefinite Leave to Remain application is the minimum residency period requirement.

You must have spent a specific amount of time living in the UK in order to be eligible, which is typically five years.

This period of time must be within a continuous period. ILR rules state that you cannot leave the UK for more than 180 days in a 12-month period during your qualifying residency period in the UK (unless there were exceptional circumstances).

Any time spent outside of the UK during your qualifying residency period is known as a period of absence.

You will need to provide documentation explaining your periods of absence. For example, if your period of absence was related to your employment, such as annual leave entitlement, you will need to include a letter from your employer explaining that your absence was in accordance with annual leave entitlement.

If your period of absence was due to compassionate reasons, you will need to provide a letter written by yourself which explains the reasons for your absence. You may need to provide additional documentation too.

If your periods of absence were due to compelling reasons, such as significant travel disruption caused by a natural disaster or conflict, you will need to provide information such as travel documents and letters from travel companies confirming the travel disruption.

Continuous Residency Documents

As well as providing information about any periods of absences from the UK, you will also need to include information which proves your residency in the UK. Usually this will include providing a tenancy agreement or mortgage statement, council tax bills and utility bills.

English Language Requirement

The English language requirement is another key component of ILR applications. You will need to demonstrate that your English language ability is at the level of B1 as set by the Common European Framework of Reference for Languages.

Most ILR applicants will need to take an English language test to prove their language ability. There are four SELT test providers, which are:

• Trinity College London
• IELTS SELT Consortium
• LanguageCert
• Pearson Education Ltd

There are centres located throughout the UK where you can take the English language test. In the past you were given a test pass certificate if you passed the test, which you would include in your portfolio of documents for your ILR application.

Nowadays you might just be given a unique reference number to quote in your application.

You do not need to take this test if you are from a majority English-speaking country. Also, you won’t need to take an English language test if you have graduated in a course taught in English at degree level or higher at an approved academic institution.

Other exemptions include:

• Those aged 65 or over
• Anyone suffering from a long-term physical or mental condition
• Adult dependant who is aged between 18 and 64
• Victims of domestic violence whose partner is a British citizen or has settlement status in the UK
• Partner or spouse of a person who has died who was a British citizen or had settlement status in the UK

Life in the UK Test

You need to achieve a pass in the Life in the UK test if you want to apply for ILR. The Life in the UK test is a series of multiple-choice questions based on the history, traditions and culture of the UK. You need to score at least 75% to pass the test.

If you pass the test, you will be given a pass certificate and/or possibly a unique reference number. You will need to include this information when you apply for Indefinite Leave to Remain.

Documentation to Show Changes in Circumstances

If your circumstances have changed significantly since you first entered the UK, you will need to provide certain information detailing these changes.

Changes which you need to highlight include:

• Changes related to marriage/civil partnership
• A change of name
• Children which have been born or you have become a legal guardian of

Do Documents Need to Be in Their Original Form?

In most cases, it is not strictly required that provided documentation is in its original form. You will be notified if the Home Office requires original documents. The one exception to this rule is passports, which will almost certainly need to be provided as the original.

Still, it is important to bear in mind that you may be asked to verify a document if the Home Office have any concerns about the information which you have been provided.

My Documents Aren’t in English. Is this a Problem?

UK immigration laws state that all information provided in immigration applications must be in English, Welsh or Scottish Gaelic.

You must provide translations of any information which is not in English, Welsh or Scottish Gaelic. The translations must be done by an accredited translator.

Note that you will need to include both the translated versions and the original versions.

Can you help with my Indefinite Leave to Remain Application?

Here at Birmingham Immigration Lawyers, we are passionate about the work we do. We can help you to prepare all your documents required for ILR with our application package.

One of our specialist immigration lawyers will provide the most up-to-date and accurate Indefinite Leave to Remain guidance for 2022 and support with your portfolio of evidence. They will take the time to understand your circumstances and prepare a document checklist for you, containing all the information which you will need to provide.

They will help you to source this information, before submitting it in its proper form to the Home Office, ensuring your documents adhere to all necessary administrative standards. They will also complete your Indefinite Leave to Remain application form and submit the full application to the Home Office.

We are confident in saying that we will maximise your chances of securing ILR status in the UK. We can also assist with British citizenship and British passport applications.

Call our friendly team now on 0121 667 6530 to find out more about our specialist ILR application package.

How long does it take to process Indefinite Leave to Remain in 2024?

Indefinite Leave to Remain processing times are considerably longer than the average UK visa processing times. Applicants can expect a decision to be made on their Indefinite Leave to Remain request within 3-6 months- however this is only for guidance, a decision could possibly be made sooner or later, depending on the volume of applications the Home Office is dealing with. You will receive a letter of confirmation once a decision is finalised.

How much is Indefinite Leave to Remain in 2024?

The fee for Indefinite Leave to Remain was increased by £15 in April 2022. ILR applicants were previously subjected to a cost of £2,389, but to apply now, the total cost amounts to £2,404.

How to check if I have Indefinite Leave to Remain?

You can check if you have Indefinite Leave to Remain by checking your passport for a no time limit stamp or an Indefinite Leave to Enter stamp. Alternatively, you may have obtained a Biometric Residence permit. Each of these documents are able to prove your Indefinite Leave to Remain status in the United Kingdom.

Which form do I need for Indefinite Leave to Remain application?

There are two forms to consider when applying for Indefinite Leave to Remain- Form Set (O) and Form Set (M). Which Form Set you complete will depend on your personal circumstances at the time of applying.

Form Set (O) is to be completed by those on certain types of visas or people applying under the ten year route. Some examples of visa holders that are to use this form include: Global Talent visa, Investor visa, Skilled Worker visa, or any other long-term visas.

Form Set (M) is to be submitted by those who wish to apply for ILR as the partner or parent/child of somebody who already has settled status in the UK.

It is important to ensure that you are submitting the correct form to avoid a delay or rejection of your application. If you need advice on which Form Set you need to fill out, you can speak to a trained immigration lawyer for expert advice and guidance.

Why does my Indefinite Leave to Remain have an expiry date?

UK immigration rules state that a person’s Indefinite Leave to Remain can expire if they have had a consecutive absence of at least two years from the UK. If you hold ILR and you have lived outside of the UK for two years or more, you Indefinite Leave to Remain status will automatically expire and you will no longer hold settled status in the United Kingdom.

What are the documents required for ILR 5 year route?

The documents needed for ILR 5 year route must be translated in English, Welsh or Scottish Gaelic and must meet the requirements for Indefinite Leave to Remain:

• Proof of income
• Proof of address
• Proof you’ve lived with your partner since you received your previous visa
• Proof of genuine relationship
• Proof that the English language requirements have been met
• Proof you have passed the Life in the UK test

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Set M form guidance notes (ILR application)

If you are the immediate relatives of a British settled person and wish to apply for Indefinite Leave to Remain (ILR) in the UK, you can use the Set M Form.

What is the Set (M) Form?

If you are the immediate relatives of a British settled person and wish to  apply for Indefinite Leave to Remain (ILR) in the UK , you can use the Set M Form.

The ILR status grants you the right to live freely in the country, without immigration restrictions. It is also a necessary step before you can seek  citizenship in the UK .

If you want to apply for ILR, you can review this Set M guidance to ensure to complete all the relevant sections of your form.

You may be able to apply for the Super Priority service. This would give you a faster decision on your application at an additional cost.

If you have further queries, at IAS our immigration experts are happy to guide you step-by-step through your ILR application.

Who can use the Set (M) Form?

According to the UK immigration law, the Set (M) form can be completed by the following categories:

• Partners of a UK settled person under the 2-year route. To be eligible, you must have been granted limited leave for 27 or 24 months. You can apply for ILR when you have completed at least 24 months with such leave
• Partners of a UK settled person under the 5-year route. You must have been granted 30 months of limited leave, of which 60 should have already been completed
• Partners who currently lives with a British settled person and plan to get married or register a civil partnership
• Parents of a child settled in the UK (under the 5-year route)

Same-sex partners and civil partners are included in the legal definition of “partner” and can file a Set M Form for Indefinite Leave to Remain.

Check your ILR eligibility before you submit your Set M

Before you can start your  ILR application process , you must make sure that you meet all the requirements set by UK immigration law.

First, you should meet specific financial criteria to prove that you can support your family financially. If you are a single applicant, you need a minimum threshold of £18,600. This can also be achieved through a combination of incomes from employment, pensions, and cash savings of over £16,000. Each child included in your Set M application increases the minimum required income by £2,400.

Before you can settle in the UK, you also need to demonstrate your knowledge of British language and customs. To this end, you must pass the Life in the UK Test, a computer-based exam about English traditions, history, and politics.

If you hold a degree that was taught or researched in English, you are exempt from the language requirements. Otherwise, you must pass one of the recognised qualifications in Speaking and Listening at B1 level or above.

What supporting documents do I need for Set (M)?

You must state in your Set M application form all your reasons for wishing to settle in the UK.

The structure and the sections included in the Set M Form are similar to the ones of the  Set O application form online . This form, however, can be used only by ILR applicants who already hold a Work permit. If you are the dependant of a British settled person, you need to file a Set M.

You must complete your Set M application form must in all its sections and include the relevant documents. These include:

• Personal information  (Sections 1 – 3). You need to include details about yourself and your dependents
• Applicant categories  (section 4). You only need to select the category you and your dependants fall into
• Proof of knowledge of life and language in the UK  (Section 5). To be eligible for ILR in the UK, you must pass the Life in the UK test. You also need to pass a recognised English language test/ ESOL academic qualification to prove adequate proficiency in English. If you are under the age of 18 or over the age of 64, you are exempt from this requirement
• Biometric Residence Permit  (Section 6). If you cannot provide evidence of your Biometric Residence Permit in the UK, your Set M application will be automatically invalid
• Previous addresses  (Section 7). It must cover your address history in the past 2 years
• Financial requirement  (Section 8). To prove your financial situation, you can present bank statements, payslips, cash savings, guaranteed income payment, personal independence payment, and other documents
• Personal history  (Section 9). You must provide details about any criminal convictions, or civil judgments against you or any dependents. UK Visa and Immigration (UKVI) will double-check this information with other relevant agencies. For this reason, you must answer these questions as accurately as possible
• Photographs and personal documents  (Sections 10 – 12). You must also include pictures and valid travel documents of your dependants. Photographs must follow the UKVI guidelines and have your full name written on their back
• Consent form and declaration from your partner  (Sections 14 – 15). Your partner also needs to provide evidence of his or her residency status
• Final checklist . In this section, you should list all the documentation you are submitting along with your application. Do not forget that your documents must be originals. In the case of photocopy, you should attach a written statement explaining the reason why you do not have access to the originals

When to submit your Set M Form for Indefinite Leave to Remain

ILR applications are time-sensitive, meaning you must submit your request before your current leave expires. However, according to the immigration rules, you must not file your Set (M) Form more than 28 days before your current immigration status ends.

When you submit your Indefinite Leave to Remain form, both you and your dependents must already be present in the UK.

As a part of your ILR application process, you will be asked to attend your local post office to collect your biometric data. If you are under 18, your parents or legal guardian must accompany you.

What are the fees for filling out the set (M) Form?

If you are a single applicant submitting your Set M Form for Indefinite Leave to Remain, there is a fee of £2,404 for standard applications. You can also present your ILR form in person at a Premium Service Centre. This process is shorter but requires additional service fees.

If you are applying with your dependants, the ILR fee increases by £2,404 for each child you are applying for.

You can pay your ILR fees by credit or debit cards, cheques or postal orders. If you are paying by card, you must include your correct payment details in the dedicated page of your Set (M) Form.

It is important to note that the Home Office will consider your application only when your payment is cleared. If your Set M Form contains errors, your fee will be refunded less an administration fee of £25 for each person included in your application.

Set M guidance: Common pitfalls and mistakes

Completing your Set M Form for Indefinite Leave to Remain in the UK may be complicated. There are several sections, and you must fill in all the relevant information about yourself and your dependents.

An incomplete Indefinite Leave to Remain form may result in your application being rejected. However, there are some common mistakes that you can easily avoid by reviewing the following Set M Form checklist:

• In your ILR form, you should list all the reasons for your intention to settle in the UK. To support your application, you should produce written evidence of your prospects in the country;
• It is mandatory to provide honest information about your personal history in section 9 of the form. If you do not complete this part, your application will not be processed. Making a false statement is also an offence that can result in your arrest;
• You must send the correct fee to the Home Office to cover also your dependants’ application;
• If you are applying for your children under the age of 18, you must provide their birth certificate or other evidence of your kinship;
• If you are under the age of 18, your parents or legal guardians must sign your Set M Form.

How IAS can help

When you submit your Set M Form, you do not want to make any mistakes. If you fail to complete one of its sections or if documents are missing, your application will be refused. You may also lose your application fee with a further fee of £25 for administrative services.

For this reason, it is always recommended to have your legal adviser check your Set (M) Form before you submit it. At IAS, our immigration lawyers are ready to provide their best guidance to let you and your beloved ones settle in the UK. We can assess your ILR eligibility and help you complete your Set M application form.

Our expert immigration lawyers are based in offices throughout the UK, including in  London ,  Manchester , or  Birmingham.  Use the  office finder  to find your closest branch.

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SET M Application Documents 

by Whytecroft Ford | Feb 24, 2023 | Indefinite Leave to Remain , Spouse Visa , Spouse Visa Extension , UK Immigration

Individuals in a relationship with a British citizen or a settled person who intend to settle in the UK may consider applying for Indefinite Leave to Remain (ILR) as a partner. The ILR status enables individuals to stay indefinitely in the UK without any time restrictions and is obtained by submitting a completed SET M application form. This post aims to provide guidance on the supporting documents required for a successful UK SET M application form for Spouse ILR.

To qualify for the Spouse ILR requirements under the Immigration Rules , you must prove that you have a genuine and subsisting relationship with a British citizen or a settled person. You must have continuously resided in the UK for at least five years on a partner visa and have not spent more than 180 days outside the UK in any 12 months. Additionally, you must not have breached any immigration laws or visa conditions during this time.

In addition to the residency requirements, you must also meet other eligibility criteria, such as demonstrating your knowledge of the English language to a required level, passing the Life in the UK test, and meeting the financial and accommodation requirements.

Supporting evidence for Application Form SET M

To prove that you satisfy the ILR criteria, you must provide specific documents to support your SET M application. Depending on your situation, some of the documents which you will need to provide include:

Proof of identity

You must provide a valid passport or travel document that shows your current immigration status in the UK. You must be in the UK at the time of application. You will also need to provide your Biometric Residence Permit (BRP), which will confirm your current visa status, including the validity period of your visa.

Proof of partner’s residency status

Your partner will need to provide proof of their residency status, and this could be through their current passport or travel documents.

Marriage certificate or civil partnership certificate

You must provide a copy of your marriage certificate or civil partnership certificate to show that you are legally married or in a civil partnership with your UK partner. You may also provide evidence of any children you have together. Evidence for children will include their birth certificates.

Evidence of cohabitation & residence

At the date of application, you must prove that you have completed a continuous period of residence of at least 5 years (60 months). This evidence can include utility bills, tenancy agreements, joint bank statements, or official letters addressed to both of you at the same address. In addition, you will need to show that you have adequate accommodation for yourself and any dependents, and that it meets the UK government’s standards for accommodation.

For assistance with your SET M Application Form process, contact our professional and experienced immigration team at 02087575751 or use our contact form .

Financial evidence

You must show that you meet the financial requirements set out under Appendix FM of the Immigration Rules, which may vary depending on your circumstances. The minimum salary threshold will increase for every dependent child you have who is not a British citizen or with UK-settled status.

If you do not have any dependents, you must prove an income of at least £18,600 per annum. If you have one child dependent, the minimum income requirement increases to £22,400. For each additional child, the requirement increases by £2400. You must prove that you and your partner can financially support yourselves without relying on public funds. 

This evidence required for the Set M application form will depend on how you meet the minimum income requirement; this can generally be met with income from employment , self-employment , non-employment income such as property rental, pension income or cash savings .

Evidence of English language proficiency

Unless exempt from the English language requirement, you must provide evidence of your English language proficiency for settlement in the UK . This will include a speaking and listening qualification in English at B1 level or above (from the list of recognised qualifications on the government website), having a degree that was either taught or researched in English or by being a national of an English-speaking country. 

Life in the UK test 

You must pass the Life in the UK test, which tests your knowledge of British history, culture, and society. You must provide a certificate of passing the test with your application or a pass reference number for the SET M application form.

Medical and police certificates

In some cases, you may need to provide medical or police clearance certificates to show that you do not have any criminal convictions.

It is important to note that the specific documents required may vary depending on your circumstances and the requirements set out by the Home Office UKVI. If you are unsure about any of the requirements or need help with your application, it is advisable to seek professional advice from an immigration adviser who can provide expert guidance and support to help you navigate the application process.

How can we help

At Whytecroft Ford, we understand that applying for Indefinite Leave to Remain as a Partner in the UK can be a complex and daunting process. That’s why we offer a range of services to help you navigate the application process and increase your chances of success. Our experienced immigration advisers can provide expert guidance and support with the following:

• Assessing your eligibility for Indefinite Leave to Remain as a Partner in the UK
• Reviewing and organizing your supporting documents to ensure they meet the UKVI’s requirements
• Preparing and submitting your application on your behalf
• Providing representation and support throughout the application process

We understand that every case is unique and offer personalized advice and support tailored to your circumstances. Our team is committed to providing high customer service with clear communication and transparent pricing. If you need help with your SET M application process, contact Whytecroft Ford today to schedule a consultation with one of our experienced immigration advisers at 02087575751 or use our contact form .

Frequently asked questions

You need to be in the UK for at least 5 years on a spouse or partner visa before you can apply for Indefinite Leave to Remain.

To be eligible for ILR as a spouse or partner, you must have lived in the UK for at least 5 years on a spouse or partner visa, have passed the Life in the UK test, meet the English language requirements, and not have any criminal convictions or immigration violations.

You can apply for ILR as a spouse or partner online on the UK government’s website. You must create an account, fill in the application form, pay the fee, and provide supporting documents.

You can apply within 28 days before the expiration of your current leave to remain. 

If you are married to a British national, you may qualify for British Citizenship by Naturalisation as soon as you acquire ILR status, otherwise you must hold ILR status for at least 12 months.

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What is Indefinite Leave to Remain?

If you are a non-UK national who is subject to immigration control, but have lived in the UK legally and continuously for a certain length of time, you may be able to apply for permission to settle in the UK permanently. This is known as Settlement or Indefinite Leave to Remain (ILR). There are different ways to qualify for of ILR and ILR Set (M ) is for spouse/partners of a British or settled person in the UK.

Who should Apply for ILR Set (M)?

If you are currently in the UK on a spouse/partner visa ( 5 year partner route only ), and have completed 5 years of contunuous leave, you can apply for ILR to settle in the UK permanently free of immigration control.

When Can I Apply for ILR Set (M)?

If you qualify, the earliest you can apply is 28 days before reaching your 5-year qualfying period.

If you originally switched to the partner route inside the UK , this will be before your current leave expires (as stated on your Biometric Residence Permit).

In all cases, you will need to complete the application online.

How Much does it Cost?

The current Home Office fee for *all ILR applications is £2,885 (*the exception to this being those applying for ILR as a refugee or someone who has been granted humanitarian protection, which currently has NO fee).

You also have the option to speed up your application and get a decision as quickly as 1 working day by choosing the super priority service, the fee for which is an additional £1,000.

Can I include Children on my Application?

Children under the age of 18 can be included in your application. Dependent children over 18, however cannot apply with you unless they were originally granted leave in this category when they were under 18 and do not live an independant life e.g. They have left home, are married and have a family of their own. Each dependent will cost an additional £2,885 to be added to your application.

What is the Processing Time for ILR Set (M)?

The average processing time to get a decision from the Home Office is 2-3 months (unless you opt for the super priority service as mentioned above).

Delays in your application may occur if you have not provided all the required documents that the Home Office wants to see, or you are required to attend an interview.

What Are the Requirements for ILR Set (M)?

The Financial requirement

In order to satisfy the financial requirement you must meet a minimum income threshold of £18,600 .

This threshold increases to £22,400 where you are applying with a dependant child, and then further increments of £2,400 for each additional child.

You can meet this via your spouse/partner's income from employment or self-employment, or your own income. You can also meet this with cash savings over £16,000, pensions, maternity allowances or bereavement benefits received in the UK.

You are exempt from having to meet the minimum income threshold if your spouse/partner is in receipt of specific benefits or allowances. In which case, you will need to provide evidence of adequate maintenance for you and any dependants.

Accomodation

Additionally, you must also have adequate accommodation for you and any dependants that live with you.

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The English language requirement

Unless you resided in a country where English is the primary/dominant language e.g. USA or Australia, you will need to demonstrate you have good knowledge of the the English Language.

This can be met by having a degree or academic qualification that was taught or researched in English and recognised by Ecctis (formerly UK NARIC) otherwise you will need to take a Home Office approved English Language Test at Level B1. 

Life In the UK Test

You will also need to pass a Life in the UK Test.  Note that the same exemptions for the English Language requirement above also apply.

*Applicants over 65 or have certain disabilities and mental illnesses are exempt from meeting the English Language requirement and passing the Life in the UK Test.

These are the primary requirements but there are many other elements for a successful ILR Set (M) application. There is whole host of information you must provide, and the type of supporting documents you and your sponsor must include will depend on you and your partner's own circumstances.

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Frequently Asked Questions

How much are the fees for ilr set m.

The current fee for a ILR Set (M) application is £2,885. This is ONLY refundable if the applicant has not attended their biometric appointment. Otherwise, the fee is non-refundable. In most cases, this can be paid online. It can also be paid at the visa centre on the biometric appointment date.

Is the visa fee for ILR Set (M) refundable if the application is refused?

No, the fee is non-refundable if the application is refused.

How long does the application process take? My spouse and I would like it to be finished in a month, is that possible?

On average, the UKVI can take between 2-3 months to make a decision on a ILR Set M application.

Applicants can also opt to pay an additional fee to the UKVI for their application to be expedited as quickly as 1 working day. This is called the Priority Visa Service (PVS) and is an additional fee of £1,000. This is payable online.

What is the Priority Visa Service? (PVS)

The PVS is an additional service available for those who would like to receive a decision sooner than 2-3 months. You can fast track your application to get a decision as quickly as within 1 working day, if the PVS is paid.

How soon can you get our application ready?

My average turnaround time is 8-12 weeks . This is usually if the Applicant and the Sponsor have all their documents ready. (See question below on what supporting documents are required).

If time is of the essence, and clients would like to have their application and supporting documents submitted within a week, or within less than 2 weeks, I can also accommodate this, although I will charge an additional fee on top of my usual fees. The additional fees will be communicated with you from the outset and agreed upon by all of us before any work is commenced.

What are the supporting documents required for ILR Set (M)?

There are many documents involved for the ILR Set (M) application. Once I am instructed, I tailor-make a list of documents for each of my clients. Not all cases are the same and everyone's circumstances are different, which means that the type of documents you submit to the UKVI will depend on your circumstances. It is not a case of "one-size, fits all."

As with all applications made to the UKVI, the QUALITY  of the documents trumps the QUANTITY  of the documents submitted. In almost all cases for spouse visa applications, the Applicant and/or the Sponsor are not interviewed, and even when they are, this is usually part of the UKVI's decision-making process. 

Therefore, the onus is ALWAYS  on the Applicants and their Sponsors to submit their relevant documents to the UKVI as part of the application process. The UKVI will base their decision on these documents. 

It is also important to bear in mind that the UKVI do not chase up the Applicants and the Sponsors for their documents. It is only in certain circumstances that they will do so, for instance, to ask for a bank statement if this is part of a sequence of bank statements. For example, the Sponsor submitted bank statements for January until December 2018, but the bank statement for July 2018 is missing. In this case, the UKVI MAY ask for the July 2018 bank statement.

However, in my experience, the UKVI do NOT ask for documents and they are not legally bound to do so, either.

This is why the supporting documents are vital to the Applicant's application. Your future life in the UK effectively depends on these.

I also offer a documents-checking service  where I will review your documents and advice you on these before you submit them to the UKVI. If you also want your application reviewed before you submit it, I can also check this (in addtion to the supporting documents). This service is available for those who do not wish to instruct a solicitor for a full-service (handle the entire application process on their behalf). This offers peace of mind knowing that you have done your utmost to ensure that your application has a high chance of succeeding, so this service can (and has proved to) be priceless.

What happens if the application gets refused?

My aim is to do everything possible to avoid the refusal of any application. I am invested in all of my clients' cases and endeavour to ensure that the Applicant receives a positive decision from their first attempt.

That being said, I do not work for the UKVI and cannot influence their decision. There will be some instances where the UKVI will refuse the application. When this occurs, the Applicant is usually given the right of appeal .

Is there a deadline to appeal an ILR Refusal?

The Applicant has 28 days  from the date of the decision to submit the Notice of Appeal form to the Immigration Asylum Chambers (IAC), which will then be placed at the First Tier Tribunal (FTT) in the UK. The appeal can either be an oral hearing, or a paper hearing. I always advise on having an oral hearing as this gives the Sponsor, and/or their legal representatives (if the Sponsor is unable to attend), the opportunity to present their case effectively to an Immigration Judge. A paper hearing does not provide such an opportunity because the IJ's decision will be based solely on the documents presented to them by the UKVI and the Applicant and Sponsor.

When will we get a decision on an appeal?

The disadvantage of appealing is that it can take up to a year before a hearing (oral or paper) is listed by the FTT. In between that, the UKVI should review their decision, however, this is not always a guarantee, and in some cases, the UKVI will simply wait for the appeal to proceed, even if their prospects of success is low. 

Another disadvantage is the costs involved especially if you would like a legal representative to advise and assist you with your appeal. The costs can start from £2,500 and upwards, depending on the complexity of each case.

Many Applicants are deterred by the time and costs involved in appealing, and so choose instead to submit a fresh application, which they can do whenever they are ready to proceed.

Nevertheless, in some instances, it may be advisable to appeal against the decision. This will, as always, depend on the reasons for the refusal of the application.

I have heard about the financial requirement for a spouse visa but I don't understand it. What is this requirement and do we need to satisfy this?

The financial requirement is only one of the requirements for ILR Set (M), but is also one of the most important ones to meet. Most of the rejected applications were refused by the UKVI because the Financial Requirement was not met.

There are many categories within the Financial Requirement itself, which can make it complex. In essence, if the Applicant or Sponsor are working, they must show that they are earning at least £18,600 gross per annum (i.e. salary before tax is deducted). This is called the minimum income threshold. The threshold is increased if there are also dependent children applying at the same time (i.e. children aged under 18, and who are not British nationals/EU Nationals, or do not have Indefinite Leave to Remain/Enter in the UK).

What if I earn less than the minimum income threshold?

In some instances, the UKVI will accept other types of income (for instance non-employment income such as rental income), to add with the Applicant and/or Sponsor's salary from their employment. This area requires  detailed advice and will depend on your circumstances.

Can I still get ILR if I don’t meet the financial requirements?

Yes, and this will depend on the applicant and/or Sponsor's individual circumstances. For instance, if they have a cash savings and/or they are in receipt of certain welfare benefits.

This requires detailed advice and will depend on your circumstances.

What happens if my relationship ends?

If your marriage breaks down while you have leave to enter/remain in the UK as a spouse, i.e. during the 5-year period, your leave may be curtailed (shortened) by the Home Office, and you will receive a notification from the Home Office confirming this. This usually happens if the applicant's Sponsor informs the Home Office that the marriage has broken down.

For example, if your current leave does not expire until December 2024, but your relationship breaks down and you separate from your spouse in July 2024, and the Home Office is made aware of the breakdown of your marriage, the Home Office can shorten the validity of the visa from December 2024, to August or September 2024, i.e. at least 60 days.

Even if this does not happen, when you are eligible to apply for an extension or ILR, you may not be eligible to do so since you are no longer with your spouse/Sponsor.

There are exceptions to this, and this will include if the marriage breaks down because of domestic violence, for instance. In such cases, it would be advisable for the applicant to obtain legal advice as to what, if any, you can do to regularise your stay in the UK.

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Indefinite leave to remain (ILR): supporting letter (current employer)

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ILR application documents checklist

You must provide all the mandatory documents with your Indefinite Leave to Remain (ILR) application as per the ILR documents checklist 2024 listed below.

You will find here a general document checklist required for the ILR application and you might need to provide additional documents depending on the type of your ILR application and your personal circumstances.

Please contact our immigration lawyer on 0161 989 9370 or fill in the enquiry form to take the first step towards your successful Indefinite Leave to Remain (ILR) application.

Table of Contents

What documents are required for the ILR application?

Documentary evidence of continuous residence in the uk, life in the uk test for ilr, evidence of your knowledge of the english language, frequently asked questions (faqs).

The documents required for Indefinite Leave to Remain (ILR) in the UK vary depending on the specific immigration category under which you are applying. However, in general, the following documents are required:

• A valid passport or other travel documents
• Biometric Residence Permit (BRP)
• Pass certificate from the Life in the UK test
• Evidence of your continuous residence in the UK
• Evidence of your employment or self-employment
• Accommodation information
• Proof of any dependent family members (if applicable)

This is a general list of documents. Depending on type of application and your personal circumstances, you might also need to provide additional documents. Please contact us for an initial assessment to determine your eligibility, and find out the required list of documents in support of your application.

When applying for Indefinite Leave to Remain (ILR) in the UK, you will need to provide evidence of your continuous residence in the country for the required period. The exact evidence required will depend on your individual circumstances, but some examples of documents that may be used to prove your continuous residence include:

• Utility bills (gas, electricity, water, etc.) or council tax bills
• Bank statements or building society statements
• Tenancy agreements or rent receipts
• Employment contracts or payslips
• P60 forms or tax returns
• Letters from government departments, such as the Home Office or HMRC
• Correspondence from educational institutions or healthcare providers

It's important to note that the documents you provide must cover the entire period of your residence in the UK and show that you have not been absent from the country for more than the allowable time period for your specific immigration category. The exact time period will depend on your individual circumstances, but it is typically 180 days in any 12-month period for most ILR applications.

You should ensure that the documents you provide are clear, accurate, and up-to-date. If you have any questions or concerns about the evidence required for your ILR application, it's advisable to seek guidance from an immigration lawyer .

When applying for Indefinite Leave to Remain (ILR) in the UK, you will generally be required to pass the Life in the UK test as part of the application process. The test is designed to assess your knowledge of British culture, customs, and history, and it is a requirement for most settlement and citizenship applications.

To take the Life in the UK test, you will need to book an appointment at a designated test centre and pay the test fee, which as of April 2023 is £50. The test is computer-based and consists of 24 multiple-choice questions, which you will have 45 minutes to answer.

The test covers a range of topics related to life in the UK, including:

• The UK's political system, including the roles of the government, Parliament, and judiciary
• British history, culture, and society, including significant events, people, and traditions
• Rights and responsibilities of UK citizens, such as voting and paying taxes
• Education, healthcare, and social welfare systems in the UK
• Immigration, asylum, and citizenship laws and policies in the UK.

To pass the test, you must answer at least 18 out of 24 questions correctly. If you fail the test, you can retake it after seven days, but you will need to pay the test fee again.

When applying for Indefinite Leave to Remain (ILR) in the UK, you will generally be required to meet the English language requirements as part of the application process. The specific requirements will depend on your individual circumstances and the immigration category under which you are applying.

In general, to meet the English language requirement for ILR, you must provide evidence that you:

• Have a degree taught in English that is equivalent to a UK bachelor's degree, master's degree, or PhD;
• Have passed a Home Office approved English language test at the required level (currently CEFR level B1 or above) with a recognized test provider; or
• Have obtained an academic qualification taught in English from an institution that is recognized by UK NARIC (the National Recognition Information Centre for the United Kingdom).

It's important to note that some categories of applicants, such as those aged 65 or over or those with a long residence in the UK, may be exempt from the English language requirement.

If you need to take an English language test, you can find a list of Home Office approved test providers on the UK government's website . You should ensure that you meet the required level of English language proficiency before taking the test, as failing the test can delay your ILR application.

If you have any questions or concerns about the English language requirements for your ILR application, it's advisable to seek guidance from an immigration lawyer .

Here are some commonly asked questions about Indefinite Leave to Remain (ILR):

Can I lose my Indefinite Leave to Remain status?

Individuals with ILR are still subject to certain restrictions, such as the requirement to notify the Home Office of any changes in their circumstances, and they can lose their ILR status if they spend 2 or more continuous years outside the UK .

How much is the ILR application fee?

Each applicant needs to pay £2,404 for their Indefinite Leave to Remain (ILR) application if applying for ILR using the standard service.

How long does it take to get a decision on an ILR application?

The length of time it takes to receive a decision on an ILR application can vary depending on a number of factors, but typically it can take up to six months . You can pay extra for a priority service to receive a decision faster.

How do I apply for ILR?

You must apply for ILR online by completing the relevant application form and providing supporting documents to prove that you meet the eligibility requirements.

Read this comprehensive guide to learn more about how to apply for ILR , the required documents and fees.

What benefits do I get with ILR?

With ILR, you can live and work in the UK permanently , and you are not subject to immigration controls or restrictions. You may also be eligible for certain benefits, such as access to the NHS and social security benefits, among others.

How can I get help with ILR application?

Call Rex Law Chambers on 0161 989 9370 for confidential legal advice and help with your ILR application. You can get help from our immigration lawyer in person, over the phone , via WhatsApp , email or live chat.

Need legal advice or help from an immigration lawyer?

Call us on 0161 989 9370 or fill in the enquiry form to get legal advice or help with your UK visa application. Our UK immigration lawyer is ready to assist you.

At Rex Law Chambers, we specialise in a wide range of UK visas and nationality applications and our principal immigration lawyer has a wealth of experience and expert knowledge to deal with all types of UK visas and immigration applications. He has successfully handled many complex and high-profile cases and also represented clients in their immigration matters.

Free immigration advice online

Our immigration lawyer can provide one-off FREE general legal advice online via live chat or through the enquiry form . The FREE advice does not cover the advice in relation to complex legal issues or advice about documents to be submitted in support of the application.

If you would like to get detailed immigration advice then please schedule an in-person , Zoom , or phone consultation by using our appointment request form .

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ILR Set (M) Document List Sanity Check

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ILR SET (M) Application - Just a few questions.

Post by FarhanAkhtar83 » Mon Mar 22, 2021 5:04 pm

Re: ILR SET (M) Application - Just a few questions.

Post by zimba » Tue Mar 23, 2021 11:52 am

Post by FarhanAkhtar83 » Tue Mar 23, 2021 6:12 pm

Zimba wrote: ↑ Tue Mar 23, 2021 11:52 am ONLY digital scans are needed. Physical documents are not sent at all. You do NOT need to upload blank pages. Statements must be within 30 days of the application submission date. If you meet the financial requirement using your salary, your savings are not relevant

Post by CULLINAN » Tue Mar 23, 2021 6:20 pm

Steps to follow after completing the form online. Depending on your visa category, you will fill the appropriate form online: Step 1: Pay [fee + super priority fees (if available - not all categories are eligible, upon your choice)] and submit application via UKVI ONLINE. Tip: Date of application is the date you pay and submit online, biometrics date is irrelevant. Step 2: After payment, you will reach “further actions page.” If you click on “book an appointment,” system will reroute you to create an account on UKVCAS where you can upload your documents and book an appointment. Tip: You are sent an access code to set up an account on UKVCAS which usually lands up in Junk folder. Step 3: Booking an appointment with UKVCAS. You must book an appointment now. IDV is the past except T4. You get 45 working days after submission. Tip: You are given a deadline to submit your biometrics on the further actions page. Since the backlog for biometrics has subsided, you should meet the deadline. Step 4: Now you can submit your documents to UKVI via UKVCAS portal even before your biometrics. The option usually appears when you have uploaded all your documents, sign out and sign in again. The option can be found on the “document upload page” right at the bottom. Note: Self-submission is OPTIONAL. If you want to benefit from the new feature, you must upload and self-submit up to 48hrs before the appointment. If you do NOT want to self-submit, you can upload ANYTIME before the appointment date and submit at the appointment itself. Self-submission is recommended as you may save some processing time - your documents are sent to UKVI even before biometrics in this case. You can self-submit only ONCE. But if you forget to upload any documents, you can always upload later on (after self-submission) and submit at the appointment then (you will not be able to self-submit again but can submit at appointment again). Read “self-submit” “submit” “upload” separately. Tip: The best approach would be to benefit from the new self-submit feature. Step 5: Once the process as stated above is completed, you should wait for a decision. Cullinan

Suggestion for booking biometrics appointments, might be helpful to new users: You have 45 working days to book an appointment (excluding Sat/Sun) after online submission. These days biometrics appointments are running at a 28 days lag i.e. you get an appointment for the 28th day unless you get to find an earlier cancellation. My suggestion: 1) Login UKVCAS booking system 12 AM midnight GMT to look for appointments. 2) Look for different centres and locations if you are willing to travel. 3) Look continuously for 3/4 days regularly (after submission and before booking a slot) to find an earlier cancellation or free appointments during the day/after midnight. For free appointments look especially between 6am-9am in the morning. Free options are offered by Core Centres only (week days). 4) If you fail and can not find any earlier cancellations or free appointments for next 3/4 days after submission, book one logging in at 12 AM midnight GMT. You will get one for the 28th day (has to be a week day for better availability). If the 28th day is a Sat/Sun, availability will be almost nil. I would suggest you try your luck for 3/4 days before you book one. Once you book an appointment, you will not be able to see any more availability. Cullinan

Just a little help about documents please for ILR SET (M)

Post by FarhanAkhtar83 » Sat May 29, 2021 9:55 am

Re: Just a little help about documents please for ILR SET (M)

Post by CR001 » Sat May 29, 2021 10:24 am

Post by FarhanAkhtar83 » Sat May 29, 2021 11:23 am

Post by FarhanAkhtar83 » Sun May 30, 2021 8:51 am

Re: ILR Set (M) Document List Sanity Check

Post by CR001 » Sun May 30, 2021 8:54 am

Post by CR001 » Sun May 30, 2021 8:57 am

Post by FarhanAkhtar83 » Sun May 30, 2021 9:01 am

CR001 wrote: ↑ Sun May 30, 2021 8:57 am P60 is not required. Cover letter is not required. Her name not being on the mortgage is irrelevant. Housing report survey is not required. Photos of you together or with her friends are not required. Your cohabitation evidence needs to be spread evenly for every 3 to 4 months, in joint names or indivially addressed, from at least 6 different sources

Post by ariamus » Sun May 30, 2021 10:35 pm

Post by FarhanAkhtar83 » Mon May 31, 2021 8:39 am

ariamus wrote: ↑ Sun May 30, 2021 10:35 pm It was definitely 3 different sources unless the rules have recently changed.

Post by ariamus » Mon Jun 21, 2021 9:50 pm

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FLR(m) - Do I need to write a covering letter

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I'm applying for the FLR(m) (half-way through the 5-year route). Do me and my spouse need to write a covering letter explaining why we want to be in the UK and why we're making the application like we did with the spouse visa? I remember when we went from Spouse visa to FLR(m) we didn't the first time round, but I'm wondering if the Entry Clearance Officer would expect one the second time around.  

Hi, Sorry to be daft, but is it ILR you are applying for? as you mentioned that you already have gone through FLR(m) process once. I am also on spouse visa after which we applied for FLR(M) and now applying for ILR (Set M). We have written cover letter in at the time of spouse visa but not after that.  

You're not being daft! My partner did Fiance Visa overseas, got married in the UK, then we did spouse visa (or was it FLR(m)? The form says FLR at the top), and now we're doing round 2 of FLR(m). I was reading this guide https://www.migrate.org.uk/flr-m-2018/#what-is-a-flr-m-application and Step 8 says to write them. I think I'll just do them anyway just to be sure.  

Ok! Thanks- I was just confused f I'm applying rightly. So many different forms to pick and exhaustive list of documents to gather. Thanks  

You don't need a covering letter. Those are mostly useful for those who are applying for their initial visa as a couple, to give the ECO a more personal account of the relationship. It's not necessary for FLR(M), especially when you're proving you've been living together for the last 2.5 years, unless perhaps you have special circumstances which need to be explained (like moving out of the country or something).  

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