SET(O) GUIDANCE NOTES Version 04/2014 If you wish to apply for indefinite leave to remain in the UK on form SET(O), please read these guidance notes and the separate UK Visas and Immigration photograph guidance before making your application. CONTACTING US OUR WEBSITE www.gov.uk/government/organisations/uk-visas-and-immigration For information about immigration law and policy, the services offered by our Premium Service Centres, and to see and download application forms and related guidance. OUR PREMIUM SERVICE CENTRES Our Premium Service Centres are for premium service applications only. Their addresses and opening times are given below. For details of the services and facilities provided by each of the Premium Service Centres, please go to our website. BELFAST CARDIFF CROYDON GLASGOW LIVERPOOL SHEFFIELD SOLIHULL Drumkeen House General Buildings Lunar House Festival Court The Capital Vulcan House Dominion Court 1 Drumkeen Ground Floor 40 Wellesley Road 200 Brand Street Building , 6 Millsands 41 Station Complex 31-33 Newport Croydon Govan 6 Union Street Sheffield Road Upper Galwally Road CR9 2BY Glasgow Liverpool S3 8NU Solihull Belfast Cardiff G51 1DH L3 9AF Birmingham BT8 6TB CF24 0AB B91 3RT Monday to Monday to Monday Monday Tuesday, Monday to Friday Thursday to Friday to Friday Monday Thursday & Friday 8.00 - 4.00 8.30 - 4.30 8.30 - 4.00 9.00 - 4.00 to Friday Friday 9.00 - 4.00 Friday 9.00 - 4.00 9.00 – 4.00 8.30 - 4.00 GUIDANCE NOTES 1 FOR WHICH APPLICATIONS MUST YOU USE - writer, composer or artist FORM SET(O)? - Tier 1 (General) migrant Form SET(O) must be used if you are applying for - Tier 1 (Entrepreneur) migrant indefinite leave to remain in one of the following - Tier 1 (Entrepreneur) migrant - Accelerated categories or routes: route - work permit holder - Tier 1 (Investor) migrant - work permit holder - dependant - Tier 1 (Investor) migrant - Accelerated route - PBS Dependant - Tier 2 migrant - employment not requiring a work permit - UK ancestry - businessperson - bereaved partner - innovator - other purposes/reasons not covered by other - investor application forms - highly skilled migrant - highly skilled migrant under the terms of the You and any dependants applying with you must HSMP indefinite leave to remain (ILR) judicial be in the UK to apply. review policy document You must not use this form to make asylum or - self-employed lawyer similar claims - see next page. Set (0) Guidance Notes (Version 04/2014) - Page 1 of 7 You must not use this form ukba.homeoffice.gov.uk/sitecontent/documents/ policyandlaw/modernised/cross-cut/knowledge-of- - to make an application for asylum or life/kol.pdf?view=Binary international protection (this includes an application for humanitarian protection or an The categories which are not subject to this Article 3 European Convention on Human Rights requirement are the following: ; bereaved partner; (ECHR) application made on protection grounds). and highly skilled migrant under the terms of the or HSMP indefinite leave to remain (ILR) judicial - to make further submissions on asylum review policy document. or human rights grounds after the refusal or 3 WHO MAY APPLY ON THIS FORM? withdrawal of an earlier asylum or human rights You and your partner and/or children under claim. 18 if they are applying as your dependants (if allowed by the relevant immigration rules - see 2 QUALIFYING FOR INDEFINITE LEAVE TO below).“Partner” means a spouse, civil partner, REMAIN unmarried or same-sex partner. To qualify for indefinite leave to remain in the Children aged 18 or over may not be included; they categories of the Immigration Rules for which must each apply individually and pay the specified you must use form SET(O), you must meet the fee, as must any children under 18 if there is some requirements set out in the following parts of the reason preventing them from applying with you. Rules: Part 5 work permit holder, work permit holder 4 THE FEE - dependant. highly skilled migrant*, employment - Standard fees not requiring a work permit, UK ancestry - Council of Europe Social Charter (CESC) fees Part 6 businessperson, innovator, investor, and The fees for nationals of countries which ratified the writer, composer or artist 1961 Council of Europe Social Charter (CESC), ie Part 6A Tier 1 migrant, Tier 2 migrant Croatia, FYR Macedonia or Turkey, are different but only if they are applying under the following Part 8 bereaved partner, PBS dependant. categories or routes: The full Immigration Rules are on our website. - work permit holder * If you applied successfully under the highly - highly skilled migrant (of either kind) skilled migrant programme (HSMP) before 3 April - Tier 1 (General) migrant 2006, your application for indefinite leave to - Tier 1 (Entrepreneur) migrant remain will be considered under the terms of the - Tier 2 migrant. HSMP indefinite leave to remain (ILR) judicial For applications made in person at a Premium review policy document. Service Centre, the total fee includes a £100 From 28 October 2013, in order to qualify for appointment fee, which may be retained should indefinite leave to remain, all applicants aged the applicant fail to attend their appointment 18-64 must meet the two parts of the Knowledge without good reason. of Language and Life requirement by: Please note the following: • passing the Life in the UK test, - Please note that when making large or multiple And one of the following language qualifications: payments using your credit card, the anti-fraud • having a speaking and listening qualification measures that banks operate sometimes stop the in English at B1 level or above of the Common full payment being taken. This is can happen for European Framework of Reference for Languages a number of reasons. To prevent this you may (CEFR),or inform your bank of your intention to make large or multiple payments in advance so that your having a degree that was taught or researched in bank allows the full payment to be taken when you English, or submit your application. being a national of an English-speaking country. - Please be aware that not all banks offer this Guidance regarding the KOLL requirement service. can be found on our website at http://www. - If you do not pay the specified fee, the application Set (0) Guidance Notes (Version 04/2014) - Page 2 of 7 will be invalid and will be returned to you. HSMP indefinite leave to remain judicial review - We will not refund the fee if we refuse the policy document. Those terms apply only if application or if you withdraw it. you applied successfully under the highly skilled migrant programme (HSMP) before 3 April 2006. For information about methods of payment, please All other highly skilled migrant applications are see the payment details guidance on page 2 of subject to the 5-year period. the form. For more information about the current fees, There is no qualifying period in the bereaved please go to our website. partner category. 5 WHEN TO APPLY 6 MAKING SURE YOUR APPLICATION IS VALID You and any dependants applying with you should apply before the end of your/their permitted stay in Paragraphs 34-34I of the Immigration Rules specify the UK. certain requirements with which an application on a form specified for the purpose of the Rules must There is a qualifying period to complete in most of comply. To make a valid application, you must: the categories on this form. It runs either from - apply on the current version of form SET(O) - the date on which you entered the UK with a visa - pay the specified fee by one of the methods in the relevant category; or, if you did not enter specified in the payment guidance. the - provide photographs of yourself and any UK with such a visa, from depend- ants who are applying with you as specified in - the date on which you were first granted permis- the application form sion to remain in the UK in the relevant category. - complete section 7 (Personal History) as If you entered the UK with a visa several weeks or required more after the date from which it was valid for use, - sign the declaration in section 13. you may need to apply for an extension of stay to - send the application by prepaid post or, complete the relevant qualifying period. if permitted, by courier to UK Visas and Please do not apply more than 28 days before Immigration, or make it in person at a Premium completing the qualifying period. If you apply Service Centre if the premium service is earlier than that, your application may be refused. available. If that happens, we will not refund the fee and you If you fail to do any of these things, your application will have to pay again when reapplying. will be invalid and we will return it to you. This The qualifying periods are as follows: could result in the loss of appeal rights if your 5 years In the work permit holder, employment permitted stay has run out by the time you make a not requiring a work permit, businessperson, valid application. innovator, investor, self-employed lawyer, writer, 7 ENSURING YOUR APPLICATION IS composer or artist, UK ancestry, Tier 1 and Tier 2 categories or routes. COMPLETE 3 years in the Tier 1 (Entrepreneur) - accelerated You do this by completing every relevant route. Applicants must ensure that they qualify section of the form as required and providing for the accelerated route before submitting an all the documents specified for your particular application for indefinite leave to remain on that application, including your passport and those basis. of any dependants applying with you.