Migrants in the UK in various situations can apply for Indefinite Leave to Remain (ILR), also known as settlement. ILR confers the right to live in the UK without time limit, to work or study, and to receive state benefits to which the claimant is entitled. Generally, the right to ILR comes from having lived in the UK for a period of years, the period depending on the type of application.
Different types of settlement are applied for using different online application forms, and in this article we will look at form SET(O), which stands for “Settlement (Other)”.
The Home Office has published a list of the categories under which migrants must apply using the SET(O) form:
- Work permit holder
- Dependant of work permit holder
- PBS dependant
- Employment not requiring a work permit
- Self-employed lawyer
- Writer, composer or artist
- Tier 1 (Entrepreneur) migrant
- Tier 1 (Entrepreneur) migrant – accelerated route
- Tier 1 (Investor) migrant
- Tier 1 (Investor) migrant – accelerated route
- Tier 2 migrant
- UK ancestry
- Bereaved partner
- Other purposes not covered by other application forms
This is rather a mixed bag: some of these categories are current categories but some are old ones which have been abolished for new entrants, and in some cases probably there are no applicants left in that particular category.
The “other purposes not covered by other application forms” is a sort of catch-all provision that includes for example some applicants holding Discretionary Leave.
The fee for these settlement applications – at £2,389 – looks rather high. However, looking on the bright side, there is no IHS health surcharge fee to pay.
Processing times are typically four to six months but sometimes things take longer. It is however important to understand that however long it takes for the Home Office to process the application, the applicant retains their visa status and retains whatever rights and entitlements that status confers.
If you are in one of these categories, or if you need advice on which form to use for your settlement application, we at GSN Immigration will be able to give you detailed advice.
OISC Level 3 Immigration Adviser