# SET(M) Form Questions



## modzy78 (Jan 15, 2010)

I am filling out my SET(M) for an appointment on 4 October (exactly 28 days prior to my 1 November arrival date). There are a few points I am unsure of for my situation. I would appreciate any help.

1. I am most confused about section 3 (regarding children). We just gave birth to our first child (on the 3rd!). My husband is a native born British citizen, and I am American. So our daughter is a dual citizen who is not under immigration control.
a. I assume that I answer question 3.1, "Do you and your partner have any children together?" as Yes.
b. Would we would then need to complete question 3.6 with details about her? Of course, she currently has no travel documents because she isn't required to have them (and we haven't registered her yet to apply). So those would be N/A? Or is this section only for dependents applying for settlement?
c. The biggest confusion for me is because Section 3 seems to be for dependents applying for settlement, which doesn't apply to her. But she is our child, so it seems she needs to be included. Should I note this information in question 3.9, which is where further information is included? Is this the only place where I include her details, or does it need to also be in the earlier questions? The wording is a bit confusing to me.

2. In section 6, Biometric Residence Permits, I assume that I would answer question 7 as Yes because I had to give biometric data for my spouse visa application. I would then give details about where and approximately when I applied (I can't remember the exact date).

3. Section 7 asks for our previous addresses in the last 2 years. We've only had one address since my arrival. However, our appointment is technically more than 2 years before this date. Before my arrival, I was living with my mother, and my husband was living with his parents while our accommodation was being prepared. Should I list these addresses, or do they only want to know addresses since my date of arrival?

4. Section 8 asks for details about public funds that we are receiving. Currently, we aren't receiving any. But we will be applying for Child Benefit, since we are eligible. I see this is listed as relevant for the purposes of Immigration Rules. 
a. First, am I eligible to apply for this, or is it considered Public Funds?
b. Would it be best for us to hold off applying until after my appointment? I know we have up to 3 months to apply without losing any money. And if my visa status impacts our ability to get this money, it might be best to wait until my status changes.
c. If we do apply before my appointment, I doubt that we will receive any payments in the time frame before the 4th. So would we need to disclose these funds if we haven't received any? I don't know what the processing time is, so it's possible we might not even have received a decision yet.
I don't want to make any mistakes with this section because it could cause some major problems. And I don't want to apply for funds if I'm not eligible for them. But I am under the impression that all children (at list British ones) born in the UK are eligible for this. It would be beneficial to us, of course. 

I know there is a lot here, but I really want to make sure everything is ready to go so that a quick positive decision can be made. Thank you in advance to anyone who can offer any advice!


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## Joppa (Sep 7, 2009)

modzy78 said:


> I am filling out my SET(M) for an appointment on 4 October (exactly 28 days prior to my 1 November arrival date). There are a few points I am unsure of for my situation. I would appreciate any help.
> 
> 1. I am most confused about section 3 (regarding children). We just gave birth to our first child (on the 3rd!). My husband is a native born British citizen, and I am American. So our daughter is a dual citizen who is not under immigration control.
> a. I assume that I answer question 3.1, "Do you and your partner have any children together?" as Yes.
> ...


Tick yes in 3.1 and then enter her details in 3.6. Under nationality, enter British and US, and from this information it's clear that she isn't subject to immigration control (has right of abode as British citizen). Often you have to answer seemingly irrelevant questions, but the form is so designed that the right information for processing your application is contained on it. Otherwise they have to produce different forms for people in different circumstances. Under passport number, enter 'no passport held' and N/A for date of issue etc.



> 2. In section 6, Biometric Residence Permits, I assume that I would answer question 7 as Yes because I had to give biometric data for my spouse visa application. I would then give details about where and approximately when I applied (I can't remember the exact date).


Under Q1, answer No (you don't have a biometric residence permit).
Under Q7, answer yes and in the following give details about biometric information taken at the time of your visa application. If you don't remember the exact date, give it your best guess.



> 3. Section 7 asks for our previous addresses in the last 2 years. We've only had one address since my arrival. However, our appointment is technically more than 2 years before this date. Before my arrival, I was living with my mother, and my husband was living with his parents while our accommodation was being prepared. Should I list these addresses, or do they only want to know addresses since my date of arrival?


Give ALL addresses either or both of you lived during the last 2 years anywhere in the world. Dates must be consecutive without gaps. So your mother's, his parents' and your current address etc.



> 4. Section 8 asks for details about public funds that we are receiving. Currently, we aren't receiving any. But we will be applying for Child Benefit, since we are eligible. I see this is listed as relevant for the purposes of Immigration Rules.


Enter only those benefits you are actually applying for or getting at the point of application. If none, write none.



> a. First, am I eligible to apply for this, or is it considered Public Funds?


You can apply as your child is a dual British national.



> b. Would it be best for us to hold off applying until after my appointment? I know we have up to 3 months to apply without losing any money. And if my visa status impacts our ability to get this money, it might be best to wait until my status changes.


No need to wait. As you are eligible, just apply now.



> c. If we do apply before my appointment, I doubt that we will receive any payments in the time frame before the 4th. So would we need to disclose these funds if we haven't received any? I don't know what the processing time is, so it's possible we might not even have received a decision yet.
> I don't want to make any mistakes with this section because it could cause some major problems. And I don't want to apply for funds if I'm not eligible for them. But I am under the impression that all children (at list British ones) born in the UK are eligible for this. It would be beneficial to us, of course.


Just go ahead and apply. You are entitled to receive CB as your child is British.


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## modzy78 (Jan 15, 2010)

Thank you for your help! It's nice to know I'm on the right track!


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## hsh (Aug 29, 2013)

*3 Short Questions About SET(M) application*

I am an American citizen with temporary leave to remain in the UK as an unmarried partner. I am now applying for permanent leave to remain but I have three questions pertaining to the SET(M) application:

1. My partner and I have lived in two different residences in London over the past 2 years. Do we need to show a total of 6 documents in our (combined) names TOTAL over the two years (ie 3 documents from the first address and 3 from the second) or do we need to show 6 documents (or the equivalent of double individual docs coming in each of our separate names) for EACH residence?

2. I am a recently-graduated PHD and travel a great deal for research purposes. For much of the past two years, I have had to be in NY completing a postdoctoral fellowship. The application says we need to show ‘proof of staying in touch’ if I have not lived with him the entire past two years. What documentation is needed to show that we stayed in touch? The application says phone records suffice, but the majority of our communication takes place via Skype and Facebook, and sometimes long distance calling cards. Do I need to show Skype and Facebook records, and if so, how do we keep private the content of our conversations?

3. My partner owns his own social enterprise and so his finances are somewhat unpredictable. I earn more money, but my main income comes from the US right now. What documentation is needed to prove our income and finances? Will my US bank account details suffice (to show I am earning $42,000 per year)? In addition to showing his bank account details, can documentation of his property ownership be used to show that he has assets and thus be proof that we won’t use public benefits?

Thanks for your help.


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## next467 (Sep 8, 2013)

*SET M section 3 queries*

Hi I need some advice on completing section 3 of the Set M form.
I am currently here on a 2 year spouse visa and applying for ILR. section 3 is a little confusing.
3.1 Do you and your partner have any children together? = NO
3.2 Do you have any children whose parent is not your partner? = YES
3.3 Does your partner have any children living in the UK from a previous marriage? = YES
3.4 If you have answered yes to 3.3 Are any of these children subject to immigration control? = No
(my child is not to be included in this application)
Do I need to complete details in section 3.6 (Do you and/or your partner have any children)? even though none of the children are to be included within this application. My partners children are british. 
Thanks


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