Set O Form: UK ILR Application Explained

set o

IN THIS SECTION

UK indefinite leave to remain is not automatically granted. Strict eligibility criteria must be met and evidenced as part of the Home Office application, which includes completing the relevant form and submitting supporting documentation. Set O is the form used by individuals applying for ILR who are currently in the UK under one of a number of specified immigration routes.

With ILR, an individual gains the right to live, work and study in the UK free from immigration restrictions for an unlimited period of time. Importantly, ILR is a mandatory prerequisite to naturalising as a British citizen.

The SET O form is long. It requires you to answer questions about yourself, your immigration status as well as related information about your eligibility. Any errors in your application can cause issues such as a delayed or refused application.

In this guide, we explain what the SET O form is and how best to prepare your ILR application.

 

What is form SET O?

 

Officially known as form SET(O), it is the application form used for applying for ILR in the UK under various work and business-related immigration categories. Set O is specifically for individuals who are already in the UK under eligible visa categories and who meet the requirements for settlement.

The “(O)” in SET(O) stands for “Other”, meaning it covers work and business-related categories not covered by other ILR forms, such as:

 

  • SET(M) for partners and parents of British citizens or settled persons.
  • SET(AF) used by former members of HM Armed Forces.
  • SET(DV) used by victims of domestic violence applying for ILR. SET(M) (used for family and spouse visa applications).

 

 

Applying for ILR using SET O

 

SET O is to be used by ILR applicants who currently have leave in the UK as follows:

 

Category Brief Description
Work Permit Holders Granted leave under pre-PBS (Points-Based System) work permit schemes.
PBS Dependants Dependants of individuals under previous Tier 1, Tier 2, or other PBS categories.
Employment Not Requiring a Work Permit Includes UK Ancestry visa holders who have lived and worked in the UK for five years.
Businesspersons and Self-Employed Lawyers Individuals who have run a business or practiced law in the UK under relevant schemes.
Innovators Applicants under the Innovator Founder visa route who meet ILR requirements.
Investors Previous Tier 1 (Investor) category, including those eligible under the accelerated ILR route.
Tier 1 (Entrepreneur) Migrants Individuals who entered under the previous Tier 1 (Entrepreneur) route, including those eligible for accelerated ILR.
Writers, Composers, and Artists Those recognised in their field who have lived in the UK under this category.
Tier 2 Migrants Skilled Worker visa holders under the previous Tier 2 system who have met residence requirements.
UK Ancestry Visa Holders Commonwealth citizens with UK-born grandparents who have worked in the UK for five years.
Sole Representatives of Overseas Businesses Employees of an overseas company sent to establish a UK branch who have met ILR criteria.
Retired Persons of Independent Means Individuals who were previously allowed to settle in the UK due to independent financial means.
Highly Skilled Migrant Programme (HSMP) Participants Those granted leave under HSMP and covered by transitional ILR arrangements.
Bereaved Partners Spouse or partner of a deceased British citizen or settled person who was living in the UK at the time of death.
Other Categories Not Covered by Other Application Forms Any other category eligible for ILR that does not have a separate application form.

 

 

ILR eligibility requirements

 

When making your application, your immigration status must be valid and you will need to have completed the relevant qualifying period as required under your immigration status.

This is five years for most routes, such as Tiers 1 and 2, employment not requiring a work permit, as an overseas business representative, through UK ancestry and retired person with independent means.  3 years in the Tier 1 Entrepreneur or Exceptional Talent accelerated route, or 2-3 years in the Tier 1 investor accelerated route if the level of investment is acceptable.

For bereaved partners, there is no qualifying period to adhere to.

Your visa qualifying period is valid from the moment you enter the UK.

You should apply no more than 28 days before completing your qualifying period.

To qualify for indefinite leave to remain, if aged between 18 and 64, you will need to meet both parts of the knowledge requirements: you will be required to pass the Life in the UK test and either have a recognised English speaking and listening qualification, a degree that was taught or researched in English or be a national of an English speaking country.

 

Making an ILR Application using Form Set (O)

 

ILR applications are time sensitive. You must apply before your current leave expires and while you are still in the UK. You should not apply more than 28 days before the end of your current leave or your application may be rejected. In this instance, the fee is non-refundable. You would need to make a new application and pay the fee again at the correct time.

If there are delays due to filing at the wrong time, there is a risk of running out of time to apply and having to leave the UK. Any delays caused by filing at the wrong time will also lead to you losing the right to appeal.

There may be extenuating circumstances that will be considered for an appeal, or you may be able to extend your current leave, but this will be subject to circumstances and again is time sensitive.

Applications are made online.

Tier 1 entrepreneur and investor applicants are not eligible to apply using the premium service.

Section 1 is for all your personal details, name, date of birth, address, passport number , etc.Along with this you will need to provide your current and valid passport or travel documents and 2 colour passport sized photographs of each applicant with names clearly written on the back, amongst other evidence.

Section 2 is for any dependents that you are including on the application. Make sure you fill out all the details fully. You will need original copies of birth/adoption certificates.

You will then need to check the box that applies to your specific reason for application, such as work permit holder or long residence in the UK. It is important that you check the correct box for you and complete all sections that relate to your category. If you are unsure which category you are applying under, your legal advisor will be able to assist you. Any existing visas will need to be sent with the form and letters from employers etc.

In section 4 you will be asked about your knowledge and life in the UK. For this section your qualifications, such as your pass certificate for the life in the UK test and any relevant English Language qualifications will be required as supporting evidence.

The next part of the application will ask you about your home and finances, whether you own or rent, where you get your income from, if you are in receipt of any benefitsetc.Relevant supporting documents would include recent personal bank statements, mortgage payments, wage slips, HMRC documents, letters from family members who are supporting you financially and benefit statements.

Section 6 will ask you about your absences from the UK. In this section you also need to state the date you first entered the UK for the qualifying period that you are claiming for. You must provide all details of any absences, no matter how short. Dates and reasons for absence are required.  Reasons may include work related reasons, which you will be required to show evidence, such as a letter from your employer, travel documents for annual leave and letters for compassionate reasons such as a sick/dying relative.

The personal history section is for any declarations of convictions, cautions and arrests. It is important to be completely honest in this section and declare even spent convictions. The reason for this section is to check that you are of good character. You may need to include police registration certificates if you have them.

You will also need supporting documentation to prove your status relevant to the category you are applying under.  So for example a long residence applicant (14 years or more) would need all passports held during this time, Doctor’s letters, council tax, utility bills, National Insurance and Tax contributions made, Employer letters, Department for work and pensions letters, full birth certificate, mortgage or rent agreements and any other relevant documents to support your application.

This list is by no means exhaustive, but your legal advisor will be able to help you ensure you have all the relevant and required documents to support your application.

 

Common pitfalls when completing Form Set O

 

Given the extensive documents that must be collated, it can be easy to overlook the basics when completing form Set O. But getting these wrong can result in delays or even refusal of your application. Here are some common yet basic areas to check before you submit form Set O:

 

Wrong ink and no signature 

The form must be completed in black ink and must be signed by you and your representative.

 

Your representative not completing their section 

Your representative needs to complete the section with their details. Failure to do this will result in your application being rejected.

 

Use the most up to date version of the form

Always make sure that you have the current form that is in use, if you have had your form for a while, check that it is still the current version, and print off a new one if it isn’t.

 

Not paying the correct fees

All fees must be paid at the correct times. For example, biometric testing fees are payable at the post office when you apply, not with your application. You need to also ensure that the correct fees are paid, otherwise your application will be returned to you minus a £25 admin charge and this could lead to unnecessary delays.

 

Supporting documents 

Not including all required supporting documents in their original format will lead to your application being rejected. If you are unable to supply a document in its original form, you will need to get a signed copy and send a letter of explanation with it. For example, a printed off bank statement would need to be officially signed and dated by the bank.

 

Having accurate information 

Incorrect information on an application form will lead to an immediate rejection and could affect your chance of appeal. Likewise any missing information would do the same. One of the common errors people make is not filling in all the sections that are relevant to them. Check that you have filled in ALL relevant sections, ask your solicitor to double check it before sending.

 

Leaving it too long before applying 

Another common mistake is leaving it too long before applying. You must not overstay your leave and still be residing in the UK at the time of application. However, you cannot apply more than 28 days before your current leave is up.

 

How long is ILR processing?

 

ILR applications can take around six months to be processed. Fast-tracked processing may be available for an additional fee. You will be advised if you are eligible for the priority processing when you make your application.

 

Need assistance?

 

There are strict requirements you must meet to qualify to apply for UK settlement using the Set O form. 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 O Form FAQs

 

What is the Set O form used for?

The Set O form is used to apply for Indefinite Leave to Remain (ILR) in the UK for individuals who have been living under certain work, business, or other long-term visa categories.

 

Who can apply using the Set O form?

Applicants who have completed the qualifying residence period under visas such as Skilled Worker, Innovator, Global Talent, or UK Ancestry can use the Set O form to apply for settlement.

 

What are the eligibility requirements for Set O?

Applicants must meet the residency requirement (usually five years), show proof of continuous lawful residence, meet the English language and Life in the UK test requirements, and not have breached immigration conditions.

 

What supporting documents are needed?

Documents may include a passport, proof of residence, employment or business records, bank statements, and evidence of meeting the Knowledge of Language and Life in the UK requirements.

 

How long does it take to process a Set O application?

Standard processing times can take up to six months. A priority service (five working days) or a super priority service (next working day) may be available for an additional fee.

 

What happens if my ILR application is refused?

If your application is refused, you may be able to request an administrative review or submit a new application addressing the reasons for refusal. In some cases, legal advice may be required.

 

Can dependants apply on the same Set O form?

Eligible dependants (partners and children under 18) can be included in the same application, provided they meet the residence requirements.

 

Do I need to provide biometric information?

Yes, all applicants must attend a UKVCAS appointment to provide fingerprints and a photo as part of the biometric enrolment process.

 

What happens if I travel while my ILR application is pending?

Leaving the UK while your ILR application is being processed will result in the application being withdrawn automatically.

 

Is Indefinite Leave to Remain permanent?

ILR grants permanent residency, but it can be lost if you spend more than two years outside the UK. To avoid this, individuals can apply for a returning resident visa if they plan to re-enter the UK.

 

Glossary

 

 

Term Definition
SET(O) Form The application form used for individuals applying for Indefinite Leave to Remain (ILR) in the UK under specific work and business-related categories.
Indefinite Leave to Remain (ILR) A form of permanent residency that allows individuals to live and work in the UK without time restrictions.
Work Permit Holder An individual who was granted leave under pre-Points-Based System (PBS) work permit schemes.
PBS Dependant A family member of a person granted leave under the Points-Based System (Tier 1, Tier 2, etc.).
Tier 1 (Entrepreneur) Migrant A previous visa category for individuals who set up or took over a UK business and created jobs.
Tier 1 (Investor) Migrant A previous visa category for high-net-worth individuals investing a significant amount in the UK.
Tier 2 Migrant A visa category for skilled workers sponsored by a UK employer.
UK Ancestry Visa A visa for Commonwealth citizens with a UK-born grandparent, allowing them to work in the UK.
Innovator Founder A visa route for entrepreneurs looking to establish an innovative business in the UK.
Sole Representative An individual representing an overseas business establishing a UK branch.
Bereaved Partner A spouse or partner of a deceased British citizen or settled person who was living in the UK.
Highly Skilled Migrant Programme (HSMP) A now-closed scheme for highly skilled workers seeking to live and work in the UK.
Businessperson Route A category for self-employed professionals, including investors and entrepreneurs.
ILR Accelerated Route A fast-track option for certain visa holders who meet higher investment or business success criteria.
Employment Not Requiring a Work Permit Includes visa holders under routes such as UK Ancestry or those with certain diplomatic statuses.
Retired Person of Independent Means A now-closed route for individuals with sufficient financial resources to live in the UK.
Good Character Requirement A requirement for ILR applicants to show they have complied with UK laws, including tax and immigration rules.
Continuous Residence The requirement that applicants have lived in the UK lawfully for a specified period without excessive absences.
Life in the UK Test A mandatory test for ILR applicants assessing knowledge of British history, culture, and values.
English Language Requirement Applicants must prove proficiency in English via an approved test or qualification.

 

Author

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

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Read more about DavidsonMorris here

 

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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