SET (O) - Section 6 - early response requested

Dear Sir/Madam,

Thank you for your enquiry.

Before we can assist you any further, you will need to provide the
following information:

On what visa basis do you intend to submit a SET(O) application?

Alternatively, please contact the Immigration Enquiry Bureau on 0870 606
7766 for assistance.

Yours Faithfully,

Wayne Fairweather
Immigration Group
UK Border Agency

If you intend to reply to this email please ensure that you re-send all
the information from your original enquiry.

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Thank you for contacting the UK Border Agency.

We aim to respond to general enquiries about immigration matters within five working days.

You do not need to re-send your enquiry, or reply to this message.

You will not receive another response if your enquiry is about one of the following subjects, and the information you require is provided below.

1. Outstanding Applications

2. Return of Documents

3. Public Enquiry Office Appointments

4. Biometric Identity Cards

5. Points Based System - Tier 1 (Post Study Work), Tier 1 (General), Sponsorship

6. Students - Extension, Work, Changing university or course, Course fees

7. Marriage to a British or Settled Person - Fianc�(e), COA, FLR(M), SET(M)

8. UK Ancestry

9. Working Holidaymakers - Employment, Switching to PBS Categories

10. Child born in the UK

11. Settlement - Knowledge of Language & Life in the UK

12 . EEA Applications - EEA nationals and non-EEA family members

13. New Passport - Transfer of Conditions or No Time Limit

14. Report an immigration offence

We hope that this information will be of assistance to you.

1. Outstanding Applications

We are unable to respond to enquiries about outstanding applications by e-mail. UK Border Agency will contact you if further information is required to complete your application. We aim to complete 90% of all charged applications within 14 weeks of receipt. If you sent your application by Recorded or Special Delivery, its receipt can be confirmed on the Royal Mail website at: http://www.royalmail.com/portal/rm <BLOCKED::BLOCKED::http://www.royalmail.com/portal/rm>

If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. If your existing visa or other permission to stay here allows you to work, you can continue to do so until your case is decided.

2. Return of Documents

If you require the urgent return of your documents, please contact the Immigration Enquiry Bureau on 0870 606 7766. However please note that return of the applicant's passport submitted in support of a non-EEA application, for travel outside the United Kingdom, will lead to the application being withdrawn. We aim to return requested documents within 10 working days.

3. Public Enquiry Office Appointments

Please telephone the Immigration Enquiry Bureau on 0870 606 7766 to make an appointment at one of the following Public Enquiry Offices:

Croydon Public Enquiry Office, Lunar House, 40 Wellesley Road, Croydon CR9 2BY

Birmingham Public Enquiry Office, Dominion Court, 41 Station Road, Solihull, Birmingham B91 3RT

Liverpool Public Enquiry Office, Reliance House, 20 Water Street, Liverpool L2 8XU

Glasgow Public Enquiry Office, Festival Court 1, 200 Brand Street, Govan, Glasgow G51 1DH

Sheffield Public Enquiry Office, Vulcan House, Orchard entrance, 6 Millsands, Sheffield S3 8NU

The opening times for the Public Enquiry Offices are:

Croydon : 8am - 4pm (Monday to Friday)

Birmingham, Liverpool, Glasgow, Sheffield : 9am - 4pm (Monday to Friday)

Please note, appointments can only be booked by telephone on the above number. If you are unable to secure an appointment, you should send your application by post to the address on the form before your current leave to remain expires. Application forms can be downloaded from the UK Border Agency website at: www.ukba.homeoffice.gov.uk <http://www.ukba.homeoffice.gov.uk/>

4. Biometric Identity Cards

From 25th November 2008, UK Border Agency will start issuing identity cards to foreign nationals from outside the European Economic Area (EEA) and Switzerland who are given permission to extend their stay in the United Kingdom as students and their dependants, on application form FLR(S), or on the basis of marriage or partnership with a British or settled person and their dependants, on application form FLR(M).

Foreign national identity cards for all those from outside the EEA and Switzerland who are coming to the UK for more than six months, or extending their stay in the UK in other categories, will be phased in over the next three years.

Detailed information about the identity cards can be found on the UK Border Agency website at: http://www.ukba.homeoffice.gov.uk/managi...

5. Points Based System

Tier 1 (Post Study Work) - General Information

The International Graduates Scheme and Fresh Talent: Working in Scotland Scheme were replaced by Points Based System Tier 1 (Post Study Work), with effect from 30th June 2008.

You will need to complete a self-assessment before you complete the application form, in order to calculate the points you can claim for Attributes, English Language and Maintenance requirements. Full details of the requirements and the Points Based Calculator tool for self-assessment are available on the UK Border Agency website at: http://www.ukba.homeoffice.gov.uk/workin...

You can check on the Points Based Calculator tool whether the course you are studying will earn sufficient points to qualify for leave to remain in the UK under Tier 1 (Post Study Work).

If you score sufficient points to make an application, you will be able to complete and submit application form Tier 1 (Post Study Work), which is available on the UK Border Agency website.

One of the required documents is your original certificate of award. However, if you are unable to provide it because it has not yet been issued, you may submit your application without it. However, the letter from your academic institution must include additional information explaining your individual circumstances.

If your application is successful, you will be granted two years leave to remain in the UK during which time you will be free to seek employment without having a sponsor.

If you are outside the UK and you wish to make an application for Entry Clearance, please contact the British Diplomatic Post (the High Commission, Embassy or Consulate) where you will be submitting your application for information.

Contact details for British Diplomatic Posts can be found on the Foreign & Commonwealth Office website at:

http://www.fco.gov.uk/servlet/Front?page... <BLOCKED::BLOCKED::http://www.fco.gov.uk/servlet/Front?page...>

Alternatively, you can visit the comprehensive website of the UK Border Agency International Group at www.ukvisas.gov.uk <BLOCKED::BLOCKED::outbind://16/www.ukvisas.gov.uk>

You will be able to apply to switch from Tier 1 (Post Study Work) to Work Permit (Tier 2 when implemented), or Tier 1 (including General, Investor, Entrepreneur), or Student (Tier 4 when implemented). However please note, time spent in the UK in the Tier 1 (Post Study Work) category does not count towards the qualifying period for Indefinite Leave to Remain.

Tier 1 (Post Study Work) - IGS - Transitional Arrangement

If your leave to remain on the basis of IGS or SEGS expired before 30th June 2008, you will not be eligible to apply for an extension under Points Based System Tier 1 (Post Study Work).

If you have valid leave to remain under IGS or SEGS on or after 30th June 2008, you will be able to apply to extend your permission to stay in your existing category. You will not be required to meet the points requirement if you are applying under this transitional arrangement. You can apply under these transitional arrangements at any time from 30th June 2008. If your application is successful you will receive an extra year from the date your visa is due to expire. You will need to use application form Tier 1 (Post Study Work), which is available on the UK Border Agency website at:

http://www.ukba.homeoffice.gov.uk/workin...

These applications must be submitted by post only, and cannot be processed in the Public Enquiry Offices.

If your application is successful you will be granted further leave to remain, up to a combined total of two years in your existing category and the Post Study Work category, during which time you will be free to seek employment without having a sponsor.

Please note, you cannot make an application under these transitional arrangements if you are not in the UK.

You will be able to apply to switch in the UK from Tier 1 (Post Study Work) to Tier 1 (General, Investor or Entrepreneur), or Work Permit employment (Tier 2 when implemented), or Student (Tier 4 when implemented). However please note, time spent in the UK in the Tier 1 (Post Study Work) category does not count towards the qualifying period for Indefinite Leave to Remain.

Tier 1 (General)

The Highly Skilled Migrant Programme has been replaced by Points Based System Tier 1 (General) - Highly Skilled Workers. You will be able to apply to switch to Tier 1 (General) in the UK if you currently have leave to enter or remain in one of the following categories: Highly Skilled Migrant Programme, Fresh Talent: Working in Scotland Scheme, International Graduates Scheme (IGS), Innovator, Post Graduate Doctor or Dentist, Student, Student Nurse, Student re-sitting an exam, student writing up a thesis, work permit holder, business Person, Self-employed Lawyer, Writer, Composer or Artist, Tier 1 (Entrepreneur), Tier 1 (Investor), Tier 1 (Post Study Work). If you are currently in the UK in any other category, you will need to leave the UK and apply for Entry Clearance in this category.

You will need to complete a self-assessment before you complete the Tier 1 (General) application form, in order to calculate the points you can claim for Attributes, English Language and Maintenance requirements. Full details of the requirements and the Points Based Calculator tool for self-assessment are available on the UK Border Agency website at: http://www.ukba.homeoffice.gov.uk/workin...

If you score sufficient points to make an application, you will be able to complete and submit application form Tier 1 (General), which is available on the UK Border Agency website. These applications must be submitted by post only, and cannot be processed in the Public Enquiry Offices. Details of the fee payable for this application and required documents are included in the application form and guidance notes.

If your application is successful, you will be granted a maximum of three years leave to remain in the UK. During this time, you can seek employment without a sponsor or set up a business in the UK. You will not be able to take employment as a doctor in training, unless you previously held leave to enter or remain in the UK as a Highly Skilled Migrant, Postgraduate Doctor/Dentist, Innovator or Tier 1 (General) Migrant and you were not subject to a condition prohibiting employment as a doctor in training.

If you are outside the UK and you wish to make an application for Entry Clearance, please contact the British Diplomatic Post (the High Commission, Embassy or Consulate) where you will be submitting your application for information.

Contact details for British Diplomatic Posts can be found on the Foreign & Commonwealth Office website at:

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Alternatively, you can visit the comprehensive website of the UK Border Agency International Group at www.ukvisas.gov.uk <BLOCKED::outbind://16/www.ukvisas.gov.uk>

Tier 1 (General / Post Study Work / Entrepreneur) - Maintenance

When applying for Tier 1 (General, Post Study Work or Entrepreneur) from within the United Kingdom, applicants are required to submit documents showing they have had savings of at least �800 for at least three months before applying.

If they are including dependants in their application, or applying separately for dependants, they will need to show additional savings of �533 for each dependant. If the main applicant is outside the UK, or has been present in the UK for less than 12 months, each dependant must show that the main applicant or they themselves have at least �1,600 to support themselves.

The balance must be maintained at or above the required amount throughout the whole of the three month period. If it has dipped below the required balance at any time during the three month period, the maintenance requirement will not be met and you are not eligible to make an application.

Useful information on how to meet the maintenance requirements for PBS applications and details of the required documents can be found on the UK Border Agency Website at:

http://www.ukba.homeoffice.gov.uk/workin...

Sponsorship

Under the Points Based System (PBS), every migrant from outside the UK (except Tier 1 highly skilled workers) will need a Certificate of Sponsorship from a sponsor on the UK Border Agency's Sponsors Register in order to obtain a visa.

For further information regarding the Points Based System and Sponsorship, please visit the UK Border Agency website at:

http://www.ukba.homeoffice.gov.uk/managi...

6. Students

Extension of stay

Persons who are seeking an extension of stay as a student will be required to show that:

� they were last admitted to the UK with a valid student or prospective student entry clearance

� they were last granted leave to re-sit an examination

� they have valid leave as a student

� they have been accepted on a course of study at degree level or above and were last granted leave as a students union sabbatical officer, work permit holder, under the Science and Engineering Graduates Scheme (or its successor the International Graduates Scheme) or the Fresh Talent: Working in Scotland Scheme

Further information and the FLR(S) application form are available on the UK Border Agency website at:

http://www.ukba.homeoffice.gov.uk/studyi...

Students - Work

Unless their visa states otherwise, a person who holds a valid student visa for 6 months or more may undertake employment for:

� 20 hours per week during term time

� Full time during vacation periods

A student must not engage in business, self-employment or the provision of services as a professional sports person or entertainer. A student is not permitted to pursue a career by filling a permanent full-time vacancy.

You can continue working full time when your studies are completed for a period of four months or until your visa expires, whichever is sooner, whilst waiting for your examination results, prior to attending your graduation ceremony or before commencement of your new course.

If you are encountering difficulty, the UK Border Agency runs a dedicated helpline for potential employers designed to give advice regarding immigration and employment. Please pass this information to your potential employer and ask them to call: 0845 010 6677.

Students - Changing university or course

If you already hold a student visa you can change your course or university as long as the new course still meets the following immigration requirements:

Full time course, 15 hours per week daytime study, Studying towards a recognised qualification, Studying at a recognised institution.

You will need to advise the UK Border Agency of this change in writing to:

Notifications Team, Compliance Team South, 8th Floor, Lunar House, 40 Wellesley Road, Croydon CR9 2BY.

Students - Course Fees

Please contact your Educational Establishment or Local Education Authority for information about whether you are considered an overseas or home student.

7. Marriage to a British or Settled Person

The fianc�(e) visa is issued for a 6 month period, during which time you would be expected to finalise your wedding plans and marry. Employment is prohibited under this visa. Once the marriage has taken place, you will need to apply for further leave to remain as a spouse on application form FLR(M).

The spouse visa is for a probationary period of 2 years, during which time you will be able to work without restriction. You will be able to apply for indefinite leave to remain in the United Kingdom no more than 28 days before this visa expires, on application form SET(M).

If the spouse visa was obtained overseas, you can submit an application for indefinite leave to remain 23 months after entering the UK. However, if your entry was delayed by up to 3 months after the issue of your visa, and your visa expires before you have completed 23 months from the date of entry into the UK, you should submit a SET(M) application by post before your visa expires. The application will be placed on hold until the qualifying period has been completed. Alternatively, you can submit an FLR(M) application and, if you meet the requirements for this application, you will be granted a further period of leave to enable you to complete the probationary period.

If you delayed your travel by more than 3 months, you will need to submit an FLR(M) application. If you meet the requirements for this application, you will be granted a further period of leave to enable you to complete the probationary period.

If you did not enter the UK with Entry Clearance as a Fianc�(e) or Marriage Visitor, you may need to obtain a Certificate of Approval in order to marry. Information about the Certificate of Approval can be found on the UK Border Agency website at:

http://www.ukba.homeoffice.gov.uk/visiti...

8. UK Ancestry

A person needs to complete 5 years under the UK Ancestry visa prior to applying for Indefinite Leave to Remain. An application will normally be successful if it can be satisfactorily demonstrated that the applicant meets the requirements of the rules and has spent a continuous period of 5 years in the United Kingdom in this capacity. For this, the application form SET(O) is required.

The earliest you may submit an application for Indefinite Leave to Remain is up to 28 days before the completion of your 5th year.

In order to apply for an extension on your UK Ancestry visa to allow you to complete 5 years in this capacity, the application form FLR(O) is required. With this application you will be required to provide your full birth certificate, full birth certificates for your parent and British born grandparent and, where necessary to establish the relationship, marriage certificates and/or adoption papers.

The Immigration Rules do not allow a person to switch in the UK from another category into UK Ancestry or dependant of a person holding UK Ancestry. In both cases, Entry Clearance must be obtained.

9. Working Holidaymakers - Employment

Working Holidaymakers must not intend to spend more than 12 months of their stay in employment, and must intend to spend the rest of their stay holidaying. You may not engage in business or provide services as a professional sports person and you may only engage in work for a maximum period of 12 months in total throughout your stay. You may choose when to work and when to take your holiday breaks as you wish, but those who exceed the maximum 12 month period of work permitted will be in breach of their conditions. The following guidance should be used in order to calculate the total period to be spent in permitted work

As an employee:

The maximum 12 months period of permitted work is calculated on the basis of the total period spent in employment (including weekends and any leave of absence, e.g. sick leave, annual leave and public holidays that occur during a period of employment), not on the basis of the actual number of days worked. This guidance applies whether the employment concerned is full-time or part-time, and whether the Working Holidaymaker is employed by an agency or any other employer.

Self-employed:

If a Working Holidaymaker engages solely in self employment during his stay in the category, and so is paid by the persons or companies (whether located in the United Kingdom or overseas) for whom he provides services only for the actual work he performs, and has not at any stage during his stay been an employee employed for any periods of time by an employer, he may spend up to a maximum of 365 days working during his stay as a Working Holidaymaker.

Employee and self-employed:

If you have spent some time as an employee and some time self-employed, the total period spent as an employee (see above) should be subtracted from the 12 month period in which work is permitted, when calculating in days the period that remains available to be spent in self-employment.

If you are employed on one job and self-employed on another at the same time, the period spent in work should be calculated on the basis of the period spent in employment as an employee, not in self-employment.

Signed with an employment agency:

If you sign up with an agency you are declaring that you are 'available' to take up work. It is not until you actually 'engage' in work that it can be counted as actual employment. Only periods of actual employment count towards the maximum permitted 12 months work.

Working Holidaymakers - Switching to Points Based System categories

Working Holidaymakers are not permitted to switch in the UK to any Points Based System categories (e.g. Tier 1 (General), Tier 2 (Highly Skilled) or Tier 5 (Temporary Worker). If they meet the requirements for a Points Based System category, they are required to return to their home country and obtain the appropriate Entry Clearance.

10. Child born in the UK

If your child was born in the UK and you currently have limited leave to remain, you will need to obtain and complete application form FLR(O), or Tier 1 (Dependants) if you were granted leave to remain under Points Based System Tier 1, in order for them to be granted leave to remain as your dependant.

When filling in the form, the baby's details should be entered as the main applicant. You should enclose your own passport with the application.

If you will be leaving the UK and do not intend to return under the conditions of your current leave to remain, you are not required to make an application to the UK Border Agency for your baby. They are deemed to have leave to remain in the UK until you leave.

If you will be making an application for further leave to remain or indefinite leave to remain and do not intend to travel before you do so, you can include the baby as your dependant at that time. However please note, if you travel outside the UK before your baby obtains leave to remain, you will need to obtain Entry Clearance for the baby before you return to the UK.

11. Settlement - Knowledge of Language and Life in the UK

If you are applying for settlement in the United Kingdom you may be required to demonstrate Knowledge of Language and Life in the United Kingdom, in addition to meeting the usual requirements for settlement. For further information, please visit the UK Border Agency website at:

http://www.ukba.homeoffice.gov.uk/ukresi...

12. EEA Applications

If you are an EEA national, or the non-EEA family member of an EEA national, and you wish to apply for a registration certificate, residence card, family member residence stamp or confirmation of permanent residence in the United Kingdom, please see "Applying under European Law" on the UK Border Agency website at:

http://www.ukba.homeoffice.gov.uk/euciti...

13. New Passport - Transfer of Conditions or No Time Limit

If you have a new passport and you wish to have your Limited or Indefinite Leave to Enter or Remain status transferred to it, you will need to submit an NTLTOC (No Time Limit or Transfer of Conditions) application form.

Alternatively, if you have Limited Leave to Remain and you have retained your old passport, you may travel with both the old and the new passports.

If you have Indefinite Leave to Remain, you should only do so if you need to travel as a matter of urgency. You are advised to submit an NTLTOC application on your return to the UK.

If your passport has been lost or stolen, you should include a Police Crime Report and/or Crime Reference Number with your application.

The NTLTOC application form is not for transfer of status under European law. Such applications must be submitted by post to: UK Border Agency, European Casework Unit, Lunar House, 40 Wellesley Road, Croydon CR9 2BY.

14. Report an immigration offence

If you know someone is breaking immigration laws, for example by being in the United Kingdom illegally or by employing an illegal immigrant, please write to us at the following address:

UK Border Agency, Evidence & Enquiry, Lunar House, 40 Wellesley Road, Croydon CR9 2BY.

Alternatively you can send the details by e-mail to this address. (You do not need to re-send the information if you have already done so.)

We may not be able to acknowledge your letter or e-mail but we will pass it on to the relevant local immigration team. Where appropriate, they will investigate and take action.

To enable us to send your information quickly to the local immigration team closest to the offence you are reporting, please help us by putting the name of the town or the postcode in the subject line (title) of your e-mail. Please give us as much information as possible about the immigration offence, including names, home and work addresses, to help our investigation.

We treat all personal information as confidential. This means we will not tell the person involved that you contacted us. It also means we will not be able to tell you what was done as a result of your information.

Please note, if you send another e-mail during the next five working days, you will not receive this message again.

--------- Original Message

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Dear Ms Bhartiya,

Thank you for your enquiry.

Unfortunately, from the information contained in this e-mail, we are
unable to ascertain the exact nature of your enquiry.
Please re-send your original enquiry along with this e-mail in order
that we can advise you appropriately.

Yours sincerely,

Amrit Haria
Immigration Group
UK Border Agency

If you intend to reply to this e-mail please ensure that you re-send all
the information from your original enquiry.

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