Isle of Man Immigration Office SET (M) Application for Indefinite Leave to Remain in the Isle of Man as the partner of a person present and settled in the Isle of Man Please complete in BLOCK CAPITALS and in black ink. In accordance with paragraph 34 of the Immigration Rules, this form is a specified form for the purpose of the Immigration Rules as of 6th April 2016 and must be used for all applications made on or after the date shown on this page for the purposes stated on this page. The fee Spouse or civil partner of a person present and settled in the Isle of Man For applications on this form there is a fee of £1,875.00 Dependents You may include children under the age of 18 if they are applying as your dependants. Each dependent incurs a fee of £1,875 each. Children aged 18 or over may not be included. They must apply individually and pay the specified fee in each case. Payment methods Unmarried or same-sex partner of a person present and settled in the Isle of Man You must pay by one of the following methods: Cheque - made payable to ‘Isle of Man Government’ Postal Order - made payable to ‘Isle of Man Government’ Debit Card - (only ‘in person’ applications at the Immigration Office) Cash - (only ‘in person’ applications at the Immigration Office) Form valid for use from 9th September 2016 Page 1 SET (M) Fees notes Consideration process If the payment submitted does not cover the full cost of your application, it will be an invalid application and the form, together with any documentation submitted, will be returned to you. The fee charged is for the processing and consideration of the application. This fee will be payable once the application is received by the Isle of Man Immigration Office, regardless of the outcome of the application. We cannot begin the consideration process until the payment has cleared. We allow 5 working days for payments made by cheque to clear, debit cards and postal orders will clear immediately. Should the application be withdrawn at any time during the consideration process the fee will not be refunded, other than under circumstances set out on the website of the UK Border Agency (www.ukba.homeoffice.gov.uk) which guidelines will be followed by the Isle of Man Immigration Office. This form should be completed fully and returned, together with the relevant supporting documentation* to: The Immigration Office Government Office Bucks Road Douglas Isle of Man IM1 3PU *(please ensure that the photographs and documents indicated in Section 6 have been supplied and the relevant boxes ticked accordingly) Page 2 SET (M) Application for Indefinite Leave to Remain (Marriage/Partnership) Tick a box to show why you are applying for indefinite leave to remain in the Isle of Man. Spouse or Civil Partner of a person present and settled in the Isle of Man. Unmarried partner of a person present and settled in the Isle of Man. Section 1 Title Applicant’s details Photographs You must provide one passport size photograph of yourself with your full name printed on the back. (Mr, Mrs, Ms, Miss, other) Full name (as shown on passport) Nationality Date of birth Gender (please tick) D D / M M / Y Y Y Y Male Female Passport number Any other names by which you have been known Address in the Isle of Man Postcode Telephone number Home Mobile Immigration Office Use Only Page 3 SET (M) Section 2A Your partner’s details Unless otherwise stated, the word ‘partner’ in this form means your spouse, civil partner, unmarried or same-sex partner. Partner’s full name Photographs You must provide one passport size photograph of your partner with your partner’s full name printed on the back. Nationality Date of birth Gender D D / M M / Y Y Y Y Male (please tick) Female Relationship to you How long has he/she lived in the UK/Isle of Man? Years Months His/her name at birth if different, and other names by which he/she has been known. If your partner was not British from birth, when did they obtain settlement in the Isle of Man? D D / M M / Y Y Y Y On what basis did your partner obtain settlement in the Isle of Man? Has your partner previously been sponsored as a partner of a settled person? Section 2B Yes No Yes No Your relationship to your partner Details of relationship 1. When did you first meet your partner? 2. Where did you first meet? 3. When did the relationship begin? D D / M M / Y Y Y Y D D / M M / Y Y Y Y Contact with your partner 4. Do you and your partner currently live together? If No proceed to question 7, if Yes proceed to question 5. 5. How long have you been in a relationship? Page 4 SET (M) Section 2B 6. Your relationship to your partner (continued) When did you begin living together? D D / M M / Y Y Y Y Please provide all address you have lived at with your partner in the last 2 years. from DD/MM/YYYY to DD/MM/YYYY from DD/MM/YYYY to DD/MM/YYYY If you answered Yes to question 4 and have completed question 5 and 6, proceed to question 10. 7. Why do you not live with your partner? 8. Have you ever lived with your partner within or outside of the Isle of Man? Yes No Yes No If Yes, please provide details of when and where you previously lived with your partner. 9. Could you and your partner live together outside the Isle of Man or UK if necessary? If No, please provide details. 10. How often do you see (meet) your partner? 11. When did you last see your partner? 12. Are you and your sponsor related outside of your relationship? D D / M M / Y Y Y Y Yes No Yes No If Yes, please provide exact details of this relationship. Living arrangements 13. Have you lived with your partner permanently in the Isle of Man since being granted temporary leave as a partner? If No, why? Page 5 SET (M) Section 3 Children under 18 This section is where you give details of any children under 18 included in this application. Do you, or your partner, have any children under 18 from your marriage, civil partnership or relationship, or from previous relationships, who are dependent on you or your partner? Yes No If you have answered Yes, and they are applying for an extension to stay as your dependants, please give their details below. Continue on another sheet if necessary. Child’s full name Photographs You must provide one passport size photograph of each child who is applying with the child’s full name printed on the back. Nationality Date of birth Gender (please tick) D D / M M / Y Y Y Y Male Do they live with you in the Isle of Man? Female Yes No Who pays for their support? Relationship to you? Relationship to your partner? If the child does not live with you in the Isle of Man, please give details of who the child lives with and why. If you have more than one child under 18 you wish to include in this application, please photocopy this page or use another sheet of paper. Page 6 SET (M) Section 4 Your home and your finances 4.1 Is your home in the Isle of Man: Owned by you or your partner or both? Privately rented by you or your partner or both? Owned or rented by a relative or friend? Rented from a local authority by you or your partner or both? Other (please give details) 4.2 Do you or your partner pay any rent or mortgage for your home? If Yes, how much each month? Yes No £ Yes 4.3 Are you working in the Isle of Man? If Yes, what is the net pay each month? No £ Yes 4.4 Is your partner working in the Isle of Man? If Yes, what is his/her net pay each month? No £ 4.5 Does a relative or friend of you or your partner, or both of you, regularly give you money? If Yes, how much do you receive each month? Yes No £ Yes 4.6 Are you receiving any public funds? No If you have answered Yes to this question you must tick the boxes to show which public funds are being received. Please note that, under Immigration Rules, public funds include: Housing & Homelessness Assistance Attendance Allowance Severe Disablement Allowance Carers Allowance Disability Living Allowance Income Support Working Tax Credit Social Fund Payment Council Tax Benefit Child Benefit Income Based Job Seekers Housing Benefit State Pension Credit Child Tax Credit Page 7 SET (M) Section 5 Personal History It is mandatory to complete this section. If it is not completed, the application will be invalid and returned to you. Information given may be checked with other agencies. Under the Rehabilitation of Offenders Act 2001 (Exceptions)(Immigration and Nationality) Order 2016, Sections 4 and 5 (1) of the Rehabilitation of Offenders Act 2001 Act do not apply, therefore for the purposes of this application you are required to declare ALL convictions including those deemed as spent under the Rehabilitation of Offenders Act 2001. It is an offence under section 26 (1)(c) of the Immigration Act 1971 to make a statement or representation which you know to be false or do not believe to be true. Information given will be checked with other agencies. 5.1 Have you had any Criminal Convictions in the Isle of Man, UK or other country Yes No If Yes, you must give details below. Continue on another sheet if necessary. (see note below) First sentence Nature of offence Date sentenced D D / M M / Y Y Y Y Sentence given Country where sentenced Second sentence Nature of offence Date sentenced D D / M M / Y Y Y Y Sentence given Country where sentenced Third sentence Nature of offence Date sentenced D D / M M / Y Y Y Y Sentence given Country where sentenced Page 8 SET (M) Section 6 Knowledge of Life in the UK and Islands To qualify for Indefinite Leave to Remain, all applicants aged 18-64 must meet a Knowledge of Language and Life in the UK requirement. 6.1 Are you aged 18-64 Yes No If you have answered ‘Yes’ to 6.1, continue below. If you have answered ‘No’, go to section 7. 6.2 Have you obtained the following to show that you have met the knowledge of language and life in the UK and Islands requirement. Life in the UK test pass And either: A speaking and listening qualification at level B1 or above from the Secure English Language Test (SELT) list (Go to question 5.4 below); OR An academic qualification deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s Degree or PhD in the United Kingdom and: 6.3 UK NARIC has confirmed that the qualification was taught or researched in English; or The qualification was taught or researched in the UK or a majority English speaking Country (other than Canada); OR You are a national of a majority English speaking country (as in the list at https://www.gov.uk/english-language) If you have not obtained one of the relevant qualifications, are you claiming exemption from this requirement because a physical or other condition prevents you from taking the Life in the UK test or doing a speaking and listening qualification in English? Yes No If you are claiming exemption, you must provide a doctor’s letter or similar evidence confirming that you are unable to take the test or obtain a speaking and listening qualification. An exemption will only be agreed exceptionally. If you have answered yes to this question go to section 7. 6.4 Please provide details of your English Language test: Tick to confirm which body awarded your test: IELTS SELT Consortium Trinity College London Provide the SELT unique electronic reference number provided by the awarding body: Go to section 7. Page 10 SET (M) Section 7 Documentary Evidence The documents and photographs needed in support of your application, as well as those of any dependants included in your application, are listed below. You only have to provide those which are relevant to your case. Please tick the relevant box to show a document has been provided. One recent passport sized photograph of yourself with your name written on the back. One recent passport sized photograph of your partner with their name written on the back. One recent passport sized photograph of each dependant child applying for an extension of stay in the Isle of Man with you with their name written on the back. Your current passport, with two clear pages back to back. If you first entered the UK/Isle of Man on a previous passport, please also provide this passport. Current or previous passports (where relevant) of each dependant applying for an extension of stay in the Isle of Man with you. Current passport should have two clear pages back to back. A full birth certificate (i.e. one which shows the parents’ names) for each dependant child of your present marriage, civil partnership or relationship who is applying for an extension of stay with you in the Isle of Man. Your partner’s immigration Status Documents showing that your partner is present and settled in the Isle of Man. Note: The documents must be either: your partner’s current passport or travel document; or if your partner is a British Citizen without a passport, his or her full birth certificate together with at least one other formal document as evidence of ordinary residence in the Isle of Man for the last 3 years. Your Finances Evidence that you have the funds to maintain and accommodate yourself and any dependants without recourse to public funds. The evidence must be formal documents such as bank statements, a building society passbook, or wage slips (for the last 3 months) for you and/or your partner. If a relative or friend is supporting you, the evidence should be a letter from him/her confirming this, together with formal documents showing their financial situation. Knowledge of Language and Life in the UK Evidence that you have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom and Islands. If you are aged 18/64, you must provide the following: A life in the UK test pass notification letter; and A relevant speaking and listening qualification, as described in the guidance on our website. https://www.gov.uk/government/publications/knowledge-of-life-and-language-in-the-uk Page 13 SET (M) Section 7 Documentary Evidence Evidence of Co-habitation 6 letters and/or other documents addressed to you and your partner at the same address as evidence that you have been living together during the past 2 years (see note below). Note We need 6 letters or other documents addressed to you jointly or in both your names. If you do not have enough items in your joint names, you may also provide items addressed to each of you individually if they show the same address for both of you. Examples of acceptable letters and documents are listed below. They must be originals. The dates of the letters or documents should spread over the whole 2 years. They should be from at least 3 different sources. Please give an explanation on a separate sheet if you cannot provide 6 items; if the documents are not addressed to both of you; or if they do not cover the 2-year period. If you and your partner lived with relatives or friends for some or all of the 2-year period, please provide a letter from the relative(s) and/or friend(s) confirming this. If you did not live together for any part of the 2-year period, tell us the reasons for this and whether you stayed in contact with each other during this time, and provided any relevant supporting evidence. Examples of acceptable types of letters and documents Letters or other documents from government departments or agencies, for example Income Tax Division, Department of Social Care, Vehicle or TV Licensing. Letters or other documents for your GP, a hospital or other local health service about medical treatments, appointments, home visits or other medical matters. Telephone bills or statements Mortgage statements/agreement Bank statements/letters Rates bills or statements Water rates bills or statements Electricity and/or gas bills or statements Tenancy agreement(s) Building society savings books/letters Spouses and Civil Partners If you were last granted leave to enter or remain in the Isle of Man as an unmarried or same-sex partner and subsequently during your probationary period you have married or entered a civil partnership with your partner, in addition to all relevant documents above, you must provide the following documents. Tick the relevant boxes to show what documents you are providing. They must be originals. a) Your marriage or civil partnership certificate. b) If you have been married or in a civil partnership before, document(s) showing that you were free to form a marriage or civil partnership with you present partner (see Note below). List any such documents below. c) If your partner has been married or in a civil partnership before, document(s) showing that they were free to form a marriage or civil partnership with you present partner (see Note below). List any such documents below. NOTE: The document(s) must be formal documents such as a decree absolute or final dissolution (or other confirmation of the legal dissolution of the relationship) or death certificate. Page 14 SET (M) Section 8 Consent and Declaration Consent for the Isle of Man Immigration Office to request verification checks. From the Applicant: I understand that you will check whether the information and supporting documentation that I have supplied to the Isle of Man Immigration Office from a bank or utility company is correct. ‘Correct’ means that documents are unaltered originals issued by the bank or utility company and that the information on them is correct and applies to me or the person named as a customer on the document. I agree to the bank or utility company, without seeking any further consent from me, telling you whether the information or documentation I have supplied is correct or in what way (if any) it is not correct. I agree to the bank’s or utility company’s disclosure to the Isle of Man Immigration Office of any relevant personal data they hold on me for the above purposes. If I have not supplied correct information or supporting documentation to the Isle of Man Immigration Office, the bank or utility company may disclose my relevant correct personal data. If the information or supporting documentation also contains personal data relating to a joint customer or customers of mine on the bank or utility company account, or relates to another person who is to provide financial support, I confirm that I have obtained the consent of those persons to the disclosure of their personal data to the extent reasonably necessary for the above purposes. I understand that the information obtained may be used as part of the decision making process about my application and may, if necessary, be disclosed to a court. (I understand that providing information or documentation that is not correct will normally result in my application being refused and may lead to my prosecution for a criminal offence.) Name and address of applicant Signed Date D D / M M / Y Y Y Y If the account with the bank or utility company is in the joint names of the application and other people, each of those others should sign the following declaration: The above-named person (‘the applicant’) has given the Isle of Man Immigration Office documentation about his or her accounts with banks or utility companies (a ‘company’) so that the Isle of Man Immigration Office can check that is correct. I am a joint customer with the applicant on some or all of those accounts. Information about the applicant may thus also reveal information about me. I agree to the company giving the Isle of Man Immigration Office relevant personal data it holds about me in relation to the account. This only covers data about me as joint customer with the applicant (and not about any other accounts I hold in my sole name) and limited to what is necessary to confirm that the documentation the applicant has supplied is correct. If that documentation is not correct, the company may give the Isle of Man Immigration Office details of any inaccuracies/discrepancies in the information that the applicant has provided, and may also disclose to the Isle of Man Immigration Office the correct information that they have on record about the account. I agree that this information may be used as part of the decision making process about the application and may, if necessary, be disclosed to a court. Name and address of joint customer Signed Date D D / M M / Y Y Y Y Page 15 SET (M) Section 8 Consent and Declaration (continued) If the account with the bank or utility company relates to another person who is to provide the applicant with financial support, that person* should sign the following declaration: I am a friend or relative whom the above-named person (‘the applicant’) has stated will provide financial support. The Isle of Man Immigration Office is verifying this by checking the documentation which the applicant has supplied about my accounts with banks or utility companies (a ‘company’). The company may thus reveal information about me to the Isle of Man Immigration Office or to the applicant. I agree to the company giving the Isle of Man Immigration Office relevant personal data it holds about me in relation to my account. This is limited to what is necessary to confirm that the documentation the applicant has supplied is correct. If that documentation is not correct, the company may give the Isle of Man Immigration Office details of any inaccuracies/discrepancies in the information that the applicant has provided, and may also disclose to the Isle of Man Immigration Office the correct information that they have on record about the account. I understand that this may involve the applicant obtaining further details about the account. I agree that this information may be used as part of the decision making process about the application and may, if necessary, be disclosed to a court. Name and address of third party Signed Date D D / M M / Y Y Y Y * If the account is a joint account, all customers should sign. Page 16 SET (M) Section 8 Consent and Declaration (continued) If you are applying as a spouse or civil partner. You and your spouse or civil partner must now read the declarations below and sign them. They must be signed by you (the applicant) and your spouse or civil partner and not by a representative or other person acting on your behalf. By the Applicant: I hereby apply for leave to remain in the Isle of Man for myself and any dependant children listed in this form on the basis of my marriage to, or civil partnership with, the person who has signed the declaration below. I declare that we are married, that we are living together as husband and wife and intend to do so permanently or that we are registered in a civil partnership, that we are living together as civil partners and intend to do so permanently. The information I have given in this form is complete and is true to the best of my knowledge. I also declare that the photographs submitted with this form are a true likeness of myself, my spouse or civil partner and any dependants included in the application, as named on the back of each photograph. I confirm that if, before this application is decided, there is a material change in my circumstances or new information relevant to this application becomes available, I will inform the Isle of Man Immigration Office. I understand that all information given by me will be treated in confidence by the Isle of Man Immigration Office but that it may be disclosed to other government departments, agencies and the police where necessary for immigration or nationality purposes or to enable them to carry out their functions. I am aware that it is an offence under the Immigration Act 1971 to make, to a person acting in execution of the Act, a statement or representation which the maker knows to be false or does not believe to be true. Signed Date D D / M M / Y Y Y Y By the applicant’s spouse or civil partner: I confirm that I am the spouse or civil partner of the applicant. I declare that we are married and that we are living together as husband and wife and intend to do so permanently, or that we are the civil partners of one another and that we are living together as civil partners and intend to do so permanently. I am aware that it is an offence under the Immigration Act 1971 to make, to a person acting in execution of the Act, a statement or representation which the maker knows to be false or does not believe to be true. Signed Date D D / M M / Y Y Y Y Page 17 SET (M) Section 8 Consent and Declaration (continued) If you are applying as an unmarried or same-sex partner. You and your unmarried or same-sex partner must now read the declarations below and sign them. They must be signed by you (the applicant) and your partner and not by a representative or other person acting on your behalf. By the Applicant: I hereby apply for leave to remain in the Isle of Man for myself and any dependant children listed in this form on the basis of my relationship with the person who has signed the declaration below. I declare that we are still living together in a relationship akin to marriage, or a same-sex relationship, and that we intend to do so permanently. The information I have given in this form is complete and is true to the best of my knowledge. I also declare that the photographs submitted with this form are a true likeness of myself, my partner and any dependants included in the application, as named on the back of each photograph. I confirm that if, before this application is decided, there is a material change in my circumstances or new information relevant to this application becomes available, I will inform the Isle of Man Immigration Office. I understand that all information given by me will be treated in confidence by the Isle of Man Immigration Office but that it may be disclosed to other government departments, agencies and the police where necessary for immigration or nationality purposes or to enable them to carry out their functions. I am aware that it is an offence under the Immigration Act 1971 to make, to a person acting in execution of the Act, a statement or representation which the maker knows to be false or does not believe to be true. Signed Date D D / M M / Y Y Y Y By the applicant’s unmarried or same-sex partner: I confirm that I am the unmarried or same-sex partner of the applicant. I declare that we are still living together in a relationship akin to marriage, or a same-sex relationship, and that we intend to do so permanently. I am aware that it is an offence under the Immigration Act 1971 to make, to a person acting in execution of the Act, a statement or representation which the maker knows to be false or does not believe to be true. Signed Date D D / M M / Y Y Y Y Page 18 SET (M) Appendix 1 - Majority English-speaking countries - nationality The Isle of Man Immigration Office considers the following countries to be majority English-speaking countries: Antigua and Barbuda; Australia; The Bahamas, Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America. Appendix 2 - Majority English-speaking countries - Academic Qualifications If you hold an academic qualification equivalent to a Bachelor’s degree in the UK which was taught in English, you will not be required to take the English language test. Where the academic qualification was taught in one of the majority English-speaking countries listed below we will assume it to have been taught in English: Antigua and Barbuda; Australia; The Bahamas, Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; the UK; United States of America. Appendix 3 - Academic Qualifications taught in English Academic qualifications taught in countries other than the UK and the designated English-speaking countries listed above may also be accepted if you are able to provide evidence to show that the qualification was taught in English and that it is recognised by National Academic Recognition Information Centre for the UK (UK NARIC) as equivalent to a UK Bachelor’s degree. Qualifications awarded outside of the UK must be recognised by UK NARIC as equivalent to a UK Bachelor’s degree. You must provide a letter from UK NARIC stating that your qualification meets this standard. Master’s degrees and PhDs will not be accepted as evidence. This is because UK NARIC is only able to assess whether a Bachelor’s degree (and not a Master’s degree or PhD) was taught in English. Appendix 4 - The English Language Test What does the English language test involve? Suitable English language tests assess your ability to speak and understand English. In the test, you will need to demonstrate a basic command of English (speaking and listening) at a minimum of level B1 of the Common European Framework of Reference. This is an intermediate level, which is judged to require 300 hours tuition for most learners. Someone assessed at level B1 can understand the main points of clear standard input on familiar matters regularly encountered in work, school, leisure etc.. You will not need to demonstrate your reading and writing skills. The Immigration Office will accept English test certificates at levels above B1 of the CEFR and those with reading and writing as well as speaking and listening, as long as they are on our list of acceptable tests and approved test providers. Where can you take the test? You can find our list of acceptable tests and approved test providers via the English Language Requirement link in an Appendix O to the Immigration rules which can be found at ; http://www.gov.im/immigration Only tests on this list taken with the approved test providers including with the Isle of Man College, will be accepted as evidence for the English language requirement. Booking the test To book the test, contact the test centre directly. Contact details can be found on the list of approved test providers. If you have a disability, the test centre may be able to provide the test in a format to meet your particular needs. Tell the centre about any such needs when you book the test - and also about any medical condition in case it affects the amount of time you need for the test. Page 19 SET (M) Appendix 4 - The English Language Test (continued) Is there a charge for the test? Yes. The cost of the test will vary according to your test provider . You will need to pay for your own English language test. The test provider will be able to advise you on the cost of the test and methods of payment accepted. Taking the test At the test centre you will be asked to confirm your identity by producing your passport or national identity document. The test result Your test provider will provide you with the results of your test. You should contact your provider for details on the waiting time for the results of your test. What if you fail the test? If you fail the test, you can retake it any number of times. You will have to pay the current fee every time you take it. What if you can’t pass an English language test before applying for indefinite leave to remain in the Isle of Man? If you cannot obtain the relevant qualification before submitting your application for indefinite leave to remain in the Isle of Man, and you are not exempt from taking the test, you will not qualify for indefinite leave to remain in the Isle of Man. If you apply for indefinite leave your application will be refused without any refund of the application fee. Page 20
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