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1 Cabinet Office Application for indefinite leave to remain as the dependant of a Worker Migrant, Business Migrant or Points Based System Migrant 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 and must be used for all applications made on or after the date shown on this page for the purposes stated on this page. Who should apply using this form? This application form should only be completed by individuals who are already in the Isle of Man. Applicants should use this application form if they are: in the Isle of Man with leave as a dependant of a Worker Migrant, Worker (ICT) Migrant, Business Migrant (Innovator), Business Migrant (Start-up) or someone under the Points Based System (or the partner of such a person in the case of a child) who already has indefinite leave to remain in this category, or is applying for it at the same time that you are making this application. Multiple dependants cannot be included on this form. Each dependent should complete their own form. The person whom you are the dependant of must apply using a separate form. The forms can be found in the application forms section of the Isle of Man Immigration website: www.gov.im/immigration An applicant who is applying for indefinite leave to remain (SET) as a dependant of a Worker Migrant, Business Migrant or Points Based System Migrant (or the partner of such a person in the case of a child) must pay the following fee: £2,389.00 SET(DEP) Dependant of a person who has indefinite leave to remain in the Isle of Man as a Worker Migrant, Migrant, Business Migrant or someone under the Points Based System Form valid for use from 6 April 2020 The fee
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Cabinet Office Application for indefinite leave to remain ... · (as shown in your passport) Last or family name(s) (as shown in your passport) If you are known or have been known

Oct 16, 2020

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Page 1: Cabinet Office Application for indefinite leave to remain ... · (as shown in your passport) Last or family name(s) (as shown in your passport) If you are known or have been known

1

Cabinet Office

Application for indefinite leave to remain as the dependant of a

Worker Migrant, Business Migrant or

Points Based System Migrant

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 and must be used for all applications made on or after the date shown on this page for the purposes stated on this page. Who should apply using this form? This application form should only be completed by individuals who are already in the Isle of Man. Applicants should use this application form if they are:

in the Isle of Man with leave as a dependant of a Worker Migrant, Worker (ICT) Migrant, Business Migrant (Innovator), Business Migrant (Start-up) or someone under the Points Based System (or the partner of such a person in the case of a child) who already has indefinite leave to remain in this category, or is applying for it at the same time that you are making this application.

Multiple dependants cannot be included on this form. Each dependent should complete their own form. The person whom you are the dependant of must apply using a separate form. The forms can be found in the application forms section of the Isle of Man Immigration website: www.gov.im/immigration

An applicant who is applying for indefinite leave to remain (SET) as a dependant of a Worker Migrant, Business Migrant or Points Based System Migrant (or the partner of such a person in the case of a child) must pay the following fee: £2,389.00

SET(DEP)

Dependant of a person who has indefinite leave to remain in the Isle of Man as a Worker Migrant, Migrant, Business Migrant or someone under the Points Based System Form valid for use from 6 April 2020

The fee

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FLR (DEP)

Fees notes Payment methods 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 Isle of Man Immigration Service)

Cash - (only ‘in person’ applications at the Isle of Man Immigration Service) Consideration process The consideration process will not begin until the payment has cleared. Payments made by cheque may take 5 business days to clear. Payments made by debit cards or postal orders will clear immediately. Should the application be withdrawn at any time during the consideration process the fee will not be refunded. Consequence of failing to pay the specified fee If the applicant fails to pay the specified fee in full the application may be rejected as invalid. If the specified fee is not paid at the time of application a request in writing will be made to you stating the fee and date by which it is to be paid. This will be 10 working days from the day the request is sent. If by that date the fee is not paid, the application will be rejected as invalid. This form should be completed fully and returned, together with the relevant supporting documentation* to:

The Isle of Man Immigration Service Government Office Bucks Road Douglas Isle of Man IM1 3PN

*please read the form carefully. Submission of false documents or information( whether or not material to the application, and whether or not to the applicant’s knowledge), and failure to disclose material facts will lead to refusal of the application. Missing documentation could result in your application being delayed or refused.

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Application for indefinite leave to remain as a dependant of a Worker Migrant, Business Migrant or

under the Points Based System

Section 1 Applicant’s details

SET(DEP)

Immigration Service Use Only

Title (Mr, Mrs, Ms, Miss, other)

First name(s) (as shown in your passport)

Last or family name(s) (as shown in your passport)

If you are known or have been known by any other name to those give above please give details below and provide evidence showing the name change.

Name known by Date from/to Evidence provided

Please use another sheet of paper if more space is needed.

D D / M M / Y Y Y Y Date of birth

City/Town/Province/State

Country

National Insurance Number (if known)

Place of birth

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SET(DEP)

Section 1 Applicant’s details (continued)

Your email address

Home Your telephone number(s) Mobile

Your current residential address

Postcode

Document number

Your Proof of Identity

Paragraph 34 of the immigration rules requires applicants to provide proof of identity, in the form of a valid passport or, if the applicant does not have a valid passport, their most recent passport. If the applicant does not have either of the above, a valid travel document.

If the a document listed above is not included with this application, please provide an explanation including relevant details. For example a police station reference number if the document has been stolen.

Proceed to Section 2

Please select the type of document Valid Passport Enclosed Most recent Passport Valid Travel Document

Are you required to register with the police?

If Yes please submit your registration certificate with this application and confirm when and where you registered. Please also submit your policer registration certificate with this application.

Yes No

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SET(DEP)

Section 2 Sponsor’s details

Title (Mr, Mrs, Ms, Miss, other)

First name(s) (as shown on passport)

Last or family name(s) (as shown on passport)

D D / M M / Y Y Y Y Date of birth

Home Office or Isle of Man Immigration reference number (if known)

Nationality

2.2 Is your sponsor making an application for indefinite leave to remain in the Isle of Man at the same time as you?

If No do they already have indefinite leave to remain as a Worker Migrant,

Business Migrant or Points Based System Migrant?

Yes No

Note The sponsor that is referred to in this form is the person that you are the dependant of.

In the case of a spouse, civil partner or unmarried partner, this will be your partner who is a Worker Migrant, Business Migrant or Points Based System Migrant.

In the case of a child applicant, this may either be your parent who is a Worker Migrant, Business Migrant or Points Based System Migrant, or your parent who is the partner of such a person.

2.1 Sponsor’s details

Proceed to Section 3

Yes No

What is their current grant of leave as (e.g. Worker Migrant, Dependant of a Worker Migrant etc.)? If they have naturalised as a British citizen, what was their grant of leave before naturalising?

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SET(DEP)

Section 3 Relationship to sponsor

3.1 Please tick to confirm which of this form applies to you. You only need to complete the section that applies to you. Once completed, proceed to Section 4.

Partner of your sponsor (Partner includes a married partner, civil partner or unmarried partner)

Child of your sponsor

Complete Section 3A

Complete Section 3B

Section 3A Partner of sponsor

3A.1 Are you the spouse, civil partner or unmarried partner of your sponsor?

Spouse Unmarried partner Civil partner

3A.3 Do you intend to live permanently with your partner in the Isle of Man? Yes No

If No please set out your future intentions for living with your partner below.

3A.2 Is your relationship with your partner genuine and subsisting? For example, does your marriage, civil partnership or relationship akin to marriage

still exist at the date of application?

Yes No

You only need to complete this section if you indicated that you are a partner of your sponsor in Section 3

3A.4 You only need to answer this question if you indicated in question 3A.1 that you are an unmarried partner. Have you or your sponsor previously been married/in a civil partnership?

Yes No

If Yes please give details below, and provide evidence that the previous marriage /partnership is no longer subsisting as part of your application.

You (if applicable) Your Sponsor (if applicable)

a Name of other/former partner

b Nationality of other/former partner

c Date of marriage/civil partnership

d Place of marriage/civil partnership

e Date of divorce (if applicable)

Please continue on a separate sheet if necessary.

Previous marriage / civil partnership

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SET(DEP)

Section 3A Partner of sponsor (continued)

If Yes please provide all addresses you have lived at with your partner since your most recent grant of leave (continue on another sheet if necessary) and then proceed to 6A.8. If No please provide all addresses that you and your partner have lived at (whether in the Isle of Man or not) and then proceed to 6A.7

From D D / M M / Y Y Y Y to D D / M M / Y Y Y Y

From D D / M M / Y Y Y Y to D D / M M / Y Y Y Y

From D D / M M / Y Y Y Y to D D / M M / Y Y Y Y

3A.7 You only need to complete this question if you answered No to question 3A.6. Please set out the reasons why you and your partner have not lived continuously together for the previous 5 years (or 2 years if you answered Yes to 3A.5) (continue on a separate sheet if necessary).

Proceed to Section 4

From D D / M M / Y Y Y Y to D D / M M / Y Y Y Y

3A.6 Have you lived continuously with your partner for the past 5 consecutive years? Or, if you answered Yes to 3A.5 then have you lived continuously lived with your

partner for the past consecutive 2 years?

Yes No

From D D / M M / Y Y Y Y to D D / M M / Y Y Y Y

3A.5 Have you been granted leave as the dependant of your partner on or before 19 November 2012, and have you continuously remained the dependant of your partner since then?

Yes No

From D D / M M / Y Y Y Y to D D / M M / Y Y Y Y

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SET(DEP)

Section 3A Partner of sponsor (continued)

Proceed to Section 4

Yes No

If Yes, you should list these absences in the spaces provided below and explain the reason(s) for the absence(s).

Dates of absence(s) Reason(s) for absence(s)

3A.8 Have you had any absences from the Isle of Man, UK and Channel Islands which totalled 180 or more days during any 12 month period within the last 3 years?

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SET(DEP)

Section 3B Child of sponsor

Are you married or in a civil partnership?

Are you financially dependent on your sponsor or their partner? Yes No

Do you live with your sponsor? If No, please set out the reasons for this in the box below.

Yes No

Are you engaged in full time employment? Yes No

Yes No

3B.1 Personal details

You only need to complete this section if you indicated that you are the child of your sponsor in Section 3

Are both of your parents lawfully present in the Isle of Man I No, please set out the reasons for this in the box below (e.g. your sponsor has

sole responsibility for your upbringing)

Yes No

Was the applicant born in the Isle of Man? If Yes, please submit the applicant’s full Isle of Man birth certificate, showing the

names of both parents with this application.

Yes No

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SET(DEP)

Section 3B Child of sponsor (continued)

Proceed to Section 4

Yes No

If the dependant was born in the Isle of Man, then you must submit a full Isle of Man birth certificate showing the names of both parents.

If you are age 18 or over at the date of application was your most recent grant of leave as the child of a Worker Migrant, Business Migrant or Person under the Points Based System?

How old are you at the date of application? Years old

3B.2 Age

If you are age 16 or over at the date of application, you must also submit two items from the list below to confirm your residential address:

Bank statements;

Credit card bills

Driving licence

NHS registration document

Letter from your current school, college or university, on official headed paper and bearing the official stamp of that organisation, and issued by an authorised official of that organisation.

These documents must be dated within one calendar month of the date of application. If you are not living with your parents you must set out the reasons for this in the box below. If the reason for this is that you are attending a college or university then you must submit with this application a

letter from your current college or university confirming your enrolment and attendance on the specific course. This letter must be on official headed paper and bearing the official stamp of that organisation, and issued by an authorised official of that organisation.

Do you pay any rent or board? If Yes how much do you pay per month?

Yes No

£

Where you do live separately from your parents, please provide the evidence specified below that you are being supported by your parents while residing away from the family home.

Bank statements for the applicant covering 3 months before the date of application, clearly showing the ori-gins of the deposits; and

Bank statements from the applicant’s parent(s) covering the 3 months before the date of application corrobo-rating the payments out of their account.

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SET(DEP)

Section 4 Knowledge of English language and life in the UK and Islands

Knowledge of English Language You must demonstrate that you can speak and understand English to an acceptable level. If you are not a national of a majority English-speaking country you will need to pass an acceptable English language test with a test provider ap-proved by the UK Home Office for this purpose, or produce specified evidence that you have an academic qualification

4.3 Have you previously been required to meet an English Language requirement of at least level B1 of the Common European Framework of Reference for Languages? If Yes proceed to Section 5. If No proceed to 4.4

Yes No

4.2 Do you hold a passport showing citizenship of one of the below 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.

If Yes you must submit your valid passport or travel document with this

application and then proceed to Section 5. If No proceed to 4.3

Yes No

Yes No 4.5 Have you completed a speaking and listening qualification at B1 level at a Secure English Language Test (SELT) centre?

4.4 Have you completed a degree that was taught in English and is deemed by UK NARIC to meet or exceed the recognised standard of a Bachelor’s, Master’s degree or PHD, and who has also confirmed that the degree was taught or researched in English to level B1 of the Common European Framework of Reference for Languages or above? If Yes proceed to Section 5. If No proceed to 4.5

Yes No

If Yes please provide details of your English Language Test. Tick to confirm which body awarded your test(s) IELTS SELT Consortium Trinity College London Provide the SELT unique electronic reference number(s) provided by the awarding body:

Note Please see the list of approved English language tests on gov.uk at : https://www.gov.uk/english-language/approved-english-language-qualifications You must provide your SELT unique electronic reference number provided by the awarding body as evidence of your test with your application. Applicants who took an approved test before 6 April 2015 may continue to rely on that test (if it was in Appendix O on 5 April 2015) to meet the English Language requirement in a partner or parent application as long as they submitted their application before 6 November 2015.

Knowledge of life in the UK and Islands To qualify for Indefinite Leave to Remain, all applicants aged 18 to 64 must meet the Knowledge of Language and Life in the UK and Islands requirement. If you are not aged between 18 to 64, proceed to Section 5.

4.1 Have you passed the life in the UK and Islands test? Yes No

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Section 5 Personal history

SET(DEP)

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 Do you have any Criminal Convictions in the Isle of Man, UK or other country (including traffic offences) or any civil judgements made against you?

Yes No

If Yes, you must give details below. Continue on another sheet if necessary.

Proceed to Section 6

D D / M M / Y Y Y Y Date sentenced

Sentence

Sentence given

Country where sentenced

Nature of offence

3.2 Have you ever been charged or indicted in any country with a criminal offence for which you have not yet been tried in court?

Yes No

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Section 6 Public funds

SET(DEP)

6.1 Is the dependant receiving any public funds? Yes No

If you have answered Yes 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

Severe Disablement Allowance

Disability Living Allowance

Working Tax Credit

Council Tax Benefit

Income Based Job Seekers

State Pension Credit

Attendance Allowance

Carers Allowance

Income Support

Social Fund Payment

Child Benefit

Housing Benefit

Child Tax Credit

It is mandatory to complete this section. If it is not completed the application will be invalid and will be returned to the applicant.

Proceed to Section 7

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Section 7 Documentary evidence

SET(DEP)

The documents and photographs needed in support of an 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 where a document has been provided. Please note that, in some cases, we may have to ask for other documents in addition to those specified in this form.

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.

All applicants

Your police registration certificate if you have been asked to register with the police.

Spouses and Civil Partners

Please tick to confirm that you have submitted a marriage certificate or civil partnership certificate with your application if you are a spouse or civil partner.

If you have been married or in a civil partnership before, document(s) showing that you were free to marry your present spouse or to form a civil partnership with your present partner. (See note below) List any such document(s) below.

If your partner has been married or in a civil partnership before, document(s) showing that they were free to marry you or to form a civil partnership with you. (See note below) List any such document(s) below.

Note: The document(s) must be formal document(s) such as a decree absolute or final dissolution (or other confirmation of the legal dissolution of the relationship) or a death certificate as specified in paragraph 22-26 of Appendix FM-SE of the Immigration Rules

Unmarried partners

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A full birth certificate which shows the parents’ names (where the applicant was born in the Isle of Man).

Section 9 Documentary evidence (continued)

SET(DEP)

Child dependants

Six items of correspondence addressed to you and your partner at the same address as evidence that you have been living together. See Note Below

Note The items of correspondence should be addressed to you jointly or in both your names. Examples of acceptable items are listed below. The dates of the items of correspondence should be spread evenly over the whole 2 years. They should be from at least 3 different sources. 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. For example—four items of correspondence in joint names to the same address and two items addressed to each partner at the address. In total eight items would need to be submitted. If you and your partner have no bills or correspondence in joint names, you will need to submit twelve items (six each) of correspondence, evidencing that you reside together at the same address. 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 provide any relevant supporting evidence. Please give an explanation on a separate sheet if you cannot provide six items; if the items are not addressed to both of you; or if they do not cover the 2-year period. Examples of acceptable items of correspondence

Letters or other documents from government departments or agencies, for example Isle of Man Treasury, Income Tax, Department for Social care, Driving Licences and TV Licensing. Letters or other documents from your GP, a hospital or other local health service about medical treatments, appointments, home visits or other medical matters. bank statements/letters building society savings books/letters rates bills or statements electricity and/or gas bills or statements Telephone bills or statements mortgage statements/agreement tenancy agreement(s) telephone bills or statements

Evidence stated in Section 3B of the applicant’s current residential address (where they are aged 16 or over at the date of application and financial support from your parents where you do not live with them).

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Section 9 Declarations

SET(DEP)

Declaration It is mandatory to complete this section. If it is not completed the application will be invalid and will be returned to the dependant. The dependant must sign below to show that they have read and understood the following declaration. It must be authorised by the dependant and not by a representative or other person acting on their behalf. If the dependant is under 18, their parent or guardian may sign. The information I have given in this application is complete and is true to the best of my knowledge. If there is a material change in my circumstances or any new information relevant to my application becomes available before it is decided, I will inform the Isle of Man Immigration Service immediately. I understand that documents provided in support of this application will be checked for authenticity, and that false documents will be retained and may result in my application being refused and in my prosecution and subsequent removal from the Isle of Man. I am aware that it is an offence under the Immigration Act 1971, as amended by the Immigration and Asylum Act 1999 and the Nationality, Immigration and Asylum Act 2002, to make, to a person acting in execution of any of these Acts, a statement or representation which I know to be false or do not believe to be true, or to obtain or seek to obtain leave to remain in the Isle of Man by means which include deception. I understand that all information given by me will be treated in confidence and will be processed by the Cabinet Office for the purpose of determining my visa application. Data will be processed in accordance with the Data Protection Act 2018 and the GDPR and LED Implementing Regulations 2018. Privacy Notices can be found at www.gov.im/immigration (Data Protection Officer: [email protected] Tel: 01624 686779)

Signature D D / M M / Y Y Y Y Date

Name (please print)

By the applicant’s spouse, civil partner or unmarried partner: This signature is only required if you are using this form to apply for indefinite leave to remain as a partner, civil partner or unmarried partner of a Worker Migrant, Business Migrant or Points Based System Migrant. I confirm that I am the spouse, civil partner or unmarried partner of the applicant. I declare that:

we are married and that we are living together as spouses and intend to do so permanently;

that we are the civil partners of one another and that we are living together as civil partners and intend to do so permanently; or

we are still living together in a relationship akin to marriage, 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.

Signature D D / M M / Y Y Y Y Date

Name (please print)

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SET(DEP)

Submitting a valid application All applications must:

be completed in full and submitted to the Immigration Service at the address on page 2 of this application form;

the correct application fee must be paid;

provide proof of identity as set out in Section 1 of this application;

Complete all sections of this application form as instructed within each section.

enclose their Police Registration Certificate with their application where the applicant is required to register with the Police. This will be a condition of your previous grant of leave.

Supporting evidence This application form details required supporting documents or evidence that must be submitted with this application. Applicants must ensure that all of the necessary supporting documentation needed to verify compliance with the Immi-gration Rules is provided at the time the application is submitted. The decision maker may contact the applicant in order to request correct documentation if it is no submitted as specified. Any documentary evidence that the applicant provides should be original (unless otherwise stated). Where a document is not in English, the original must be accompanied by a full translation that can be independently verified. The translation must be dated and include

confirmation that it is an accurate translation of the original document;

The full name and original signature of the translator or authorised official of the translation company;

The translator or translator's contact details and;

if the applicant is applying for leave to remain or indefinite leave to remain, certification by a qualified translator and details of the translator or translation company’s credentials.

Data Processing The Privacy Notice for the Immigration Service can be found on the Immigration pages of the Gov.im website.

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