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Can I Apply ILR Separately for dependents?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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drmastoi
Junior Member
Posts: 59
Joined: Wed Jun 23, 2010 1:46 pm

Can I Apply ILR Separately for dependents?

Post by drmastoi » Wed Aug 27, 2014 11:36 am

Hi there

can you Please clarify for my guidance :?:

1- Me and my dependent wife already qualify for ILR with valid Tier 1 till 2015,Is it possible for Main applicant to apply ILR now and dependant to apply ILR on later dates(1-2 months later).

2- Can passports be out of date to apply for ILR as ILR is now a BRP card .

Thank you for answering.

I have searched forum already,still not clear....


.

prvnrk
Newbie
Posts: 30
Joined: Tue May 27, 2014 1:48 pm

Re: Can I Apply ILR Separately for dependents?

Post by prvnrk » Wed Aug 27, 2014 12:02 pm

1. Yes

2. No

vel_userid
Newly Registered
Posts: 4
Joined: Fri Aug 26, 2011 2:45 pm

Re: Can I Apply ILR Separately for dependents?

Post by vel_userid » Sat Sep 26, 2015 12:10 pm

Hi All,
I have applied in PEO & got the ILR for me and my wife last week through Tier-1 General route and planning to apply ILR to my 3 kids (age 1,5,7) in postal. Can you please I help me in,
Which form should I use for it? and
What are the supporting documents required?

Thanks in Advance

vinny
Moderator
Posts: 32798
Joined: Tue Sep 25, 2007 7:58 pm

Re: Can I Apply ILR Separately for dependents?

Post by vinny » Sat Sep 26, 2015 12:24 pm

SET(O).

However, if child was born in the UK, then child is entitled to register directly.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vel_userid
Newly Registered
Posts: 4
Joined: Fri Aug 26, 2011 2:45 pm

Re: Can I Apply ILR Separately for dependents?

Post by vel_userid » Sat Sep 26, 2015 8:06 pm

Hi Vinny,
Thanks for a quick reply. They were born in India.
when I read this SET(O) form, it asks many details which is not relevant to kids. for example any idea what should I do with questions like,
5.2 Do you or your partner, or both, pay any rent or mortgage for your home?
5.4 Does a relative or friend of you or your partner, or both of you, regularly give you money?
6.2 Since then have you had any absences from the UK? If yes, give the dates you left and returned to the UK and the reason for the absence in the spaces below.
-- Do i Need to fill these details, as it is not required for kids

Also I have no option to apply all 3 of them in one form as a child relation left with son/daughter and I'm not the main applicant,
should I fill 3 forms, one for each?

vinny
Moderator
Posts: 32798
Joined: Tue Sep 25, 2007 7:58 pm

Re: Can I Apply ILR Separately for dependents?

Post by vinny » Sun Sep 27, 2015 1:08 am

The children could have been included in your or your wife's SET(O) applications had they been applying for ILR at the same time as yours.

If they are applying on their own, then perhaps 3 separate SET(F) applications may be more appropriate?

They qualify for ILR under 319J or A277, A280(b), 298, 299.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vel_userid
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Posts: 4
Joined: Fri Aug 26, 2011 2:45 pm

Re: Can I Apply ILR Separately for dependents?

Post by vel_userid » Sun Sep 27, 2015 5:37 pm

Thank Vinny,
They were all eligible already by the time we applied, I could not get the appointment for all at the same date and decided to go with only me and my wife first.

They are eligible at 319J rules, But when I read the SET(F) form it was mentioned as below and hence I thought SET(F) is not the right application.
"If your last grant of leave was not issued under Paragraph 281, 284, 295A or 295D under Part 8 of the Immigration Rules you MUST NOT apply using this form. If you have not had leave under one of these categories and apply using this form you will be refused indefinite leave to remain under the Immigration Rules"

Also If follow the steps in UKVI site to find the form for settlement, fo this case it gives SET(O) form only.#
https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

where can I find for the If they qualify for ILR under 319J or A280(b), 298, 299 category I can use SET(F) forms?
one more thing, If I send the wrong form, will they take money and reject it or simply reject without taking money since the form itself not correct? any thoughts or experience

vinny
Moderator
Posts: 32798
Joined: Tue Sep 25, 2007 7:58 pm

Re: Can I Apply ILR Separately for dependents?

Post by vinny » Sun Sep 27, 2015 11:19 pm

vel_userid wrote:"If your last grant of leave was not issued under Paragraph 281, 284, 295A or 295D under Part 8 of the Immigration Rules you MUST NOT apply using this form. If you have not had leave under one of these categories and apply using this form you will be refused indefinite leave to remain under the Immigration Rules"
Well spotted!

It doesn't make any sense as these paragraphs are applicable to partners. They are not applicable to children. No child could have been granted leave under these paragraphs. Yet, the form's title is "Settle in the UK as a child under 18".

Moreover,
SET(F) wrote:This form is for the following categories:

Child under the age of 18 of a parent, parents or a relative present and settled in the UK
Adopted child under the age of 18 of a parent or parents present and settled in the UK
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vel_userid
Newly Registered
Posts: 4
Joined: Fri Aug 26, 2011 2:45 pm

Re: Can I Apply ILR Separately for dependents?

Post by vel_userid » Tue Sep 29, 2015 9:41 am

Yesterday I called the UKVI help line & they mentioned to go with one SET(O) form for each children separately. Finally I'm planning to go with the SET(O) form now.

It will be great if some one experienced on this scenario comments on this.

vinny
Moderator
Posts: 32798
Joined: Tue Sep 25, 2007 7:58 pm

Re: Can I Apply ILR Separately for dependents?

Post by vinny » Wed Sep 30, 2015 9:35 am

I think that they should be okay with either
SET(O) under 319J or
SET(F) under A277, A280(b), 298, 299.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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