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Tire 1 (G) and ILR for dependent (confusion....please help))

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

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Tire1Questions
Member
Posts: 139
Joined: Fri Aug 26, 2011 8:57 pm

Tire 1 (G) and ILR for dependent (confusion....please help))

Post by Tire1Questions » Wed Aug 27, 2014 9:13 pm

hi there,
I have got ILR (based on Tire 1 G) last week.
While filling up the form, i did not provide any details of my dependents on application form.

Now, I wish to apply for my wife. Should I use the same form SET O for her as well? The lanugage they have used in SET O is mainly from the main applicant point of view...which confusing me.
Is there any other form for dependents to use????

Please advise...

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Tire 1 (G) and ILR for dependent (confusion....please he

Post by Obie » Wed Aug 27, 2014 10:27 pm

Set O should be fine, when did they your wife arrive in the UK?

Were your children born here?
Smooth seas do not make skilful sailors

Tire1Questions
Member
Posts: 139
Joined: Fri Aug 26, 2011 8:57 pm

Re: Tire 1 (G) and ILR for dependent (confusion....please he

Post by Tire1Questions » Thu Aug 28, 2014 8:16 am

NO, the kids were born in India. Wife arrived in UK along with me.

You do not sound very confident about SET O form.
Can someone please confirm that they have used it and SET O is the only form I should use to apply for ILR for Tire 1 dependents. (the main applicant is not applying as he already got ILR).

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Tire 1 (G) and ILR for dependent (confusion....please he

Post by Obie » Thu Aug 28, 2014 11:23 am

Well i am very confident that your wife should use Set (O).

What puzzles me, was why you did not add your wife as a dependent on your application, as she qualifies then and now.

I asked about your children, to ascertain whether they were born here, and if they were, whether you intention is to register them as British.

If you intend to register them, then it makes no sense to apply for them under Set (O).
Smooth seas do not make skilful sailors

Tire1Questions
Member
Posts: 139
Joined: Fri Aug 26, 2011 8:57 pm

Re: Tire 1 (G) and ILR for dependent (confusion....please he

Post by Tire1Questions » Thu Aug 28, 2014 11:42 am

Thanks Obie,
The plan was to apply mine first though PEO and once I get ILR apply though post for my wife and kids, hence did not included her name on my application form.

The kids were born in India and come to UK on T1 G Dependent visa. I found on this form if the kids are not born in UK, than having their ILR is best bet to achieve British citizenship. Had they been born in UK, I could have avoided their ILR and go straight to MN1. Please correct me I am wrong somewhere....

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Tire 1 (G) and ILR for dependent (confusion....please he

Post by Obie » Thu Aug 28, 2014 1:11 pm

Well 9.17.24 provides for that, but there are certain exception to that, in 9.17.25 - 9.17.26. In any event the guidance is not law, the best interest of the children will need to be consider.
[b]Conditions of stay[/b] wrote: 9.17.24
We should normally expect a minor to be free of conditions of stay
because the future of a child whose stay is restricted does not clearly
lie here (see 9.17.2). Registering a minor who is on conditions has
the effect of cancelling their conditions because, on becoming a
British citizen, the minor would cease to be subject to immigration
control.
Smooth seas do not make skilful sailors

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