ILR for child(born in India)

Hi All,

I have got my ILR last week.
[My success story: http://www.immigrationboards.com/post11 ... l#p1194315]

Now, I need to apply for my child ILR(born in India).

I am not sure, what forms( set o ?) I need to complete for her?

I am in UK since june 2010, My wife and kid joined me in UK in March 2011. I went for ILR myself only, as my wife(has dependent visa valid till sep 2016) is still preparing for LIUK. Now I just to want to apply for my child's ILR.

Regards,
Hussain

SET(O) (319J).

vinny wrote:SET(O) (319J).

i hate to be a show stopper here, but on a literal reading of 319J(e)(iv), the child could only receive ILR if they applied at the same time with the father (in this case)

now, it would be required for the mother to also be applying

it is though possible to make a case that aplication within 28 days is akin to a simultaneous application in all respects, but you need to reiterate that, perhaps without pointing out the relevant paragraph specifically

but if you leave it longer, the kid will be stuck and not eligible for pretty much anything until both parents are settled

plus i have always held and continue to hold a view that pre-july 2012 PBS dependant loses status once the principal migrant gets ILR, which was the position prior to 2012 reforms, and that the 2016 validity does not apply to your wife. dependants' levae used to disappear once the principal migrant changed status, and there is no reason to suggest it is now any different for people who became dependants under pre-july 2012 rules

i know HO caseworkers are sometime too dumb to see it, and this all works -- but i'd not be comfortable with that -- i'd advise her to apply for at least something within 28 days of your ilr

(e) Both of an applicant's parents must either be lawfully settled in the UK, or being
granted indefinite leave to remain at the same time as the applicant, unless:
(i) The Points Based System Migrant is the applicant's sole surviving parent, or
(ii) The Points Based System Migrant parent has and has had sole responsibility
for the applicant's upbringing, or
(iii) there are serious and compelling family or other considerations which would
make it desirable not to refuse the application and suitable arrangements have
been made for the applicant's care, or
(iv) One parent is, at the same time, being granted indefinite leave to remain as a
Relevant Points Based System Migrant, the other parent is lawfully present in the
UK or being granted leave at the same time as the applicant, and the applicant
was granted leave as the child of a Relevant Points Based System Migrant under
the Rules in place before 9 July 2012.

Thanks for pointing out

at the same time

I am really confused and concerned now, are you guys suggesting:

1) I can not apply for my child alone?

2) My wife and child current Tier 1 dependent visa is invalid now(as I have got ILR)?

3) My wife and daughter will be visting India during summer vacation, if I don't get ILR for them by that time, they won't be allowed in?

I have seen many cases in this forum where others have applied for Wife/Chile ILR after the main applicant has been granted ILR(am I the only one applying for child only ILR?).

I would really appreciate your replies.

Kind Regards,
Hussain

2) My wife and child current Tier 1 dependent visa is invalid now(as I have got ILR)?

Their visas are not invalid because from your previous posts, it appears you got ILR based on 5 years Tier 1.

3) My wife and daughter will be visting India during summer vacation, if I don't get ILR for them by that time, they won't be allowed in?

They can remain as PBS dependents and travel as long as their visas are still valid. I would guess that the childs visa has the same expiry as the mothers visa.

Hi CR01,

Thanks a lot for your reply, some relief(atleast they can travel, as my wife is going to attend her brother's marriage ).

Yes, I got my ILR based on 5 years on Tier1. [I had an extra extension, as there was a gap of 13 months between first and second entry to UK]
Yes, My wife and daughter Tier 1 dependent visa expiry is same( Sep 2016).

so to my original question, can I apply for my daughter’s ILR alone or I have to wait for my wife to complete LIUK?

Regards,
Hussain

I have to wait for my wife to complete LIUK

Once passed, she can apply on Set(O) with your child as dependent.

Hi CR01,

Thanks again for the reply

I spoke to a solicitor, he said that I can apply for my daughter alone, as she has entered UK before 2012 July rule.

I am searching about the 2012 July rule for dependent, I will also drop email to HO about this.

Meanwhile, if anyone is aware of any such rule, please share your experience.

Kind Regards,
Hussain

HI Guys,
I need little help, I got my ILR last Friday (Set (LR)) using Premium Service, which was quite straight forward... Submitted my all passports, MSc Degree from UK and LIFE IN UK TEST. thats all.
now my daughter who came with me from Pakistan in Feb 2004 (she was only 4 months old when she arrived in UK) got her appointment in Solihul next week. What documents I will need to submit with her application?
I believe it should be only Application form, photos and all the passport to show her visas and IN/OUT stamps..Anything else?

Kind regards,
Haseeb

What about your child's other parent?

Hi Haseeb,

r u applying for your daughter alone?

Regards,
Hussain

yes with SET (LR) is only for individuals dependents are not allowed, she is here for over 10 years now so thats why I decided to go for it as since last month you can use premium service as well.

Sorry Vinne just seen you reply up in the thread...
My wife got appointment this week. We all have to apply separately... We were waiting for Aug to apply as family on Tier 2 using premium service but then saw this opportunity to save 3 months.

Dear Members,

I have received my ILR(5 years on Tier 1 route), I am planning to apply for my Tier 1 dependents ILR with my wife as main applicant and my daughter as dependent on Set(o) application form.

I have checked immigration rules, I don't see any where that we need to maintain any fund for my dependents for their ILR but suggestion for the forum members will be really appreciated.

Also I don't know, if I need to complete the finance section in Set(o) for my dependents.

Regards,
Hussain

Many of us would have thought about this atleast once.

Please guys let me know, if there is any requirment for maintinance for dependent(Tier 1 dependent going for ILR)?

Anyone please?

Hi All,

OK SO I sent below email to HO>>>>>>>>>

===============================================================================================================
Dear Team,

I have got my ILR(on 5 years route on Tier 1 General) last week, I could not apply for my wife and daughter ILR, as wife was still preparing for LIUK.

I have query related to my Child’s ILR, Can I:
1) Apply for my daughter’s ILR alone?
2) What application form I need to complete(set O ?), If am applying for my daughter’s ILR only?
3) Will my child be the main applicant in the application form?

My wife and daughter first got Tier 1 General dependent visa in FEB 2011 in India, they joined me in UK in March 2011 and since then, they are living with me.
My wife and daughter current Tier 1 General dependent visa is valid until October 2016.

Also can they(My wife and daughter) travel outside of UK with the current Tier 1 General dependent visa(please note I am on ILR now)?

===============================================================================================================

They replied>>>>>>>

===============================================================================================================
Dear Qumar,

Your child will not be eligible for ILR until both parents are settled. She should continue as a dependant on your wife’s application.

KRs

===============================================================================================================

Then I again sent below email>>>>>>>>>>>>

===============================================================================================================

Dear xxxx,

Thank you very much for your kind help.

I may be wrong but as per below, My child should be eligible for applying ILR alone( as both my wife and daughter came to UK in March 2011, so the pre July 2012 rules should be applicable on them).

Home Office - Family members of points-based system migrants[24th April 2015]:
PBS dependent child applications received on or after 9 July 2012 where only one of the parents has ILR
----------------------------------------------------------------------------------------------------------------------------------------------------------
"Paragraphs 319F-319J of the Immigration Rules have been changed so that a child cannot be granted ILR as the family member of a PBS migrant until both parents have been or are being granted ILR. However, the rules have also been changed to provide a route of entry for the child of a PBS migrant who has ILR and a PBS dependent partner who is still serving their probationary period for ILR.
Transitional arrangements are in place to allow children who were granted leave before 9 July 2012 as the child of a PBS migrant to get ILR in line with that migrant, provided the other parent is lawfully in the UK or being granted leave at the same time as the child."

===============================================================================================================

Then they reply with >>>>>>>>>>>>

===============================================================================================================
The rules you are quoting refer to the Points Based System and their dependants. The family route should not be confused with this route. How the child is dealt with will depend on how the person who now has ILR, obtained that ILR. If it was through PBS then the advice below seems to apply. If it was through Long Residency then the child cannot settle until the mother is settled because they are no longer classed as dependents of a PBS migrant.
===============================================================================================================

So based on this, I can apply for my child only but I am little unsure about the statement of pre july 2012:

"child of a PBS migrant who has ILR and a PBS dependent partner who is still serving their probationary period for ILR."

As my wife is not serving any probationary period, I am waiting for her to complete the LIUK/B1.

Regards,
Hussain

If a dependants haven't yet been granted ILR, then they may be considered as still serving their probationary period for ILR.

Hello Team,

I am an ILR holder (got couple of weeks back under Tier1 route), My daughter(born in India) and my wife joined me in UK on March 2011(under pre 2012 july).

Me and my dependents had to go for Tier 1 extension in October 2013(I think pre 2012 july is still applicable to my dependents?).

I sent email to HO and got confirmation email that My child alone can apply for ILR.(note: I am not applying for my wife ILR at the moment)

Now I am thinking, do my daughter has to really apply for ILR? as she got Tier 1 dependent visa valid till October 2016.

I will be applying for naturalization in June 2016, can I register my daughter at the same time(no need to get ILR for her?)?

Regards,
Hussain

As your daughter was not born in the UK, the registration will be under Section 3(1) at the discretion of the Home Office.

The Home Office normally expects one parent to be a British citizen and the other parent to be either a British citizen or "settled in the UK" (ILR). So, unless your wife also applies for ILR, your daughter's registration may also fail.

Your daughter's visa status would generally be in line with that of your wife.

Hi All,

I will be soon applying for my wife ILR application(Tier 1 Genera dependent valid until Oct 2016) along with my daughter, I have got my ILR in June 2015.

I will be using below cohab documents:

- Marriage Certificate
- Birth Certificate(child)
- Water Bill(2 years)
- Electricity + Gas Bill(1 year, 8 months).
- Council Bills(2 years)
- Rent Agreement(2 years)
- My wife Bank Statement( 1 year) + Salary Slips 6 month.
- My Bank statement + Salary Slip(6 months)

I have been through some of the threads in this forum, found few thread, where it was suggested the cohab documents should be from 3 different sources and they should be issued on every 4 months in last 2 years.

Unfortunately the water & Electricity + Gas company issue bills every 6 months. So I have 4 bills from each of them.

Also council bill and rent agreement(extension) is done every year, so I little unsure about the cohab documents, I have for my wife and daughter ILR application.

Regards,
Hussain

Really appreciate, if someone can please share their experience.

Hi All,

I came across a guide line for Financial Requirement of Family Migration:
https://www.gov.uk/government/uploads/s ... t_2015.pdf

I know from April 2016, there are some financial requirement required for Tier 2 main applicant but I thought, there is no Financial requirement for dependent of any category?

Regards,
Qumar