Over 18 dependent child Of Settled Person - 19/05/15

I hope i can get help with my questions below;

I am a dependent child of a ILR holder. I am dependent upon my mother who recently gained ILR under 10 years long residency.
I first entered the uk on sep 2005 (aged 9).

My mother entered the UK as a Nurse in 2004 and has since been on work permit visa but accumulated 10 years here so she alone applied for ILR as it was under discretion due to some gaps in the work permit.

I am 19 years old now and i want to apply for ILR. I still live with my Mother at the same address , have a part time job and still dependent on my mother. I was wondering if i will be eligible to apply as a dependent child of a settled person on form SET (F) ? if possible will i also be able to apply at PEO.

Or will i have to accumulate 10 years residency on my own merits which will be September 2015 (bearing in mind that there have been some GAPS with my Mothers work permit visas over the 10 years and my visa status would be attached to hers - she has ILR now)

My worry is I have a university place for September 2015 and hopefully if i get the ILR i will qualify as home student fees and will be eligible to apply to student finance for tuition fee loan.

I have a younger sister who is 16 years old and came to the UK the same time as me but i would imagine her getting ILR wouldnt be any worry. Can she apply too using form SET (F) ?

I will really appreciate any advise.

Thank you.

What's the status of your other parent?
What's the category of your current leave?
When will your leave expire?

- I don't live with my other parent my parents seperated when i was very young and i am sorely dependent on my mother my father lives back home.

- My current leave is PBS dependent ( my mother just got ILR this May 2015 so i havn't changed anything yet)

- My current leave will expire in Nov 2019 (should have only been 2 year extension back in Nov 2014 but they gave us 5 years - Doesnt matter now my mum now has ILR)

I think that it may be safest for you to wait and apply for SET(LR) when eligible.

Your under 18 year old sister may apply for SET(F) under A280(b), 299.

Hi, I'm also in a similar process of applying for ilr.
I'm currently on pbs dependent visa but my mum just recently (main sponsor) got ilr through 10 year LR (she was previously on tier- 2 work permit before ilr) so I will be applying as a over 18 dependent child through SET (F).

- Will I need to switch category since my mum (sponsor) stays changed? My current visa is still valid until 2019 - still got dependent visa from when she was on tier 2) before applying for the ilr or that shouldn't apply to me since I am applying for ilr soon.
This situation is worrying me and I am a scread that because of this they might say ground for refusal. Because of switching visa category.
Please do one reassure me whether this is the case of not.

- What's the possibility of my getting ilr + I've lived here since ages 9 years now 19 years old
- the fact that I'm working part time will that affect my application as dependent ( there's a section on the form asking how much I get from my mom each month - how do I fill that part out as I have my own salary coming in, won't that show I'm not financially dependenr on her then. But I guess I am emotionally dependent upon her and I'm still living at home same address with mum.

Thanks

If you have been here for 10 years and had legal visa status for the full period and meet the standard requirements, you should be able to apply for ILR on SET(LR) based on long residency. Wait for one of the other mods to confirm.

Ok thank you for your reply.
But I was thinking to apply through dependent child of my mother on set f.
It said over 18 child will need to have had last leave granted under paragraph 302 which I'm not sure I had leave under that. I currently hold PBS Dependent

But if I want to wait till I am able to qualify for ilr in August I may not be able to qualify for student loan as I'm due to go to uni this year, I've already taken a year out. That's the issue

And there have been some gaps when my sponsor was on work permit but she still got ILR on long residence. If she can get ilr then I don't know as her dependent if that will affect me too. I this was given to her under the discretion of the case worker. What if the case worker dealing with my case picks up on that.

If I go to PEO with set F filled with all supporting documents and evidence and my moms ILR documents do you think they will consider me under discretion.
As child of settled person I've spent more than half my life here and done all my schooling here.

Perhaps you may get lucky. But I don't see any applicable provisions in the Immigration rules.

6. Family members wrote:Children over 18
Your children may have to leave the UK if they’re not eligible to apply separately and are over 18.

Thank you so much Vinny for your replies so far;


I've decided I won't take the risk and will wait till I'm eligible to apply for ILR under my own right as I'm 0ver 18 now - under 10 year long residency.


- I'm quite worried about my current leave when it comes to applying as in still on the PBS dependent and I will not be eligible to apply for the ILR until another few months.
Is there anything in the immigration rules regarding current leave while main applicant has obtained ILR and dependent still on PBS dependent. But my current visa is valid until 2019.

- the gaps that occurred while main applicant was still on WP some years back. If they are looking at immig history over the 10 years but main applicant got ILR underling residency dispite the gaps. I don't know if that will affect me and I was still a minor when all that happened
Thanks.

H_sil26 wrote:- I'm quite worried about my current leave when it comes to applying as in still on the PBS dependent and I will not be eligible to apply for the ILR until another few months.
Is there anything in the immigration rules regarding current leave while main applicant has obtained ILR and dependent still on PBS dependent. But my current visa is valid until 2019.

Should be okay.

H_sil26 wrote:- the gaps that occurred while main applicant was still on WP some years back. If they are looking at immig history over the 10 years but main applicant got ILR underling residency dispite the gaps. I don't know if that will affect me and I was still a minor when all that happened
Thanks.

What sort of gaps?

The gaps occurred due to redundancy and work permit was cancelled. Another one was obtained with a new employer and then leave got curtained.
That was the cause of gaps apart from that never been out of the country for more than 2 weeks at one time.
And basically spent half my life in the UK.

It wasn't my fault all that happened but I don't want it to affect me. When all that happened I was a child.
That's my only worry but everything else is straightforward.

As you mother was successful, you should be too.

Short gaps may be disregarded under 276B(v).

My SET(LR) appointment is coming up soon.
I was wondering do I have to provide documents for every year that I have been here for the full 10 years aswell as all your passports I've held over the 10 years?

- I've been worried about that because there are some years that I don't have extra documents for certain years because I was a child at primary school

- how to ask for discretion in a cover letter?

- will they disregard gaps that aren't your fault and you had no control over because you were a minor at the time if explained as compassionate circumstances.

- what do you think will be my chance if main applicant got ILR ILR through long residency despite GAPS or maybe in their system they might not even have it as a gap

- I can't stop thinking about my application
My whole life is in the UK. I consider my self British but technically not. I spent half my life here. I wish and hope my ILR will be granted. In sha allah.

Can you post your immigration covering your full stay in the UK? If you have long periods of absence or no valid leave, you might have a problem.

Only the passports (all of them) covering the full 10 years, including the passport you used to enter the UK, need to be submitted, no other documents to cover the 10 years.

It would be useful to continue in your existing thread so that members who offer advice can read your full history.

http://www.immigrationboards.com/indefi ... l#p1210199

You have already been advised in the thread below not to create mulitple/duplicate threads

http://www.immigrationboards.com/indefi ... 86565.html

Topics have now been merged.

I'm sorry about opening a new thread I'm still new on this site. But I will try and put everything in the same thread.

- I have not been out of the UK for more than two weeks each time I've travelled out much and have been continually living in the UK.Everything looks fine but the only questions
is the is lawful stay has been broken?
- please refer to my previous posts to understand my immigration history

- I don't even know if that is even properly considerd as a GAP because they wee leave curtailments and the soon after was issued new visas.
Would it help in my case also if I explained in the cover letter that I was a dependent of my mum and she got ILR through long residence. Btw she came to the UK 1 year before me

I went to Solihull today Premium service indefinite granted within 1.5 hours no questions asked.
I thank everyone that has contributed to all the posts I have made.