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ILR or Naturalisation for children straight from Tier 1

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

happycamper19
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Re: Naturalisation for children straight from Tier 1

Post by happycamper19 » Tue Feb 02, 2016 6:22 pm

secret.simon wrote:I stand corrected. Residence of at least two years is recommended for children over 13 years.

Pages 13-14 of the Guide MN lists the factors that the Home Office caseworkers take into account when granting registration under Section 3(1).

Again, it is at discretion. Remember that discretion can be exercised against your application as well. Discretion means that there are broad parameters, but no hard-and-fast rules and the better substantiated your case is, the better chance it has of success.
both of my kids are under 10, so that makes it less worrisome.

happycamper19
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Re: Naturalisation for children straight from Tier 1

Post by happycamper19 » Tue Feb 02, 2016 6:22 pm

secret.simon wrote:I stand corrected. Residence of at least two years is recommended for children over 13 years.

Pages 13-14 of the Guide MN lists the factors that the Home Office caseworkers take into account when granting registration under Section 3(1).

Again, it is at discretion. Remember that discretion can be exercised against your application as well. Discretion means that there are broad parameters, but no hard-and-fast rules and the better substantiated your case is, the better chance it has of success.
and thank you.

noajthan
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Re: Naturalisation for children straight from Tier 1

Post by noajthan » Tue Feb 02, 2016 6:51 pm

MadNomad wrote:...

I am not whining any more, I swallowed my medicine. If possible, can you share a link to the rules that ascertain the above? If correct, it looks like I need to change my lawyers.
You have the HO guidance on registration I posted for you earlier.

There is no defined residence requirement for young minors; they simply need to reside in UK (along with settling/settled/BC parents) and have a future that clearly lies in UK.
HO determine this, in part, from past behaviour.

When adults are naturalising they need to be free of immigration time restrictions for 12 months unless married to a BC.
This does not apply for minors who register; (review HO pdf file for confirmation).

In any case, if you had got their ILR at same time as parent/s the minors would have had to have waited (with at least one of the parents) for the parent's freedom from immigration time restrictions to play out over 12 months - if you see what I mean.

So - get the minors' ILR.
Shoot for privilege of citizenship.

(And yes, suggest reviewing the terms of engagement with those lawyer/s).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

happycamper19
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Re: Naturalisation for children straight from Tier 1

Post by happycamper19 » Tue Feb 02, 2016 9:34 pm

noajthan wrote:
MadNomad wrote:...

(And yes, suggest reviewing the terms of engagement with those lawyer/s).

Thankfully I have not signed anything with them yet.

happycamper19
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Re: Naturalisation for children straight from Tier 1

Post by happycamper19 » Wed Feb 03, 2016 10:19 am

CR001 wrote:I believe you need to use form Set(F) (click) for their ILR as they are not applying with a parent so cannot use Set(O). See also Set(F) Guidance Notes (click)
Are you absolutely positive about this? My children are on Tier 1 (General ) Dependant visas. They are PBS dependants. My understanding is that we can use Set (O) for them, hence no maintenance requirements. Please, anyone with expertise in this area, correct me if I am wrong.

Regards,

vinny
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Re: Naturalisation for children straight from Tier 1

Post by vinny » Wed Feb 03, 2016 10:52 am

sagareva didn't think that SET(O) was possible. However, he may be wrong, as the I think sub-paragraphs 319J(e)(i)-(iv) are not applicable when both parents are lawfully settled.
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.

happycamper19
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Re: Naturalisation for children straight from Tier 1

Post by happycamper19 » Wed Feb 03, 2016 11:02 am

vinny wrote:sagareva didn't think that SET(O) was possible. However, he may be wrong, as the I think sub-paragraphs 319J(e)(i)-(iv) are not applicable when both parents are lawfully settled.
thank you. why was sagareva banned?

vinny
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Re: Naturalisation for children straight from Tier 1

Post by vinny » Wed Feb 03, 2016 11:25 pm

However, a caseworker may agree with sagareva and CR001. Therefore, there may be a risk of refusal.
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.

happycamper19
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Making PEO appointment for two Set (O) applicants.

Post by happycamper19 » Tue Feb 09, 2016 3:08 pm

Hello,

I am applying for my 2 children for ILR using Set(O). I undestand that I need to fill out 2 separate applications for them. This also implies that I need to make 2 separate appointments for them. How can I make sure that I get their appointments at the same time? I will be grateful for any help you could offer.

Regards,

happycamper19
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Re: Making PEO appointment for two Set (O) applicants.

Post by happycamper19 » Fri Feb 12, 2016 12:18 am

Anyone?? Gurus?

happycamper19
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Any law firms that can examine your application?

Post by happycamper19 » Fri Feb 12, 2016 1:08 am

I was wondering if there are any immigration firms that can review your application pack for ILR but not represent you for PEO appointment. Obviously for a fee.

Any advice would be greatly appreciated.

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CR001
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Re: Making PEO appointment for two Set (O) applicants.

Post by CR001 » Fri Feb 12, 2016 8:17 am

Do you and your spouse already have ILR?

Children can use Set(F)
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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CR001
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Re: Any law firms that can examine your application?

Post by CR001 » Fri Feb 12, 2016 8:19 am

by MadNomad » Fri Feb 12, 2016 1:08 am
I was wondering if there are any immigration firms that can review your application pack for ILR but not represent you for PEO appointment. Obviously for a fee.

Any advice would be greatly appreciated.
Members are not permitted to name specific firms on the forum.

Of course we offer advice for free should you wish to post on the forum. The choice is yours of course.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

happycamper19
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Re: Making PEO appointment for two Set (O) applicants.

Post by happycamper19 » Fri Feb 12, 2016 9:03 am

CR001 wrote:Do you and your spouse already have ILR?

Children can use Set(F)
My previous legal team told me I need to use Set(O).

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CR001
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Re: Naturalisation for children straight from Tier 1

Post by CR001 » Fri Feb 12, 2016 9:19 am

vinny wrote:However, a caseworker may agree with sagareva and CR001. Therefore, there may be a risk of refusal.
You have already been advised that Set F can be used because both parents already hold ILR.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

noajthan
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Re: Naturalisation for children straight from Tier 1

Post by noajthan » Fri Feb 12, 2016 9:22 am

See...
CR001 wrote:I believe you need to use form Set(F) (click) for their ILR as they are not applying with a parent so cannot use Set(O). See also Set(F) Guidance Notes (click)
All that is gold does not glitter; Not all those who wander are lost. E&OE.

happycamper19
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Re: Naturalisation for children straight from Tier 1

Post by happycamper19 » Fri Feb 12, 2016 5:32 pm

noajthan wrote:See...
CR001 wrote:I believe you need to use form Set(F) (click) for their ILR as they are not applying with a parent so cannot use Set(O). See also Set(F) Guidance Notes (click)
Guys I respect you, but honestly, 2 legal teams told me I can use Set (O). Anyways this is besides the point.

In your view, which form is easier/simpler?

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Casa
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Re: ILR or Naturalisation for children straight from Tier 1

Post by Casa » Fri Feb 12, 2016 5:37 pm

It's not a question of which form is easier...it's which form is the right one. I agree with Sarageva, Vinny and CR001 that it should be SET(F) but the decision is yours. :|
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

happycamper19
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Re: ILR or Naturalisation for children straight from Tier 1

Post by happycamper19 » Fri Feb 12, 2016 5:40 pm

Casa wrote:It's not a question of which form is easier...it's which form is the right one. I agree with Sarageva, Vinny and CR001 that it should be SET(F) but the decision is yours. :|
Guys, I already told you, 2 unrelated teams of professional certified lawyers advised me that I am to use Set (O)!!!! My close friend used Set (O) for his kids when they applied after he got his ILR. They had no issues and were successful. This issue is settled.

My question to you is, which form is simpler to use. If Set(F) is easier, I will use that. If Set(O), I will use that one.

happycamper19
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PEO - Set(o)/Set (f) - single or separate appointments?

Post by happycamper19 » Fri Feb 19, 2016 4:44 pm

Hello,

I am applying for ILR for 2 children. Parents already settled. When booking PEO appointment, will I have to make 2 separate bookings for each child (GBP 1,900 x 2)? Or can I make a single booking for both of them (GBP 1,500 x 2 + GBP 400)?

If it is separate, then I pretty much have no guarantee that I will be able to book back-to-back appointments for them. Is this true?

I will be grateful for any information you could offer.

happycamper19
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Re: PEO Appointment Without Legal Counsel

Post by happycamper19 » Fri Feb 19, 2016 7:07 pm

Casa wrote:
MadNomad wrote:Hello,

I need to apply for ILR for my children (myself UK citizen already). Due to time constraints I need to go the PEO route. To save costs, I want to do it without lawyers.

My questions:

1. Is it possible to do a premium service same-day appointment as an applicant who is not represented by a lawyer?
2. Is it advisable? Assuming I fill out all documents correctly and attach all necessary supporting paperwork?

I will be grateful for any advice!
Most PEO appointments are attended without legal representation. In any event, the legal advisor simply presents the paperwork (as you will). There is no interview, the case worker will check the documents for validity and the application is either:
1. Approved on the day
2. Passed to a higher level of authority for a decision, with no approval on the day
3. Refused

If you feel capable of putting together all the mandatory documents you shouldn't need assistance from an Immigration solicitor or OISC registered advisor. Appointment slots are released onto the system 42 days in advance and some PSCs are fully booked earlier than others. There is currently an IT 'glitch' in the UKVI booking system, with a delay in slots appearing on the booking site...unless this has recently been resolved.
Thank you for that. How can I ensure that both of my kids get appointments together? Do I need to book twice (one for each child applicant)? We will be applying either under Set (o) or Set (f). I can't seem to find clear answers on this. Will be grateful for any info you could offer.

Regards

HarryJones
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Re: PEO Appointment Without Legal Counsel

Post by HarryJones » Fri Feb 19, 2016 7:14 pm

set(o)- you apply together, not twice

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Casa
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Re: PEO Appointment Without Legal Counsel

Post by Casa » Fri Feb 19, 2016 7:16 pm

Children under 18 should apply on form SET(F)
https://www.gov.uk/government/uploads/s ... _11-15.pdf

Bear in mind that visa fees will increase on the 6th April.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

happycamper19
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Re: PEO Appointment Without Legal Counsel

Post by happycamper19 » Fri Feb 19, 2016 7:18 pm

Casa wrote:Children under 18 should apply on form SET(F)
https://www.gov.uk/government/uploads/s ... _11-15.pdf

Bear in mind that visa fees will increase on the 6th April.
Just to clarify. I am setlled and naturalised already (so if my spouse). Our kids are still on PBS Dependant visas. I am applying for their ILRs.
I want to apply asap (this month). However, I am confused about how I go around booking PEO appointment for them. I understand that each requires separate Set (o) / Set (f) application. This, by extension, means each is required to have a separate appointment. Am I correct? If you can, please explain how do I go about booking PEO to ensure that both applications can be reviewed at the same time.

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Casa
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Re: PEO Appointment Without Legal Counsel

Post by Casa » Fri Feb 19, 2016 7:27 pm

Book two time slots, one immediately following the other. SET(F).
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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