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ILR - dependent - is custody doc req'd at ILR
Posted: Thu Mar 12, 2020 10:59 am
by arjay
We are applying for SET (M) for spouse and dependent child. Child was admitted when under 18 but is now over 18. I note that child's birth certificate is required (no issues there), but recall at Initial Entry and FLR(M) stages we provided custody documents, demonstrating that the birth mother (my spouse) had sole custody and sole responsibility for the child. Those documents are not mentioned at ILR stage and noting the child is now well over 18, can I assume that they are no longer relevant or required, (just the birth certificate)?
Re: ILR - dependent - is custody doc req'd at ILR
Posted: Thu Mar 12, 2020 12:28 pm
by zimba
arjay wrote: ↑Thu Mar 12, 2020 10:59 am
We are applying for SET (M) for spouse and dependent child. Child was admitted when under 18 but is now over 18. I note that child's birth certificate is required (no issues there), but recall at Initial Entry and FLR(M) stages we provided custody documents, demonstrating that the birth mother (my spouse) had sole custody and sole responsibility for the child. Those documents are not mentioned at ILR stage and noting the child is now well over 18, can I assume that they are no longer relevant or required, (just the birth certificate)?
How did she have sole custody at that time if she is your spouse ? Also over 18s need to show they are not leading an independent life
Re: ILR - dependent - is custody doc req'd at ILR
Posted: Thu Mar 12, 2020 1:41 pm
by arjay
Zimba wrote: ↑Thu Mar 12, 2020 12:28 pm
arjay wrote: ↑Thu Mar 12, 2020 10:59 am
We are applying for SET (M) for spouse and dependent child. Child was admitted when under 18 but is now over 18. I note that child's birth certificate is required (no issues there), but recall at Initial Entry and FLR(M) stages we provided custody documents, demonstrating that the birth mother (my spouse) had sole custody and sole responsibility for the child. Those documents are not mentioned at ILR stage and noting the child is now well over 18, can I assume that they are no longer relevant or required, (just the birth certificate)?
How did she have sole custody at that time if she is your spouse ? Also over 18s need to show they are not leading an independent life
The birth mother was granted sole custody from shortly after the child's birth, when the birth father left home. The child was then supported solely by the mother, until her mother met me in 2008. Since 2008 the child has been jointly supported by her mother and myself her step-father. In the Initial Entry application they wanted to know about custody and responsibility (and the whereabouts and involvement of the birth father) etc.
My point was, is any of that (history) relevant at ILR and should we include custody documentation at ILR noting that she is now over 18?
(The adult dependent is not living an independent life. She is still supported by her mother and myself and is studying at college).
Re: ILR - dependent - is custody doc req'd at ILR
Posted: Thu Mar 12, 2020 2:35 pm
by zimba
Custody does not matter for an adult
Re: ILR - dependent - is custody doc req'd at ILR
Posted: Thu Mar 12, 2020 2:54 pm
by arjay
Zimba wrote: ↑Thu Mar 12, 2020 2:35 pm
Custody does not matter for an adult
Thanks. I'll just stick with the birth certificate then, (and some documents to confirm she is living at our address and is at college).
Re: ILR - dependent - is custody doc req'd at ILR
Posted: Fri Mar 13, 2020 12:16 pm
by arjay
Zimba wrote: ↑Thu Mar 12, 2020 2:35 pm
Custody does not matter for an adult
I suppose what I am getting at here is, will they, or are they likely to, go back to check any of the information relating to initial entry (requirements), or is that now "water under the bridge" (so to speak), and thus can be excluded unless specifically asked for, like the dependant's birth certificate.
I note that they only require correspondence (to confirm living together) for the last 2.5 years as opposed to the last 5 years, which would tend to confirm that line of thinking.
Re: ILR - dependent - is custody doc req'd at ILR
Posted: Fri Mar 13, 2020 12:24 pm
by zimba
You need cohabitation proof for the last two years. The child's case is now treated as an adult