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Extension or ILR application as family?

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, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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HappyChap2021
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Argentina

Extension or ILR application as family?

Post by HappyChap2021 » Thu Nov 21, 2024 4:27 pm

I have applied for ILR set O , but my decision has not been given yet. my skilled worker visa is valid till end of april. I did not apply for my wife together with me. She has finished the 5yrs, but Her BRP will expire end of november. Shoudl i extend her visa based on my initial skilled worker visa,since i am afraid it will expire before i get an answer on my ilr, or can i apply for ILR for her knowing that she will not receive an answer before i get the ILR granted.

I did not see an option where i can do the ILR fapplication (only found: Settle in the UK as the partner of a person, or parent of a child, who is in the UK and settled here: form SET(M). I am in the UK but i am not considered settled. Or is this form the same regardless of grant of approval?
thanks in advance

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CR001
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Re: Extension or ILR application as family?

Post by CR001 » Thu Nov 21, 2024 5:29 pm

ILR on form SET O. Her application will be held till your has been decided.

Set M is NOT the correct form.
Char (CR001 not Casa)
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HappyChap2021
Junior Member
Posts: 55
Joined: Sat Sep 11, 2021 1:18 pm
Argentina

Re: Extension or ILR application as family?

Post by HappyChap2021 » Fri Nov 22, 2024 11:25 am

CR001 wrote:
Thu Nov 21, 2024 5:29 pm
Ilr on form SET O. Her application will be held till your has been decided.

Set M is NOT the correct form.
thank you very much for your quick response.

Can i do two seperate applications? my wife alone and my child alone? Reason for not having both in one application : I was told it is easier to find single biometric appointments earlier.

HappyChap2021
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Posts: 55
Joined: Sat Sep 11, 2021 1:18 pm
Argentina

Re: Extension or ILR application as family?

Post by HappyChap2021 » Sat Nov 23, 2024 11:54 am

I have done now two seperate applications. One for my wife and one for my child. I now can book the biometric appointment:
Would appreciate help with this question:
Can they do the biometric BEFORE i get my ILR granted? or should i wait and book it after i am sure i have mine granted?

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CR001
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Re: Extension or ILR application as family?

Post by CR001 » Sat Nov 23, 2024 12:28 pm

It doesn't matter when they do their biometrics, it is only for identity check and fingerprints/photos.

Their applications will be held until your ILR is either approved or refused.
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.

HappyChap2021
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Posts: 55
Joined: Sat Sep 11, 2021 1:18 pm
Argentina

Re: Extension or ILR application as family?

Post by HappyChap2021 » Mon Nov 25, 2024 7:52 pm

A follow up question please:
I applied for priority for my wife, but we did not get an answer on my ILR. So in theory if she does her biometric in two days the logical UKVI answer woudl be that they can not meet the priority condition given main applicant is not yet approved.
I was trying to change her biometric appointment but only got the option to cancel.. what does this mean please? i am afraid to push the link and not be able to book a new appointment... a real shame for this lame portal in 2024 :(

HappyChap2021
Junior Member
Posts: 55
Joined: Sat Sep 11, 2021 1:18 pm
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Re: Extension or ILR application as family?

Post by HappyChap2021 » Sat Nov 30, 2024 2:25 pm

Was lucky to get an appointment for December in London. I know the documents that need to be submitted for my wife settlement. My question is for children.
What suggested documents (other than the ones requested by UKVI) Would you recommend to add?
One child is under 16 one is 19yrs.

Another question:
Should i mention dates they spent outside of uk (mainly. vacations) ? or do dependent children exempt of the 180days rule..

many thanks in advance

secret.simon
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Re: Extension or ILR application as family?

Post by secret.simon » Sat Nov 30, 2024 4:18 pm

HappyChap2021 wrote:
Sat Nov 30, 2024 2:25 pm
one is 19yrs.
While this is not an answer to your queries on the ILR applications, be aware that, post ILR, dependency of children on the parents for immigration comes to an end. Indeed, the immigration process terminates at ILR and each person will have an independent ILR status once granted.

If the plan is to eventually get British citizenship, (if not married to a British citizen themselves,) the elder 19 year old child will need to meet all the requirements for naturalisation in their own right, which will involve waiting for at least one year from the date of being granted ILR before applying for naturalisation. They will also need to meet the English language requirement and the LITUK requirements, the absence requirements over five and one years and the requirement to be physical present in the UK five years before the date of application. For that application, they will need to list all absences from the UK in the five years immediately before the date of application for naturalisation.

Essentially they will make the same application and need to meet the same requirements as you. And there is no family application for naturalisation.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

HappyChap2021
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Re: Extension or ILR application as family?

Post by HappyChap2021 » Sat Nov 30, 2024 10:09 pm

secret.simon wrote:
Sat Nov 30, 2024 4:18 pm
HappyChap2021 wrote:
Sat Nov 30, 2024 2:25 pm
one is 19yrs.
While this is not an answer to your queries on the ILR applications, be aware that, post ILR, dependency of children on the parents for immigration comes to an end. Indeed, the immigration process terminates at ILR and each person will have an independent ILR status once granted.

If the plan is to eventually get British citizenship, (if not married to a British citizen themselves,) the elder 19 year old child will need to meet all the requirements for naturalisation in their own right, which will involve waiting for at least one year from the date of being granted ILR before applying for naturalisation. They will also need to meet the English language requirement and the LITUK requirements, the absence requirements over five and one years and the requirement to be physical present in the UK five years before the date of application. For that application, they will need to list all absences from the UK in the five years immediately before the date of application for naturalisation.

Essentially they will make the same application and need to meet the same requirements as you. And there is no family application for naturalisation.
Thank you very much for the heads-up. Yes the plan is eventually for Naturalisation. We will cross the bridge when we get there.
For now the focus is on ILR.

HappyChap2021
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Posts: 55
Joined: Sat Sep 11, 2021 1:18 pm
Argentina

Re: Extension or ILR application as family?

Post by HappyChap2021 » Sun Dec 01, 2024 3:51 pm

secret.simon wrote:
Sat Nov 30, 2024 4:18 pm
HappyChap2021 wrote:
Sat Nov 30, 2024 2:25 pm
one is 19yrs.
While this is not an answer to your queries on the ILR applications, be aware that, post ILR, dependency of children on the parents for immigration comes to an end. Indeed, the immigration process terminates at ILR and each person will have an independent ILR status once granted.

If the plan is to eventually get British citizenship, (if not married to a British citizen themselves,) the elder 19 year old child will need to meet all the requirements for naturalisation in their own right, which will involve waiting for at least one year from the date of being granted ILR before applying for naturalisation. They will also need to meet the English language requirement and the LITUK requirements, the absence requirements over five and one years and the requirement to be physical present in the UK five years before the date of application. For that application, they will need to list all absences from the UK in the five years immediately before the date of application for naturalisation.

Essentially they will make the same application and need to meet the same requirements as you. And there is no family application for naturalisation.
Just another point that you may not know: When applying for the ILR every dependent child i was asked to show proof for both passing the LIfe in the uk test + english language skills. I doubt this will be asked again for the naturallization.

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CR001
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Re: Extension or ILR application as family?

Post by CR001 » Sun Dec 01, 2024 3:55 pm

HappyChap2021 wrote:
Sun Dec 01, 2024 3:51 pm
secret.simon wrote:
Sat Nov 30, 2024 4:18 pm
HappyChap2021 wrote:
Sat Nov 30, 2024 2:25 pm
one is 19yrs.
While this is not an answer to your queries on the ILR applications, be aware that, post ILR, dependency of children on the parents for immigration comes to an end. Indeed, the immigration process terminates at ILR and each person will have an independent ILR status once granted.

If the plan is to eventually get British citizenship, (if not married to a British citizen themselves,) the elder 19 year old child will need to meet all the requirements for naturalisation in their own right, which will involve waiting for at least one year from the date of being granted ILR before applying for naturalisation. They will also need to meet the English language requirement and the LITUK requirements, the absence requirements over five and one years and the requirement to be physical present in the UK five years before the date of application. For that application, they will need to list all absences from the UK in the five years immediately before the date of application for naturalisation.

Essentially they will make the same application and need to meet the same requirements as you. And there is no family application for naturalisation.
Just another point that you may not know: When applying for the ILR every dependent child i was asked to show proof for both passing the LIfe in the uk test + english language skills. I doubt this will be asked again for the naturallization.
You WILL be asked for it again for Naturalisation, which is NOT an immigration application and has its own laws and requirements.
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.

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