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ILR application for children (URGENT)

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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yfaheem
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ILR for dependent partner

Post by yfaheem » Mon Oct 14, 2024 11:12 am

Hello all,
lately I am in receipt of a British Citizenship certificate. My dependents (wife+kids) are completing their 05 years in end Dec 2024 under PBS global talent dependents. I have few queries.

1) Do they must need ILR or apply directly for BC as dependents of a BC?
2) If required, which application form should they use to apply for ILR?
3) After their ILR is accepted, can they apply for BC straightaway?
4) Any other information required

Thank you.

yfaheem

secret.simon
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Re: ILR/Settlement application for dependents while main applicant gets BC

Post by secret.simon » Mon Oct 14, 2024 11:29 am

yfaheem wrote:
Mon Oct 14, 2024 11:12 am
1) Do they must need ILR or apply directly for BC as dependents of a BC?
They all (except children born in the UK) need ILR before applying for British citizenship.
yfaheem wrote:
Mon Oct 14, 2024 11:12 am
3) After their ILR is accepted, can they apply for BC straightaway?
Yes, assuming that they meet the other requirements.
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.

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zimba
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Re: ILR/Settlement application for dependents while main applicant gets BC

Post by zimba » Mon Oct 14, 2024 11:54 am

yfaheem wrote:
Mon Oct 14, 2024 11:12 am
Hello all,
lately I am in receipt of a British Citizenship certificate. My dependents (wife+kids) are completing their 05 years in end Dec 2024 under PBS global talent dependents. I have few queries.

1) Do they must need ILR or apply directly for BC as dependents of a BC?
2) If required, which application form should they use to apply for ILR?
3) After their ILR is accepted, can they apply for BC straightaway?
4) Any other information required

Thank you.

yfaheem
Kids do not have a residence requirement and settle when their parents do. The GTV route is also not part of the PBS system.
They should apply together for ILR using form SET(O) choosing the Tier 1 Dependnat route
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

yfaheem
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Re: ILR/Settlement application for dependents while main applicant gets BC

Post by yfaheem » Mon Nov 04, 2024 4:42 pm

zimba wrote:
Mon Oct 14, 2024 11:54 am
yfaheem wrote:
Mon Oct 14, 2024 11:12 am
Hello all,
lately I am in receipt of a British Citizenship certificate. My dependents (wife+kids) are completing their 05 years in end Dec 2024 under PBS global talent dependents. I have few queries.

1) Do they must need ILR or apply directly for BC as dependents of a BC?
2) If required, which application form should they use to apply for ILR?
3) After their ILR is accepted, can they apply for BC straightaway?
4) Any other information required

Thank you.

yfaheem
Kids do not have a residence requirement and settle when their parents do. The GTV route is also not part of the PBS system.
They should apply together for ILR using form SET(O) choosing the Tier 1 Dependnat route
Thanks for your reply. Can you also help answering the following?

1. My children are below 13 so can I apply for their naturalization directly without applying for ILR?
2. Does my wife must spend 01 year ILR before she is eligible to apply for naturalization?

Thanks

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zimba
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Re: ILR/Settlement application for dependents while main applicant gets BC

Post by zimba » Mon Nov 04, 2024 5:01 pm

This is the ILR forum, continue to ask nationality questions in the relevant subforum :!:

1. Kids do NOT naturalise, instead they get registered. Also, non-UK-born children do NOT have any automatic entitlement to British citizenship either. If the kids were born in the UK, they could have been registered as British when you got ILR. You already were advised above that non-UK-born children need ILR before they can be registered but it seems you did not read the advice given.

2. No. The spouse of a British citizen can be naturalised right after getting ILR
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

yfaheem
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ILR for dependent partner

Post by yfaheem » Thu Nov 28, 2024 2:01 pm

Dear forum colleagues

My wife is applying for ILR under 5 yr route and her last visa is global talent dependent. Her first visa entry is as follows

T2 Partner start date: 03/01/2020
entry in UK: 15/01/2020
expiry date of current visa: 20/06/2025

What would be her earliest possible ILR application date (UKVCAS appointment)?
I tired to calculate from online it shows 05/12/2024, is this correct indeed?

Many thanks.

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zimba
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Re: ILR for dependent partner

Post by zimba » Fri Nov 29, 2024 12:11 am

The date of ILR decision must be within 28 days of completing her 5 years or later

Applicants can benefit from the date of the ILR decision
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

yfaheem
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Applied for ILR but need to travel

Post by yfaheem » Tue Feb 04, 2025 4:48 pm

Hello all,
0
My spouse applied for ILR under GTV dependent Set (O) last year and waiting for the decision. We need to make arrangements very soon for travel overseas. Her dependent evisa expires in June 2025. I have few questions

1) Can she travel? if not what implications.
2) Which email we contact home office to expedite.

Thanks.
faheem

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zimba
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Re: Applied for ILR but need to travel

Post by zimba » Tue Feb 04, 2025 4:53 pm

An applicant should NOT travel outside the UK after submitting their application online or else the application will be considered automatically withdrawn (as per paragraph 34K of the UK immigration rules). There is no official way to expedite an application

Recent case: https://www.immigrationboards.com/viewt ... p?t=347791

Online applications, UKVCAS appointments, eVisa & BRP queries - Read before you post
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

yfaheem
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ILR application for children (URGENT)

Post by yfaheem » Fri Oct 31, 2025 3:55 pm

Hello all,

The MN1 application for our children registration as BC (without ILR) was rejected unfortunately. They have been advised to have ILR before applying on MN1. Both children were born outside UK to parents with non-UK passport.
Meanwhile, both parents became British citizens in 2024 and 2025. The children BRP was issued as global talent dependents which expired in June 2025 (during processing of MN1 application).

I am unclear which application route my children have to follow now for their ILR application.

1) Apply as a child (family visa)
2) Apply as a child (dependant on a work visa)

Should they apply on set(0) or set(f) application form?
Could someone with experience guide me and please share the link for correct application route?

Secondly, is this safe to state in the application the reason for expiry of their current leave, due to decision pending on MN1 application?

This forums has always helped and I appreciate your assistance in this matter. thank you.

regards
Faheem

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zimba
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Re: ILR/Settlement application for dependents while main applicant gets BC

Post by zimba » Fri Oct 31, 2025 4:19 pm

You were advised clearly last year on this but it seems you chose to ignored it :?
Now they should settle using form SET(F). The fact that they have no visa is not an issue
zimba wrote:
Mon Nov 04, 2024 5:01 pm
This is the ILR forum, continue to ask nationality questions in the relevant subforum :!:

1. Kids do NOT naturalise, instead they get registered. Also, non-UK-born children do NOT have any automatic entitlement to British citizenship either. If the kids were born in the UK, they could have been registered as British when you got ILR. You already were advised above that non-UK-born children need ILR before they can be registered but it seems you did not read the advice given.

2. No. The spouse of a British citizen can be naturalised right after getting ILR
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

yfaheem
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Re: ILR/Settlement application for dependents while main applicant gets BC

Post by yfaheem » Sat Nov 01, 2025 5:04 pm

zimba wrote:
Fri Oct 31, 2025 4:19 pm
You were advised clearly last year on this but it seems you chose to ignored it :?
Now they should settle using form SET(F). The fact that they have no visa is not an issue
zimba wrote:
Mon Nov 04, 2024 5:01 pm
This is the ILR forum, continue to ask nationality questions in the relevant subforum :!:

1. Kids do NOT naturalise, instead they get registered. Also, non-UK-born children do NOT have any automatic entitlement to British citizenship either. If the kids were born in the UK, they could have been registered as British when you got ILR. You already were advised above that non-UK-born children need ILR before they can be registered but it seems you did not read the advice given.

2. No. The spouse of a British citizen can be naturalised right after getting ILR
Thank you Zimba. Just to doublecheck, Can my children apply for settlement (ILR) using form SET(O)? I am asking this as parents also settled under this route. What is the distinction between SET(F) and SET(O)?

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zimba
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Re: ILR application for children (URGENT)

Post by zimba » Sat Nov 01, 2025 5:39 pm

No

SET(O) is an adult application where you have the option to add your children too.
SET(F) is a child application, used when they have to settle on their own, e.g. when both parents are settled.

Also note that SET(O) and SET(F) are simply application forms, they are not immigration routes and they are used for settlement under various immigration routes. So 'settled under SET(O) route' is meaningless

SET(F) --> https://visas-immigration.service.gov.uk/product/set-f
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

yfaheem
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Re: ILR application for children (URGENT)

Post by yfaheem » Mon Nov 03, 2025 9:20 am

zimba wrote:
Sat Nov 01, 2025 5:39 pm
No

SET(O) is an adult application where you have the option to add your children too.
SET(F) is a child application, used when they have to settle on their own, e.g. when both parents are settled.

Also note that SET(O) and SET(F) are simply application forms, they are not immigration routes and they are used for settlement under various immigration routes. So 'settled under SET(O) route' is meaningless

SET(F) --> https://visas-immigration.service.gov.uk/product/set-f
Hi Zimba, Thank you for explaining.

I have filled in applications for both children separately (not submitted yet). It is strange that I could not add both in one application set for SET (F), Or I am forgetting something?

Secondly, I would like to ask what information should I put in the cover letter or additional info section about the expired leave to remain of the children. I was told to mention about the time elapsed (about 05 months) and waiting for decision of their MN1 application which was refused unfortunately. Therefore it is expected that the children continue on section 3(c) leave meanwhile the new SET(F) application for their settlement is decided. Is this right to state?

In addition, do I need to put in more details such as referencing section 55 of the Borders, Citizenship and Immigration Act 2009 the best interests of a child must be taken into account as a primary etc.

Your help is very much appreciated. Thank you.

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CR001
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Re: ILR application for children (URGENT)

Post by CR001 » Mon Nov 03, 2025 9:45 am

I was told to mention about the time elapsed (about 05 months) and waiting for decision of their MN1 application which was refused unfortunately. Therefore it is expected that the children continue on section 3(c) leave meanwhile the new SET(F) application for their settlement is decided
Citizenship on MN1 is NOT and immigration application. There is NO section 3C applicable. Once their hisa expired, rhey became overatayers.

You do NOT have to reference the borders act. Ukvi know all, this, they wrote it!!!
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.

yfaheem
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Re: ILR application for children (URGENT)

Post by yfaheem » Mon Nov 03, 2025 10:45 am

CR001 wrote:
Mon Nov 03, 2025 9:45 am
I was told to mention about the time elapsed (about 05 months) and waiting for decision of their MN1 application which was refused unfortunately. Therefore it is expected that the children continue on section 3(c) leave meanwhile the new SET(F) application for their settlement is decided
Citizenship on MN1 is NOT and immigration application. There is NO section 3C applicable. Once their hisa expired, rhey became overatayers.

You do NOT have to reference the borders act. Ukvi know all, this, they wrote it!!!
Hi
This is concerning for our family. If the children are overstayer because MN1 was refused, what are the implications for their application for SET(F) now? Should I still apply knowing that HO will refuse it on this ground and £6k spent all go waste?

Please advise me the right course of action. thanks.

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zimba
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Re: ILR application for children (URGENT)

Post by zimba » Mon Nov 03, 2025 4:03 pm

yfaheem wrote:
Mon Nov 03, 2025 10:45 am
Hi
This is concerning for our family. If the children are overstayer because MN1 was refused, what are the implications for their application for SET(F) now? Should I still apply knowing that HO will refuse it on this ground and £6k spent all go waste?

Please advise me the right course of action. thanks.
They did not become overstayers because MN1 was refused, why do you keep repeating this ??

You were told above that MN1 is NOT an immigration application, so there is no section 3C protection. They became overstayers as their visa ran out. You were also advised above that children do NOT have a residence requirement, so their ILR should succeed regardless of their overstayer status
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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