ILR Child Application

samuk9988 · Post by **samuk9988** » Tue Apr 01, 2025 6:29 pm

Dear Moderator,

I would appreciate your assistance with the following query on behalf of my friend, who is in need of help.

A child completed 5 years in the UK as a dependent of a parent (the father is a British passport holder at the time the child completed his 5 years in the UK). Unfortunately, my friend received incorrect advice from solicitors, who submitted a direct application for citizenship, which was refused. The subsequent appeal was also rejected. The child’s citizenship application was refused on the 28th of April, 2025.

I have a few questions:

1. Can the child still apply for settlement under the SET(F) route after being refused citizenship?

2. Is the child considered to have overstayed? (The citizenship application was submitted before the child’s BRP expired, and the appeal was filed within the required timeframe following the refusal).

3. What is the required income threshold for the parents when applying for SET(F)? Are there specific salary requirements that need to be met?

Your guidance on this matter would be greatly appreciated.

Many thanks in advance.
Sam

Post by **CR001** » Tue Apr 01, 2025 7:12 pm

A child completed 5 years in the UK as a dependent of a parent (the father is a British passport holder at the time the child completed his 5 years in the UK). Unfortunately, my friend received incorrect advice from solicitors, who submitted a direct application for citizenship, which was refused. The subsequent appeal was also rejected. The child’s citizenship application was refused on the 28th of April, 2025.

Are you sure of your date of refusal?? We haven't got to 28th April 2025 yet. Do you mean March? Unfortunately, many think they can shortcut to citizenship, when this is not the case for children born abroad. The refusal would have explained clearly why the child does not qualify and why discretion was not exercised by the home office.

1. Can the child still apply for settlement under the SET(F) route after being refused citizenship?

What is the immigration status of the other parent?

2. Is the child considered to have overstayed? (The citizenship application was submitted before the child’s BRP expired, and the appeal was filed within the required timeframe following the refusal).

Has the child's visa expired and if yes, when exactly? How old is the child? A citizenship application does not provide an extension of a visa status. Once a visa expires the person is an overstayer. There is no 'appeal' for refused citizenship applications. It is a reconsideration request, completely different to the appeal process.

3. What is the required income threshold for the parents when applying for SET(F)? Are there specific salary requirements that need to be met?

You have not stated what the other parent's immigration status is or when the child's visa expired.

samuk9988 · Post by **samuk9988** » Tue Apr 01, 2025 8:45 pm

Dear CR001

Thank you very much for your prompt response.

I apologize for the confusion; the refusal date for the reconsideration was March 28th. The refusal letter clearly outlined the reasons why the child does not qualify and why the Home Office did not exercise discretion. Unfortunately, the child applied for citizenship based on the advice of his solicitor, who suggested that many individuals have successfully obtained citizenship without first obtaining ILR.

1. Can the child still apply for settlement under the SET(F) route after being refused citizenship?

What is the immigration status of the other parent?

The father is a British passport holder, and the mother was granted ILR in April 2024. The child's BRP expired on May 14, 2024. The citizenship application was submitted before the BRP expired but was refused in August 2024. A reconsideration request was then submitted in August 2024, which was subsequently refused on 28th March, 2025.

2. Is the child considered to have overstayed? (The citizenship application was submitted before the child’s BRP expired, and the appeal was filed within the required timeframe following the refusal).

Has the child's visa expired and if yes, when exactly? How old is the child? A citizenship application does not provide an extension of a visa status. Once a visa expires the person is an overstayer. There is no 'appeal' for refused citizenship applications. It is a reconsideration request, completely different to the appeal process.

The child entered the United Kingdom in February 2019, and the visa expired on May 14, 2024. The child is currently 12 years old. You are correct that it was a reconsideration request, not an appeal.

3. What is the required income threshold for the parents when applying for SET(F)? Are there specific salary requirements that need to be met?

You have not stated what the other parent's immigration status is or when the child's visa expired.
[/quote]

The father is a British passport holder since 2019, and the mother was granted ILR in April 2024. The child's BRP expired on May 14, 2024

Many thanks for your help with this.

Regards
Sam

samuk9988 · Post by **samuk9988** » Wed Apr 02, 2025 4:22 pm

Dear CR001 or other Moderator,

Please help me with the above questions when possible. I would be really grateful.

Many thanks again,
Sam

Post by **Ticktack** » Thu Apr 03, 2025 9:28 am

Child should still be able to apply for settlement, since both parents are settled in the UK.

Parents just made a smooth transition a difficult one by trying to take a shortcut to save money. They ended up wasting money and putting the poor kid's immigration status on the balance of probabilities.

samuk9988 · Post by **samuk9988** » Thu Apr 03, 2025 11:13 am

Ticktack wrote: ↑
Thu Apr 03, 2025 9:28 am
Child should still be able to apply for settlement, since both parents are settled in the UK.

Parents just made a smooth transition a difficult one by trying to take a shortcut to save money. They ended up wasting money and putting the poor kid's immigration status on the balance of probabilities.

Dear Ticktack,

Thank you for your advice.

I would like to ask if there is any minimum salary requirement or minimum bank balance that his father needs to show in order to support the application.

Is the correct application the SET (F)?

Please provide your advice, and I would be grateful for your assistance.

Many thanks,

Post by **Ticktack** » Fri Apr 04, 2025 9:04 am

samuk9988 wrote: ↑
Thu Apr 03, 2025 11:13 am

Ticktack wrote: ↑
Thu Apr 03, 2025 9:28 am
Child should still be able to apply for settlement, since both parents are settled in the UK.

Parents just made a smooth transition a difficult one by trying to take a shortcut to save money. They ended up wasting money and putting the poor kid's immigration status on the balance of probabilities.
Dear Ticktack,

Thank you for your advice.

I would like to ask if there is any minimum salary requirement or minimum bank balance that his father needs to show in order to support the application. Use similar documents you used for the mom when she applied for ILR.

Is the correct application the SET (F)? Yeah, especially if the child never used FLR (M) prior. Meaning that the dad wasn't settled when they initially came to the UK.

Please provide your advice, and I would be grateful for your assistance.

Many thanks,

samuk9988 · Post by **samuk9988** » Fri Apr 04, 2025 5:30 pm

Dear Ticktack,

Thank you for your help.

I am currently unable to book an appointment, and I can see numerous complaints online regarding this issue. The following message keeps appearing on the screen:

Whitelabel Error Page
This application has no configured error view, so you are seeing this as a fallback.

Fri Apr 04 16:25:51 UTC 2025
[7d17b17b] There was an unexpected error (type=Internal Server Error, status=500).

Any suggestions or assistance you could provide would be greatly appreciated.

Many Thanks
Sam

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