ILR for dependent child above 18

Hi,
I am due to apply for ILR shortly after Five year continuous stay and have a few questions.
My son arrived in the UK along with me as my dependent . When we arrived he was 16.
Now he is 19 years and is in a full time university Degree course.He is still dependent on me financially (I pay his fees etc) and stays with us.
As per UKBA website he has to apply separately on a SET O form since he is above 18.
We wish to apply via the premium same day service by appearing for interview in person
I have the following questions since the website is not clear
a)He is my dependent . He is not earning, so why does he have to apply separately ? am I missing something.
b)When I apply for the Interview online , will the online booking system allot a separate slot for him.?
c)If he has to take a separate interview What documents will he need to attach ( for e.g he is not working , so no palyslips etc) and what sort of questions will he be asked?
d)Can we be present during his interview?


Thanks in advance

PV

PV56 wrote:Hi,
I am due to apply for ILR shortly after Five year continuous stay and have a few questions.
My son arrived in the UK along with me as my dependent . When we arrived he was 16.
Now he is 19 years and is in a full time university Degree course.He is still dependent on me financially (I pay his fees etc) and stays with us.
As per UKBA website he has to apply separately on a SET O form since he is above 18.
We wish to apply via the premium same day service by appearing for interview in person
I have the following questions since the website is not clear
a)He is my dependent . He is not earning, so why does he have to apply separately ? am I missing something.
b)When I apply for the Interview online , will the online booking system allot a separate slot for him.?
c)If he has to take a separate interview What documents will he need to attach ( for e.g he is not working , so no palyslips etc) and what sort of questions will he be asked?
d)Can we be present during his interview?


Thanks in advance

PV

Hey,
I am also an +18 ILR applicant.
a)M afraid thats a rule.
b) You can call the PEO customer service to confirm whether he needs a separate slot.
c) The documents can include his University confirmation letter.(Not necessary though) and a letter signed from you that he is still dependent on you (Mandatory)
d) Yes the main applicant should be present during the interview as his status would simply follow yours.

And one advice from me :
I see that his age is 19, so he must be in 1st year or 2nd year. If his ILR gets approved , u can consider transferring his university to some other as his Fees status would change to Home Student which would bring down his fees considerably. I guess the same Uni would not review his status thats why u can consider shifting his Uni to some other good one. I ended up paying 25000 GBPs just cus of my international student status.

hellog123 wrote: a)M afraid thats a rule.
b) You can call the PEO customer service to confirm whether he needs a separate slot.
c) The documents can include his University confirmation letter.(Not necessary though) and a letter signed from you that he is still dependent on you (Mandatory)
d) Yes the main applicant should be present during the interview as his status would simply follow yours.

(a)-(b) SET(M) form would be for an over 18 child applying after his parents have already got the ILR. In the case of a simultaneous application with parents it is a separate SET(O) form. Your child needs to prove that he is not living an independent life, hence a separate form/case/consideration is needed - so is my understanding.
Yes, the separate slot is needed (one form = one slot/fee, so is the rule, I guess), though the OP might still want giving HO a call...
(c)-(d) The letter seems to be formally needed, but as your child will follow your status, his application will be considered at the same time as yours...

hellog123 wrote: And one advice from me :
I see that his age is 19, so he must be in 1st year or 2nd year. If his ILR gets approved , u can consider transferring his university to some other as his Fees status would change to Home Student which would bring down his fees considerably. I guess the same Uni would not review his status thats why u can consider shifting his Uni to some other good one. I ended up paying 25000 GBPs just cus of my international student status.

The change of the fee status is tricky - formally, the fee agreed at the beginning of study acts for the whole duration of the programme, not a year -- hence, such a change is usually not allowed later on (but this may depend on a university).

First hand experience:

a)He is my dependent . He is not earning, so why does he have to apply separately ? am I missing something

.

18 yr and above is dependent adult, you fill a SET O form and pay same fee as yourself. Thats the UKBA rule, no discretion is applied here.

b)When I apply for the Interview online , will the online booking system allot a separate slot for him.?

Yes, register him on website and book yours and his appointments separately but at the same time so you get the same date and nearby slots. This can be tricky, so familiarise yourself in booking a slot, if this fails book a family appointment on phone, which is easy. You must take the same day and same AM or PM time.

c)If he has to take a separate interview What documents will he need to attach ( for e.g he is not working , so no palyslips etc) and what sort of questions will he be asked?
d)Can we be present during his interview?

Both your applications will be dealt with at the same time, when your appointment is called for you take your son along as well with both applications and explain this to the case worker, should not be any problem.
Your documents will be common, for your son you will need the following , so make sure you carry them with you:
1.Letter from you to confirm his dependent status and that he is living with you and not separately, also mention that he is not working.
2.Letter from university where he is enrolled
3.His 3 months original bank statements
4.Life in UK test if applicable
5.He will be asked to confirm all of above, thats all

And one advice from me :
I see that his age is 19, so he must be in 1st year or 2nd year. If his ILR gets approved , u can consider transferring his university to some other as his Fees status would change to Home Student which would bring down his fees considerably. I guess the same Uni would not review his status thats why u can consider shifting his Uni to some other good one. I ended up paying 25000 GBPs just cus of my international student status.

Incorrect, you cannot change status of fee after the course has already started. What I am hearing here is that you want your son to drop out of the first year and start all over again..no.. or shift to another university to save fees..no..and that may not happen at all. Anyway, beware that fee will not change but your son will be eligible for a student loan.

Hope this helps, all the best.

Hi,
IMHO its form(m) and not form(o) for dependent over 18 years as I don't see anywhere in the Form(o) where it says it could be used by dependent over 18. It does mention however, that "reasons not covered by other applications" but in this case Form(M) is already there for dependent over 18 so form(o) cannot be used. Secondly, Form(M) is only for postal service for the time being, I think the fee is ove £1,800 (for postal service) and no PEO is available for it for the time being, may be in the future which would cost over £2,200. Also as said above you could only apply for your son on Form(M) once you (parents) get ILR.

Good luck.

Hi,
IMHO its form(m) and not form(o) for dependent over 18 years as I don't see anywhere in the Form(o) where it says it could be used by dependent over 18. It does mention however, that "reasons not covered by other applications" but in this case Form(M) is already there for dependent over 18 so form(o) cannot be used. Secondly, Form(M) is only for postal service for the time being, I think the fee is ove £1,800 (for postal service) and no PEO is available for it for the time being, may be in the future which would cost over £2,200. Also as said above you could only apply for your son on Form(M) once you (parents) get ILR.

SET O form for over 18yr old dependent, if applying at the same time as parent

SET F form, if applying after parent has had ILR and you can appply only by post

I'm applying myself this Friday with my wife and daughter who is 20, and have a question that might be relevant for the OP, too:

When a dependant child over 18 is applying at the same time with his/her parents, one must use a separate SET(O) form.
But which category should one tick in Section 3 of the form:
- the same as the main applicant (e.g. Tier 1/2, Work permit, etc)?
- or "Other" with further comments of his dependant status in the empty field at the bottom of the page?

"Dependant" category is not listed anywhere in the form, so I'm a bit in confusion what to tick...

dimsav wrote:I'm applying myself this Friday with my wife and daughter who is 20, and have a question that might be relevant for the OP, too:

When a dependant child over 18 is applying at the same time with his/her parents, one must use a separate SET(O) form.
But which category should one tick in Section 3 of the form:
- the same as the main applicant (e.g. Tier 1/2, Work permit, etc)?
- or "Other" with further comments of his dependant status in the empty field at the bottom of the page?

"Dependant" category is not listed anywhere in the form, so I'm a bit in confusion what to tick...

Precisely this is my point as dependant category is not mentioned in the Form(O) and more importantly what fee is payable. In case of using Set(F), my apologies for stating Set(M) earlier I stand corrected now, the fee is £1,814 for postal service (PEO is not available for this form) so what is the fee for using Set(O) form at PEO for dependant over 18 years? I am guessing that there are people who have used the Set(O) form for dependants over 18 years in the past, otherwise I don't see any point in using it.

Hi gidoc,

Thanks for detailed reply. It clarified a lot of things.
I have some queries about the appointment booking.

a)Can We book a family booking online?
It says on the FAQ's that it cannot be used for 'Persons above 18'

b)I am little confused . What do mean by "book yours and his appointments separately but at the same time so you get the same date and nearby slots." and How far should the slots be?

Thanks in advance

gidoc wrote:First hand experience:

a)He is my dependent . He is not earning, so why does he have to apply separately ? am I missing something

.

18 yr and above is dependent adult, you fill a SET O form and pay same fee as yourself. Thats the UKBA rule, no discretion is applied here.

b)When I apply for the Interview online , will the online booking system allot a separate slot for him.?

Yes, register him on website and book yours and his appointments separately but at the same time so you get the same date and nearby slots. This can be tricky, so familiarise yourself in booking a slot, if this fails book a family appointment on phone, which is easy. You must take the same day and same AM or PM time.

c)If he has to take a separate interview What documents will he need to attach ( for e.g he is not working , so no palyslips etc) and what sort of questions will he be asked?
d)Can we be present during his interview?

Both your applications will be dealt with at the same time, when your appointment is called for you take your son along as well with both applications and explain this to the case worker, should not be any problem.
Your documents will be common, for your son you will need the following , so make sure you carry them with you:
1.Letter from you to confirm his dependent status and that he is living with you and not separately, also mention that he is not working.
2.Letter from university where he is enrolled
3.His 3 months original bank statements
4.Life in UK test if applicable
5.He will be asked to confirm all of above, thats all

And one advice from me :
I see that his age is 19, so he must be in 1st year or 2nd year. If his ILR gets approved , u can consider transferring his university to some other as his Fees status would change to Home Student which would bring down his fees considerably. I guess the same Uni would not review his status thats why u can consider shifting his Uni to some other good one. I ended up paying 25000 GBPs just cus of my international student status.

Incorrect, you cannot change status of fee after the course has already started. What I am hearing here is that you want your son to drop out of the first year and start all over again..no.. or shift to another university to save fees..no..and that may not happen at all. Anyway, beware that fee will not change but your son will be eligible for a student loan.

Hope this helps, all the best.

applying myself this Friday with my wife and daughter who is 20, and have a question that might be relevant for the OP, too:

When a dependant child over 18 is applying at the same time with his/her parents, one must use a separate SET(O) form.
But which category should one tick in Section 3 of the form:
- the same as the main applicant (e.g. Tier 1/2, Work permit, etc)?
- or "Other" with further comments of his dependant status in the empty field at the bottom of the page?

"Dependant" category is not listed anywhere in the form, so I'm a bit in confusion what to tick...

Mark the same category as yours or you can use the option you mention, it doesnt make any difference. You should use SET O form only.

Precisely this is my point as dependant category is not mentioned in the Form(O) and more importantly what fee is payable. In case of using Set(F), my apologies for stating Set(M) earlier I stand corrected now, the fee is £1,814 for postal service (PEO is not available for this form) so what is the fee for using Set(O) form at PEO for dependant over 18 years? I am guessing that there are people who have used the Set(O) form for dependants over 18 years in the past, otherwise I don't see any point in using it.

SET O form is used for an adult application for ILR, there is no separate form for over 18 dependent child when applying in person at PEO, hence use this form for all dependants over 18 yr.
1. Apply the same category as yours, as they are your dependant.
2.You pay the same fee as yourself.

SET F form is used , for dependants over 18 yrs when the main applicant alreasy has ILR , when applying by post. The higher fee is payable as this application can not be submitted at a PEO.

Hope this clarifes this issue and helps others.

Hi gidoc,

Thanks for detailed reply. It clarified a lot of things.
I have some queries about the appointment booking.

a)Can We book a family booking online?
It says on the FAQ's that it cannot be used for 'Persons above 18'

b)I am little confused . What do mean by "book yours and his appointments separately but at the same time so you get the same date and nearby slots." and How far should the slots be?

Thanks in advance

1.Ignore FAQ, just make the booking
2.Open two windows, one for yourself and one for your dependant, and look for slots closeby on same date
example- must be same day ie 3rd August 2011
time slots- You 1030 am, Dependant should be any time close to next 2-3 hours, say 1230 pm/ 130 pm/ 2 pm. Its not easy but when booking in advance you should be able to do it.
Or else book on phone but you may not get a choice of date.

@gidoc: Thanks for your feedback and valuable advice!

@mk357: Of course, "there are people who have used the Set(O) form for dependants over 18 years in the past", a plenty actually, please search the forum or ring UKBA yourself - the correct answer on when to use SET(O) or SET(M) form has been already given above.

@PV56: Indeed, you cannot list your over 18 child among other dependants in the "family appointment", and need to book for him a separate slot on the same day (otherwise he might not be admitted). I myself just rang UKBA and, after explaining the situation, was given a "family slot" for me and my wife and another slot one hour later for our daughter. On the day of interview (which is this Friday), we are just going to give a caseworker the two SET(O) applications at once and explain the situation.

dimsav wrote:@gidoc: Thanks for your feedback and valuable advice!

@mk357: Of course, "there are people who have used the Set(O) form for dependants over 18 years in the past", a plenty actually, please search the forum or ring UKBA yourself - the correct answer on when to use SET(O) or SET(M) form has been already given above.

@PV56: Indeed, you cannot list your over 18 child among other dependants in the "family appointment", and need to book for him a separate slot on the same day (otherwise he might not be admitted). I myself just rang UKBA and, after explaining the situation, was given a "family slot" for me and my wife and another slot one hour later for our daughter. On the day of interview (which is this Friday), we are just going to give a caseworker the two SET(O) applications at once and explain the situation.

Thank you for the clarifcation dimsav. Please do let us know what you experience on Friday is.

myself just rang UKBA and, after explaining the situation, was given a "family slot" for me and my wife and another slot one hour later for our daughter. On the day of interview (which is this Friday), we are just going to give a caseworker the two SET(O) applications at once and explain the situation.

Thats it, youve nailed it! Upon reaching PEO all three of you should ask for entry together. Documents are checked first, so hand both the applications and once verified you will be able to pay all the fee together. In fact you dont even need to take your wife, as she will not be required being your dependent but will be a good company!!
All the best.

gidoc wrote:... hand both the applications and once verified you will be able to pay all the fee together.

Regarding the payment: will it be still two separate fees of £2025 (me+wife) and £1350 (child)? or a single one of £3375? (what a price ...)

Also, is it still needed to complete the relevant card details on SET(O) form for those applying, hence paying, at PEO in person, or not?

Regarding the payment: will it be still two separate fees of £2025 (me+wife) and £1350 (child)? or a single one of £3375? (what a price ...)

Also, is it still needed to complete the relevant card details on SET(O) form for those applying, hence paying, at PEO in person, or not?

You shell out £3375, in whatever way you want to pay, the cashier will usually fill out all the details for you and you do not need to fill out the payment page.

We have just got our ILRs today at PEO Solihull as WP holders: me with a dependant wife, and 20 years old daughter!

It was actually fast and straightforward (about 20 mins with caseworkers + 2 hours waiting to collect our passports), I'll post my experience in a separate thread.

Back to my earlier question about "which category to tick for a dependant child over 18 in Section 3 of SET(O) form":
- It must be "Other" with a comment "Dependant child over 18 applying with parents".
(This is what was accepted by the caseworker, the other suggested option of ticking <Work Permit> category also for the child was rejected.)

Other is the appropriate column in SET(O) and at Page 7 it asks to briefly explain why one is applying for ILR. This may be a sample narration therein for dependent of WP:

" Immigration Rule # 198 - Over 18 years dependent child of parents who are at the same time applying for ILR under WP ".

Relevant rule can be quoted for other categories.

congrats dimsav,

what documents did you attach with your daughters form

regards

dimsav wrote:We have just got our ILRs today at PEO Solihull as WP holders: me with a dependant wife, and 20 years old daughter!

It was actually fast and straightforward (about 20 mins with caseworkers + 2 hours waiting to collect our passports), I'll post my experience in a separate thread.

Back to my earlier question about "which category to tick for a dependant child over 18 in Section 3 of SET(O) form":
- It must be "Other" with a comment "Dependant child over 18 applying with parents".
(This is what was accepted by the caseworker, the other suggested option of ticking <Work Permit> category also for the child was rejected.)

Use form set F. See note: settlement. No problem.

dimsav wrote:We have just got our ILRs today at PEO Solihull as WP holders: me with a dependant wife, and 20 years old daughter!

It was actually fast and straightforward (about 20 mins with caseworkers + 2 hours waiting to collect our passports), I'll post my experience in a separate thread.

Back to my earlier question about "which category to tick for a dependant child over 18 in Section 3 of SET(O) form":
- It must be "Other" with a comment "Dependant child over 18 applying with parents".
(This is what was accepted by the caseworker, the other suggested option of ticking <Work Permit> category also for the child was rejected.)

Hi Dimsav,
I have a few questions regarding ILR for over 18 years dependant. Since you did not post your experience seperately I am continuing in this post.

(1) How much fee did you pay for the over 18 years dependant? (£1,350 or what)
(2) What did you write in the letter explaining why you are applying for the ILR?
(3) What supporting Docs did you provide for her?
(4) How did you manage to book the appointment together was it online or by phoning them?
(5) Did you all attend the PEO or just yourself?

Thank you in advance.

mk357

gidoc wrote:
Incorrect, you cannot change status of fee after the course has already started. What I am hearing here is that you want your son to drop out of the first year and start all over again..no.. or shift to another university to save fees..no..and that may not happen at all. Anyway, beware that fee will not change but your son will be eligible for a student loan.

Hope this helps, all the best.

This is incorrect too. I am in the same situation, so I am quite familiar with the rules and regulations for this situation. To be eligible for "Home fee" status and for Student Support(loan, grants etc). Your son should have settled status (ILR) by the "First day of First academic year"of his course(defined 1st September the year he started) .

However, Student fees is under the discretion of the University. I definitely recommend him to talk to his university about this. They might change it. But, It is very unlikely for student finance to provide you with a loan.

I am currently in the same situation. I will be starting engineering at Loughborough University on 3rd of October 2011. I will be receiving my ILR by 15th September 2011. Although this is before the start of my course, its after 1st September 2011(defined start day of the course for all unis in uk). I let the university know about this. They said they will be able to change my fee status to Home student after I receive my ILR. But student finance rejected my application. My MP has taken my case upto David Willets (the current university minister). So, fingers crossed, I might get a loan because my parents cant afford it.

mk357 wrote:(1) How much fee did you pay for the over 18 years dependant? (£1,350 or what)
(2) What did you write in the letter explaining why you are applying for the ILR?
(3) What supporting Docs did you provide for her?
(4) How did you manage to book the appointment together was it online or by phoning them?
(5) Did you all attend the PEO or just yourself?

(1) Yes, the full fee of £1,350 for the child (+ £2025 for me and my wife as a dependant) - if interested, I paid one fee on my credit card and the other on my debit card.

(2) I had a letter from our HR confirming my continuous employment (with the same employer) for 5 years, details of my original WP, my current salary and that it exceeds (luckily) the appropriate rate for the relevant COS (indicating the one), and that I am further required for the employment in question. Also, I had a letter from my line manager outlining in general terms my duties and stating that all my absences abroad (about 190 days) were either business related or annual paid leave holidays, during which I clearly continued to be based in the UK.

(3) I did prepare a letter for her from us (parents), stating literally that she "is unmarried and is not a civil partner, has not formed an independent family unit and is not leading an independent life; she continues being a part of our family unit and having financial and emotional dependence upon us". But to my surprise such a letter was not requested by a caseworker at all (even when we asked). So, nothing extra was provided except for the usual docs accompanying the application, like her LiUK and police registration certificate (because of our nationality we needed to register ourselves with the police - you may not). Although she had with her bank statements as a proof of address, A-level results, and an offer from a university -- all these were not needed (still, I think it would be good to have it with you just in case).

(4) I just rang UKBA precisely 6 weeks before the anticipated date of appointment and, after explaining the situation, was given a "family slot" for me and my wife and another slot one hour later for our daughter.

(5) Yes, all three of us - we provided two reference numbers and got two tickets. One caseworker dealt with the application of myself and my wife, and at the same time the other one (in the neighbouring window) did that of our daughter. I was explicitly told not to worry for her, as her outcome would just follow our status.

Hope this helps.

This is incorrect too. I am in the same situation, so I am quite familiar with the rules and regulations for this situation. To be eligible for "Home fee" status and for Student Support(loan, grants etc). Your son should have settled status (ILR) by the "First day of First academic year"of his course(defined 1st September the year he started) .

No, you havent interpreted this correctly although you do say you know the rules by being in this situation.

You are correct about Home fee status at the start of the session, 1st or 15th Sept doesnt make a difference, so you should get this status when you get ILR.

However this rule doesnt apply to Student Loans, you just have to have settled status. if your application was rejected for this reason, you can contest it. However the problem as I see it is that at present you dont have ILR and the student loan status would already have been decided, on your current status.
You will be able to get this , if not this year, next year. i know of student loan being approved during the second year when ILR was obtained during that time.