ILR for family members

rbsjp · Post by **rbsjp** » Sun Feb 07, 2021 10:05 am

I have a British passport. I got via ILR ( TIER 1, 5 year route).
My wife, son and daughter are here on dependent visa since Dec 2015 and are eligible for ILR. My daughter when she applied in 2015 was under 18 but now is 21. She studies at a University and lives away from home. I pay her fee and rent etc.
WIll I be able to include her in the same application as my wife and son?
My son is 14.
What documents should I attach?
Any special instructions?

vinny · Post by **vinny** » Sun Feb 07, 2021 11:29 am

Age requirement for settlement as a dependent child of a Skilled Worker

SW 41.1. The applicant must be under the age of 18 on the date of application, unless they were last granted permission as the dependent child of their parent or parents.

SW 41.2. If the applicant is aged 16 or over on the date of application, they must not be leading an independent life.

English language requirement for settlement as a dependent partner or dependent child of a Skilled Worker

SW 44.1. Unless an exemption applies, the applicant must show English language ability on the Common European Framework of Reference for Languages in speaking and listening to at least level B1.

SW 44.2. The applicant must show they meet the English language requirement as specified in Appendix English Language.

Knowledge of life in the UK requirement for settlement as a dependent partner or dependent child of a Skilled Worker

SW 45.1. If the applicant is aged 18 or over on the date of application, they must meet the knowledge of Life in the UK requirement as set out in Appendix KOL UK.

Children aged 16 and over

If your child is 16 or older when you apply you’ll need to provide proof of where they live. Provide 2 documents from this list:

bank statement
credit card bill
driving licence
NHS registration document
a letter from their current school, college or university, on headed paper and issued by an authorised official of that organisation
The documents you provide cannot be more than a month old on the date you make your application.

You need to give details of any payments your child makes for rent or upkeep per month.

You must explain why if your child does not live with you and your partner. If it’s because they’re studying, you must provide confirmation from the university or college on headed paper and issued by an authorised official.

You’ll also need to show that you’ve supported your child while they’re away by providing bank statements for you and your child covering the 3 months before the date you apply.

Guessing elder Daughter may need to fill up a separate SET(O) form, linking to mother’s?

CULLINAN · Post by **CULLINAN** » Sun Feb 07, 2021 11:47 am

Guessing elder Daughter may need to fill up a separate SET(O) form, linking to mother’s?

Yes correct. Choose the right category when filling the online form as a “Child over 18.”

vinny · Post by **vinny** » Sun Feb 07, 2021 11:52 am

rbsjp · Post by **rbsjp** » Sun Feb 07, 2021 6:18 pm

How do I link the set O form of my daughter with my wife's?

CULLINAN · Post by **CULLINAN** » Tue Feb 09, 2021 6:48 pm

rbsjp wrote: ↑
Sun Feb 07, 2021 6:18 pm
How do I link the set O form of my daughter with my wife's?

Start the online application, choose the right category “Child over 18.”
The form will ask details about the main applicant also. It will automatically be linked. Also, best to add a cover letter and add main applicant’s details.

rbsjp · Post by **rbsjp** » Mon Mar 01, 2021 6:24 am

I have applied online for wife and children. Fee has been paid. Now I need to make appointment for Biometrics. I can see that there are no appointments available and some available charge around 276 GBP! I thought fee of BRP was included in application. How do I send me documents to home office. There is no option to send documents. Do I need to pay to send documents? I think it is just an EXTORTION.

CR001 · Post by **CR001** » Mon Mar 01, 2021 7:06 am

Upload documents digitally to the ukcvas portal before the biometrics appointment.

No originals are sent to UKVI anymore.

rbsjp · Post by **rbsjp** » Mon Mar 01, 2021 7:14 am

Sorry to write back. In the ILR document checklist, only passport and consent form are required. Do they not require any pay slips etc? Proof of living together?

zimba · Post by **zimba** » Mon Mar 01, 2021 2:54 pm

rbsjp wrote: ↑
Mon Mar 01, 2021 7:14 am
Sorry to write back. In the ILR document checklist, only passport and consent form are required. Do they not require any pay slips etc? Proof of living together?

This has been pointed out a million times: the list is generic and may not cover all evidence required.

rbsjp · Post by **rbsjp** » Mon Mar 01, 2021 3:59 pm

I am just a bit intrigued. Should I not have applied on SET M rather than Set O? Because when my wife and children got leave to remain in UK I had ILR at that time. And if I apply on SET M, how will my daughter's SET O link with set M of my wife?
How can I get a refund of SET O application? Till now no biometrics done

CR001 · Post by **CR001** » Mon Mar 01, 2021 4:02 pm

What leave to remain category do they hold exactly and have they held while in the UK??

It is THEIR visa category that determines which form they use.

rbsjp · Post by **rbsjp** » Mon Mar 01, 2021 4:51 pm

spouse leave to remain, we filed FLR M last time

CR001 · Post by **CR001** » Mon Mar 01, 2021 4:58 pm

rbsjp wrote: ↑
Mon Mar 01, 2021 4:51 pm
spouse leave to remain, we filed FLR M last time

And what visa category did they hold before the last FLR M application?

It is usually useful to detail the full immigration history and visas held to get accurate advice

rbsjp · Post by **rbsjp** » Mon Mar 01, 2021 5:05 pm

They initially entered UK as my dependent in Nov 2015. I got my ILR in March 2015 ( via tier 1)

zimba · Post by **zimba** » Mon Mar 01, 2021 5:08 pm

rbsjp wrote: ↑
Mon Mar 01, 2021 4:51 pm
spouse leave to remain, we filed FLR M last time

Why did you switch them to the family route from the PBS route ??!

vinny · Post by **vinny** » Mon Mar 01, 2021 5:17 pm

rbsjp wrote: ↑
Mon Mar 01, 2021 5:05 pm
They initially entered UK as my dependent in Nov 2015. I got my ILR in March 2015 ( via tier 1)

You didn’t give the complete history. Missing was if they applied for their initial entry clearances after you had ILR, then they were all correctly under Appendix FM this whole time? Apparently, they were never on the PBS dependant route?

Then over 18 child should have been included with Mum’s SET(M).

rbsjp · Post by **rbsjp** » Mon Mar 01, 2021 5:24 pm

OK, Thanks. I will apply on Set M. How do I get a refund of the fee I paid for Set O ?

vinny · Post by **vinny** » Mon Mar 01, 2021 11:56 pm

If child was excluded from mother’s SET(M) application, then I don’t think a child may use SET(M) on her own. I think she may use SET(F), subject to

D-LTRC.1.1.

If the applicant meets the requirements for leave to remain as a child the applicant will be granted leave to remain of a duration which will expire at the same time as the leave granted to the applicant’s parent, and will be subject to the same conditions in respect of recourse to public funds as that parent. To qualify for indefinite leave to remain as a child of a person with indefinite leave to remain as a partner or parent, the applicant must meet the requirements of paragraph 298 of these rules.

But link it to mother’s SET(M), because mother requires ILR before child may be granted ILR. Should get automatically get a refund of SET(O), as it is being varied.

rbsjp · Post by **rbsjp** » Sun Mar 21, 2021 2:27 pm

I am uploading documents on ukvacs website. For the passports, do I need to scan each and every page or just the front page?

rbsjp · Post by **rbsjp** » Sat Apr 17, 2021 9:33 pm

I got the refund of wrong application money minus £25 per application in 6 weeks

rbsjp · Post by **rbsjp** » Fri Aug 06, 2021 5:53 am

The ILR of my wife, daughter and son have been approved. Thanks to everyone for advice. So when can they apply for citizenship? My daughter is 21 and son is 15 years of age

CR001 · Post by **CR001** » Fri Aug 06, 2021 6:14 am

rbsjp wrote: ↑
Fri Aug 06, 2021 5:53 am
The ILR of my wife, daughter and son have been approved. Thanks to everyone for advice. So when can they apply for citizenship? My daughter is 21 and son is 15 years of age

Your wife and some can apply once they have their ilr brp cards. Your wife must meet all the 3 year requirements to apply as spouse of British citizen.

Your daughter has to wait 12 months on ilr before she can apply and must meet all the requirements to apply based on 5 years residence.

Please post citizenship questions in the correct sub forum, link below.

british-citizenship/

secret.simon · Post by **secret.simon** » Fri Aug 06, 2021 8:28 am

To build on CR001's reply, after ILR, your daughter is no longer dependent on you for immigration purposes.

She will need to meet all the adult requirements for naturalisation, such as absence and physical presence requirements over the past five years, English language test and LITUK requirements, etc.

In short, she will need to meet the same requirements as you had (as presumably she is not married to a British citizen).

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ILR for family members

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