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ILR for PBS dependent partner and children

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

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javaidmr
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ILR FOR PBS dependent of tier 1 - ent. - partner and children over and under 18 year

Post by javaidmr » Tue Apr 12, 2022 10:03 pm

hi.
I migrated to the UK through tier 1 - ent, 200K in Jan 2017. I have got my ILR in Sep 2020 through a 3-year accelerated route.
my partner along with 5 children join me in June 2017 and get their three-year extension in Sep 2020.
now in June 2022, my PBS dependent will complete 5 years and be entitled to apply for ILR.
I have the following questions;
1- guideline and application link: please can you share the right guideline in my situation along with the application submittal link.
2- English language: My three children are over 18 years. 2 of them passed the GCSE English in uk and one of them has a UK BS degree. are three or one of them except for the English language test (B1) by submitting their GCSE English test certificate or UK passed BS degree?
3- income and maintenance funds: my 18+ years children are living with me and they don't have any source of income. is there any evidence of income/ maintenance funds proof will be provided and who shall provide this? ie from lead applicant or applicant?
4- Is all 18+ required to pass life in UK test?
5- what documents have to submit from my side (lead applicant)
thanks

javaidmr
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Re: ILR FOR PBS dependent of tier 1 - ent. - partner and children over and under 18 year

Post by javaidmr » Tue Apr 12, 2022 10:40 pm

two more questions pls
....6. i can see that there are no 5 years or absent requirements of PBS child. can I apply for their ILR immediately without waiting until June 2022 to complete 5 years?
7) what do you suggest, if i should apply the partner and children ILR at the same time or 1st i apply for my partner under super-priority, once he get her ILR then apply for the rest of the family.
javaidmr wrote:
Tue Apr 12, 2022 10:03 pm
hi.
I migrated to the UK through tier 1 - ent, 200K in Jan 2017. I have got my ILR in Sep 2020 through a 3-year accelerated route.
my partner along with 5 children join me in June 2017 and get their three-year extension in Sep 2020.
now in June 2022, my PBS dependent will complete 5 years and be entitled to apply for ILR.
I have the following questions;
1- guideline and application link: please can you share the right guideline in my situation along with the application submittal link.
2- English language: My three children are over 18 years. 2 of them passed the GCSE English in uk and one of them has a UK BS degree. are three or one of them except for the English language test (B1) by submitting their GCSE English test certificate or UK passed BS degree?
3- income and maintenance funds: my 18+ years children are living with me and they don't have any source of income. is there any evidence of income/ maintenance funds proof will be provided and who shall provide this? ie from lead applicant or applicant?
4- Is all 18+ required to pass life in UK test?
5- what documents have to submit from my side (lead applicant)
thanks

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zimba
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Re: ILR for PBS dependent partner and children

Post by zimba » Wed Apr 13, 2022 5:24 pm

1. Form: https://visas-immigration.service.gov.uk/product/set-o
Guide for Tier 1E dependants: https://assets.publishing.service.gov.u ... gov-uk.pdf
2. GCSE is not accepted. Only English test at B1 or UK University degree
3. There is no income or maintenance required for them
4. Yes
5. Cohabitation documents for the last two years
6,7. Dependant children settle when both parents settle. They can apply all at the same time
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

javaidmr
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Re: ILR for PBS dependent partner and children

Post by javaidmr » Sun Apr 17, 2022 9:39 pm

thanks all clear to me
two more questions.
1- PBS dependent get entry clearance stamp (BRP issued) on 07-06-2017, enter in the UK is 18-06-2017. when i can apply for ILR. at what date i can apply? after or before 28 days?
2- I have a shortage of funds. can I apply only for my partner and then, later on, apply for my children. is there any special instruction? or do you believe this will be complicated?
thanks
Zimba wrote:
Wed Apr 13, 2022 5:24 pm
1. Form: https://visas-immigration.service.gov.uk/product/set-o
Guide for Tier 1E dependants: https://assets.publishing.service.gov.u ... gov-uk.pdf
2. GCSE is not accepted. Only English test at B1 or UK University degree
3. There is no income or maintenance required for them
4. Yes
5. Cohabitation documents for the last two years
6,7. Dependant children settle when both parents settle. They can apply all at the same time

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zimba
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Re: ILR for PBS dependent partner and children

Post by zimba » Wed Apr 20, 2022 2:27 pm

1) Counting 5 years from the first visa issue date minus 28 days is the earliest you can apply
2) As long as the children have visa, it is ok
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

javaidmr
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Re: ILR for PBS dependent partner and children

Post by javaidmr » Wed Apr 27, 2022 1:03 am

i have started filling out the application of my partner (wife) as advised above. once I have completed her application there is the option "additional applicant" . should i use this option to add my other children as our children living with us or should I create an individual application for them?

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zimba
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Re: ILR for PBS dependent partner and children

Post by zimba » Wed Apr 27, 2022 12:13 pm

Add children to the same application
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

javaidmr
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Re: ILR for PBS dependent partner and children

Post by javaidmr » Mon May 09, 2022 9:41 pm

hi guys
my son age 18+ PBS dependent has a below driving offence.
we were entitled to apply at 12-may-2022 but as per below driving offence can i apply his ILR and should i wait up to 25/05/22 (2 years after the offence date from 25/05/22) or two years after fix penalty letter date (18 Sep 2022)
pls find the detail here

You have8 current penalty points

Offence date: 25 May 2020
Expiry date: 18 Sep 2023
Removal date: 18 Sep 2024
Offence details
IN10: Using a vehicle uninsured against third party risks
Penalty points: 8
Fine: £200.00
Court/Fixed penalty office
....

Offence date: 25 May 2020
Expiry date: 25 May 2023
SP30: Exceeding statutory speed limit on a public road
Penalty points: 0
Court/Fixed penalty office

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zimba
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Re: ILR for PBS dependent partner and children

Post by zimba » Wed May 11, 2022 12:03 pm

The criminality thresholds for visa/ILR is defined in the immigration rules. There is a whole guide on this: https://www.gov.uk/government/publicati ... riminality

In a nutshell, driving offences of FPNs do NOT affect ILR unless you are disqualified from driving. Then the rules allow the caseworker to refuse your ILR under discretionary refusal (for example if you are a persistent offender). If you however end up with a recordable offence in the last 24 months, the refusal is then mandatory. I suggest reading the guide above.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

javaidmr
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Re: ILR for PBS dependent partner and children

Post by javaidmr » Sun May 22, 2022 12:06 am

let me make more clear to be more specific
he got a driving offence by driving a car without insurance and he gets 8 points.
he is automatically disqualified from driving due to points more than 6.
he doesn't mean to drive the car without insurance. I hold the comprehensive insurance, and he is also holding the comprehensive insurance. we have listened that we can exchange our cars but unfortunately this rule was not applicable for under 25 years.
1) can we write and explain this situation, is it helpful to get discretion?
2) to avoid mandatory refusal, 24 months should count from the offence date (25/05/20) or penality letter date (18 sep 2020)?
please guide

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zimba
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Re: ILR for PBS dependent partner and children

Post by zimba » Mon May 23, 2022 1:12 pm

You seem to be repeating yourself without paying attention to the advice given. The offence is not recordable so there is NO mandatory refusal. You need to understand the definitions. To refuse or not will be at the caseworker's discretion as per rules for NON-recordable offences.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

javaidmr
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Re: ILR for PBS dependent partner and children

Post by javaidmr » Wed May 25, 2022 9:24 pm

Zimba wrote:
Wed Apr 27, 2022 12:13 pm
Add children to the same application
thanks. your answer was very important to me.
I was filling out the application of child over 18 years and found that there are no questions related to the English language test and life in UK test.
is it normal or am i doing any mistake?

vinny
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Re: ILR for PBS dependent partner and children

Post by vinny » Thu May 26, 2022 6:47 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

javaidmr
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Re: ILR for PBS dependent partner and children

Post by javaidmr » Thu May 26, 2022 3:30 pm

vinny wrote:
Thu May 26, 2022 6:47 am
If applying for ILR, then see also If your parent or relative is applying for settlement and If you’re 18 or over, etc.
A
"If your parent or relative is applying for settlement
They may be able to include you on their application instead"
B
If they’ve already applied for settlement and they do not have a decision yet, you can apply as a child separately.

in my case, i am applying under scenario "A" above. they already have life in UK test and English I can attach these docs. but I can see in the application form there are no any column /questioner related to english test /life in UK.
is it normal?

javaidmr
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Re: ILR for PBS dependent partner and children

Post by javaidmr » Thu Jun 09, 2022 9:35 pm

@zimba you are such a great hero of this group.
based on your guidline above, i have submitted the ILR application of my PBS dependent children (3 of >18Y old and 2 <18Y old) and partner under priority fees and get my acceptance decision within 24 hours.
now I want to proceed with the naturalisation application.
kindly can you guide me if;
1) should I wait for one year to apply for naturalisation for children (>18Y or <18Y) or partners or should i apply immediately?
2) what is the application link pls?
3) child over 16Y is still my dependent and not working and having no salary slips/jobs. is there any special link to apply NA for the dependent child over 18 years.?
thanks
javed

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zimba
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Re: ILR for PBS dependent partner and children

Post by zimba » Fri Jun 10, 2022 10:16 am

Congratulations. I suggest starting a new post in the British citizenship forum for your query :!:

Children do not naturalise, they get registered as British. Their eligibility depends on if they were born in the UK or not and the status of their parents. Adults above 18 must apply for naturalisation on their own and spend at least one year with ILR. The only exception is if they are spouses of a British citizen which means they can apply immediately after getting ILR.

For registering children use the form MN1: https://visas-immigration.service.gov.uk/product/mn1
For naturalization of adults, use form AN: https://visas-immigration.service.gov.u ... onality-an
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

usr22
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Re: ILR for PBS dependent partner and children

Post by usr22 » Fri Jun 17, 2022 8:06 am

javaidmr wrote:
Thu May 26, 2022 3:30 pm
vinny wrote:
Thu May 26, 2022 6:47 am
If applying for ILR, then see also If your parent or relative is applying for settlement and If you’re 18 or over, etc.
A
"If your parent or relative is applying for settlement
They may be able to include you on their application instead"
B
If they’ve already applied for settlement and they do not have a decision yet, you can apply as a child separately.

in my case, i am applying under scenario "A" above. they already have life in UK test and English I can attach these docs. but I can see in the application form there are no any column /questioner related to english test /life in UK.
is it normal?
Quick question @ javaidmr
Did you apply for your child ( >18 ) ILR application separately or together with your Spouse application? You feedback will help me in my case. Thanking you .

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