Query about ILR for dependant child

Hello,
I'm currently preparing the ILR application for my wife and have a couple of questions I hope someone might be able to answer.

- My wife has been in the UK on a family/spouse visa since late 2017 and her BRP expires in June, so she is now going to apply for ILR using SET(M). Her daughter joined us in the UK as a dependant child on my wife's spouse visa, but arrived at a later point in mid 2019, so has not been resident in the UK for five years yet. She was under 18 years of age when she was first granted the visa to enter the UK, but is now over 18 years of age. She is single, has always lived with us in the UK, and is financially supported by us etc. My understanding is that my wife's daughter can be added as a dependant on the same SET(M) form as my wife despite being over 18 now, as she was under 18 when she was first granted leave to remain in the UK. Is this correct?

- I thought from the guidance on the government website that my wife's daughter would need to complete the Life in the UK test and the English language requirements, despite still being a dependant, because she was over 18, however there was nowhere in the SET(M) form for my wife to enter these details for her daughter. It is no problem either way as she has passed both already and we can provide the reference numbers in a cover letter, but perhaps she didn't need to complete them?

- I understand that after the ILR application is submitted we will be directed to UKVCAS to submit documents, arrange a biometrics appointment etc. Is there a time limit by which we need to have submitted the documents after the application is submitted? I have them mostly prepared already, but don't want to be blindsided by having to submit documents within 24 hours, or something like that.

Thanks in advance for any help.

Children do not have min residence requirements for ILR and settle when both parents settle. As she is over 18, she should apply separately using form SET(F) instead. She will be required to pass LIUK and prove her English language level as you pointed out. You get to submit your documents until you attend your Biometrics appointment

zimba wrote: ↑

Tue May 23, 2023 1:14 pm

Children do not have min residence requirements for ILR and settle when both parents settle. As she is over 18, she should apply separately using form SET(F) instead. She will be required to pass LIUK and prove her English language level as you pointed out. You get to submit your documents until you attend your Biometrics appointment

Not set f for the over 18 child. It is form Set M.

Ok thanks for the clarification.

Is it ok to use the same SET(M) form for both of them, or do they need to submit separate SET(M) forms?

On the online SET(M) page where you can add additional applicants it says: 'If this is the first time you are applying for leave in this category, you cannot include dependent children over the age of 18. You can include a child who is now 18 or over who was initially granted leave in this category when they were under 18. You must show that they are still dependent on you for financial support and not leading an independent life, and that they have not formed their own family unit (for example got married or had their own children).'

I took this to mean the child could be added to the same form?

Thanks again for your help.

coopd9 wrote: ↑

Tue May 23, 2023 1:46 pm

Ok thanks for the clarification.

Is it ok to use the same SET(M) form for both of them, or do they need to submit separate SET(M) forms?

On the online SET(M) page where you can add additional applicants it says: 'If this is the first time you are applying for leave in this category, you cannot include dependent children over the age of 18. You can include a child who is now 18 or over who was initially granted leave in this category when they were under 18. You must show that they are still dependent on you for financial support and not leading an independent life, and that they have not formed their own family unit (for example got married or had their own children).'

I took this to mean the child could be added to the same form?

Thanks again for your help.

As per the quote in yellow, you can.

Great, thanks very much.

CR001 wrote: ↑

Tue May 23, 2023 1:21 pm

zimba wrote: ↑

Tue May 23, 2023 1:14 pm

Children do not have min residence requirements for ILR and settle when both parents settle. As she is over 18, she should apply separately using form SET(F) instead. She will be required to pass LIUK and prove her English language level as you pointed out. You get to submit your documents until you attend your Biometrics appointment

Not set f for the over 18 child. It is form Set M.

I believe that SET(F) can also be used for people who were granted leave as children under the 5-year family route and now are adults. I could be wrong but I do not think SET(M) allows children to settle on their own as it seems to be intended for adults (and their dependants) who must meet the financial requirements. Children may only be added