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SET O Guidance documents after biomterics

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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stella123
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Re: ILR for child above 18 - Sole Parent In UK

Post by stella123 » Sat Oct 24, 2020 5:07 pm

Dear Vinny,

Your reply has always been insightful and you trully pointed out the right rules to me. By refering to the rules, I know what they are look for so that I know what documents to show. Am grateful.

All the bills have been issued to me and paid from my bank account. I should have no problem showing documentary evidents because it is the truth that i have been raising my daughter alone for the past 5 yrs.

I think I am going to give it a try. I will keep you all posted and share my experience here.

Just 1 thing, Vinny, if I fail, that would not affect my daughter's existing visa right. I will submit the application in Jan, if it is rejected before June, she shud have her visa till June, i would still have time to try to figure something out. Am I right Vinny?

Thanks again.

Abg85
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Re: ILR for child above 18 - Sole Parent In UK

Post by Abg85 » Sun Oct 25, 2020 1:35 am

Dear Stella,
Always include a consent letter from the other parent also. That will help you so much.
stella123 wrote:
Sat Oct 24, 2020 5:07 pm
Dear Vinny,

Your reply has always been insightful and you trully pointed out the right rules to me. By refering to the rules, I know what they are look for so that I know what documents to show. Am grateful.

All the bills have been issued to me and paid from my bank account. I should have no problem showing documentary evidents because it is the truth that i have been raising my daughter alone for the past 5 yrs.

I think I am going to give it a try. I will keep you all posted and share my experience here.

Just 1 thing, Vinny, if I fail, that would not affect my daughter's existing visa right. I will submit the application in Jan, if it is rejected before June, she shud have her visa till June, i would still have time to try to figure something out. Am I right Vinny?

Thanks again.

vinny
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Re: ILR for child above 18 - Sole Parent In UK

Post by vinny » Sun Oct 25, 2020 2:50 am

Perhaps not a "consent" letter, as that may undermine that you have sole responsibility. Perhaps a letter confirming no involvement, etc? Also letters from independent sources. If refused, then I think that daughter may be able to appeal on human rights grounds.
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.

vinny
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Re: ILR for child above 18 - Sole Parent In UK

Post by vinny » Sun Oct 25, 2020 3:14 am

Abg85 wrote:
Sat Oct 24, 2020 1:27 pm
Vinney,

That was before 2012 and the same was under 10 year route. They took around 2 years to get a documentary evidence to prove the "Normally Lives". If the cases are matching the immigration rules, then it will be simple, if it is not matching the immigration rules, then it will be complicated. The immigration rules are very clear in all these things.
vinny wrote:
Fri Oct 23, 2020 11:43 pm
It could be simpler, if child normally lives with a single parent at the same address in the UK and other parent normally lives in another country, etc.
Syed, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 1059 (07 September 2011) wrote:It is thus in the nature of the Immigration Rules that they include no over-arching implicit purposes. Their only purpose is to articulate the Secretary of State's specific policies with regard to immigration control from time to time, as to which there are no presumptions, liberal or restrictive. The whole of their meaning is, so to speak, worn on their sleeve...
Indeed, I think the above Judgment at that time agreed with us that the rules should be very clear in all things. In some cases, they still are. But unfortunately, since then, some are not. The latest judgment on Long residence gives examples of confusing interpretations of the rules.
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.

Abg85
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Re: ILR for child above 18 - Sole Parent In UK

Post by Abg85 » Sun Oct 25, 2020 3:39 pm

Vinny,

If any letter required from other parent, then it mean that the sponsoring parent has no Sole Responsibility.
Immigration rules clearly stating that “These Rules are in place to ensure the safeguarding and welfare of the child is actively considered, preventing, for example, the unintended break-up of a family unit or child trafficking.” If these rules did not exist, then so many trafficking cases may be reported. In addition to that the immigration guidelines clearly stating that the wish of any one parent that the child to be in UK will not considered under serious and compelling reason.

Even a letter from one parent will not cater the requirement of documentary evidence to prove sole responsibility. The sole responsibility can be proven only with an order from the court from their Nationality belongs. In any country, for getting the sole custody court order, there are so many procedures are these. The court will issue sole custody sort order only after considering/analyzing/verifying so many factors and with that court order the sole responsibility can be easily proven for immigration purpose, this is for clearly protecting the child by considering the wish of both parents.

If other parent is also supporting, this may be possible up to some extent, but if other parent is not supporting, the sole responsibility can be proven only with solid order from the Court from their Nationality belongs, otherwise so many legal obligations are there. Only so the immigration rules clearly stating that “the wish of any one parent that the child to be in UK will not considered as a valid reason in case of minor child.

In the case of stella, since the other parent’s wish also in the same line,some hopes are there.

vinny wrote:
Sun Oct 25, 2020 2:50 am
Perhaps not a "consent" letter, as that may undermine that you have sole responsibility. Perhaps a letter confirming no involvement, etc? Also letters from independent sources. If refused, then I think that daughter may be able to appeal on human rights grounds.

vinny
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Re: ILR for child above 18 - Sole Parent In UK

Post by vinny » Mon Oct 26, 2020 12:59 am

Indeed, a letter from the other parent may help to confirm that there was no child abduction involved.

I believe that neither the Rules nor the Guidance specified that a court order is a mandatory requirement.
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.

Abg85
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Re: ILR for child above 18 - Sole Parent In UK

Post by Abg85 » Mon Oct 26, 2020 8:41 am

Vinny,

If a letter from the other parent is available, from that it's clear that no child abduction is involved and I already specified that if other parent's wish also in same direction/line (both parent's wish are same) , then the court order may not be a mandatory document in the case of minor child.
vinny wrote:
Mon Oct 26, 2020 12:59 am
Indeed, a letter from the other parent may help to confirm that there was no child abduction involved.

I believe that neither the Rules nor the Guidance specified that a court order is a mandatory requirement.

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Re: ILR for child above 18 - Sole Parent In UK

Post by JB007 » Mon Oct 26, 2020 8:41 am

As the OP's child is an adult, if ILR is not granted because her father had dependant visas in line with his daughter for 5 years but didn't live in the UK, can't the daughter apply for a visa in her own right? Either use that visa for 5 years for ILR (if it leads to ILR) or look at the 10 years to ILR?

stella123
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Re: ILR for child above 18 - Sole Parent In UK

Post by stella123 » Wed Feb 03, 2021 12:37 pm

Dear all, i am about to submit the application, 1 question, do i print all the original & printed documents when i do my biometric? Or rather the question is at any time i need to bring and show the printed copy? If i remember correctly when i did the extension, the offcier who did the biometric centre, merely took a glance at my documents.
I am proofing sole parental consent, i have many emails/receipts/bank statement over the last five years to show. Do I have to print them all out or just submit electronic copies online?
Thank you in advance

stella123
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Re: ILR for child above 18 - Sole Parent In UK

Post by stella123 » Fri Feb 26, 2021 11:17 pm

Hi, I am preparing the application, i had an entreprenuer team member when I first applied under Tier 1 Entrepreneur, but we went our separate way after we landed in UK, and we made our application for extension separately. Now in the ILR application (Set O), i m asked about the Entrepreneurial team member details, do I have to fill up the information about this team member? what happened if i have no particulars of this person example her Home Office Reference number?
Can someone show me link to answers please. thank you

stella123
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ILR (LR) Child application

Post by stella123 » Sun Apr 04, 2021 11:38 pm

HI, I submitted my application for ILR (under Tier 1 enterpreneur 5 year route) on 28.2.2021, my biometric appointment is on 6.4.2021. I paid for ordinary service for my own ILR application. I may only get my result months later.
My dependant (her BRP says PBS Dependant) child meets her 5 year residency requirement on 5.4.2021. I am going to submit her application tomorrow.
Is it correct to say that her ILR depends on my ILR? what would happen if i pay for priority service for my child? Would the home office consider her application before mine is determined? Or would there put hers aside and wait for mine, or would they just reject her application since her sponsor is has not ILR status yet.

thank you
stella

vinny
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Re: ILR for child above 18 - Sole Parent In UK

Post by vinny » Mon Apr 05, 2021 12:54 am

M.
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.

vinny
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Re: ILR for child above 18 - Sole Parent In UK

Post by vinny » Mon Apr 05, 2021 12:58 am

I think child cannot succeed before you succeed, unless child is eligible under Long residence.

Don’t forget KoLL, etc.
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.

vinny
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Re: ILR for child above 18 - Sole Parent In UK

Post by vinny » Mon Apr 05, 2021 1:04 am

Cinny666 and her child’s ILR applications were successful. Hopefully, both yours will be too.

Good luck and let us know in due time!
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.

stella123
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Re: ILR for child above 18 - Sole Parent In UK

Post by stella123 » Sat May 01, 2021 6:33 pm

I got my ILR approved in April, then I submitted my daughter's application.
I have included tons of evidents,receipts, school's confirmation of sole parent on their record, medical report (I will list down those documents in detils if her application is succesful).
She will attend the biometric appointment end of May. I have paid for premium service, so should get result early June.
I will update in due course.
Thanks everyone especially Vinny for your kind assistance. Really appreciate it.

stella123
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SET O Guidance documents after biomterics

Post by stella123 » Wed Jun 02, 2021 3:18 pm

Dear Guru,
I submitted my Set O application and done biometric.
I received an email from worknonsponsoredcasework@homeoffice.gov.uk stating that I left out english ability cert. I quickly uploaded the same in the UKvcas and also attached a copy of the cert when I replied the email. I received an auto reply from the email that : Thank you for your email. This email inbox is for applicants under the Work Non-Sponsored route....
My question is, is this the right way to submit documents after biometric?
Thank you
stella

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zimba
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Re: SET O Guidance documents after biomterics

Post by zimba » Wed Jun 02, 2021 4:39 pm

stella123 wrote:
Wed Jun 02, 2021 3:18 pm
Dear Guru,
I submitted my Set O application and done biometric.
I received an email from worknonsponsoredcasework@homeoffice.gov.uk stating that I left out english ability cert. I quickly uploaded the same in the UKvcas and also attached a copy of the cert when I replied the email. I received an auto reply from the email that : Thank you for your email. This email inbox is for applicants under the Work Non-Sponsored route....
My question is, is this the right way to submit documents after biometric?
Thank you
stella
You should email the evidence. Anything uploaded on the UKVCAS system after appointment will not be sent to UKVI :!: :!:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

stella123
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Re: SET O Guidance documents after biomterics

Post by stella123 » Thu Jun 03, 2021 4:45 pm

Dear Zimba,

I did send an email - replied to the email that I received earlier. Did I do it right?
Also I paid for priority service, tomorrow would be the 5th working day, has anyone paid priority and did not get a answer within 5 working days?

really appreciate your help.

stella

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zimba
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Re: SET O Guidance documents after biomterics

Post by zimba » Fri Jun 04, 2021 12:46 pm

Then wait. Priority service is not a guaranteed service
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

stella123
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Re: SET O Guidance documents after biomterics

Post by stella123 » Fri Jun 04, 2021 2:51 pm

Dear all,

My girl's application for ILR has been approved.
I submitted many documents to prove sole parental responsiblity including the following:-

School Confirmation - that was the only parent on their record
Medical - accompanied her to GP (dr recorded my present)
School fees/uniform/shoes/school trips payment
Tenancy agreement show address (I provided accomdation)
Voters registration to show we have same address
Pictures of our trips
Various Payment - trips/council tax/water/electricity
a letter to tell my story - how i raised my daugther alone
thank you everyone especially the Gurus who spent time to advice, I am grateful!!!!!

Stella

vinny
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Re: SET O Guidance documents after biomterics

Post by vinny » Fri Sep 24, 2021 7:55 am

Congratulations! :D
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.

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