Complicated ILR, son over 18

Wife joined British husband in the UK Sept 2016 on a standard Settlement (family life?) visa.
Son should have followed later but was refused visa (apparently he could have lived with his aged and infirm grandparents ). Decision overturned at appeal but long delay meant son arrived May 2019 and was “attached” to his mother’s visa.

Wife’s FLR was due soon after son’s arrival and both were granted FLR.

Wife’s ILR is due in September 2021 but son will be 19 by then (in full time education and living at home).

Will son qualify for ILR by being “attached” to his mothers visa despite living in the UK for only 16 months? His BRP expiry date is Jan 2022 same as his mother’s.

If yes, I understand that he will have to apply for ILR independently from his mother as he is over 18. Would that be application SET M, SET O or some other?

I assume he will need to be sponsored as a dependent by me as he has no income.

So, how will the financial (income/savings) details be calculated/applied? Can the same details be applied to mother’s and son’s application? (ie £18,600 income for each, or submit cash savings of £62,500 on both?). Or do you need to show income of £22,400 for each (£72,000 cash savings)?...... or something else?

I think she may include him in her SET(M) application.

Children 18 and over
You can only include older children in your application if they both:

were under 18 when they got permission to be in the UK as your dependant
still do not live an independent life - for example, they have not left home, got married or had children
If they turn 18 before you apply, they also need to:

pass the Life in the UK Test
meet the English language requirements

Interestingly, they don’t appear to have listed similar requirements for Children aged 16 and over found in other categories?

Thankyou Vinny,

It was the son's short residence that was causing me concern. Hopefully we are beginning to see the light at the end of a 5 year very expensive nightmare .......but I'm not holding my breath

D-LTRC and 298 are not subject to a residence requirement.

As a side note, keep in mind that the child will not be eligible for naturalisation/British citizenship till May 2024 (five years after arriving in the UK) and will have to meet all the requirements for naturalisation in their own right (there is no dependency route to British citizenship).

Regardless of ILR status, there may also be an impact on the child's qualification for Home Fees and student loans (both of which require at least three years residence before the first day of the first year of the university course, even for British citizens).

md3 wrote: ↑

Tue Feb 09, 2021 3:32 pm

So, how will the financial (income/savings) details be calculated/applied? Can the same details be applied to mother’s and son’s application? (ie £18,600 income for each, or submit cash savings of £62,500 on both?). Or do you need to show income of £22,400 for each (£72,000 cash savings)?...... or something else?

Wife is subject to E-ILRP.1.3.

(1A) In respect of an application falling within sub-paragraph (1)(a) above, the applicant must meet all of the requirements of Section E-LTRP: Eligibility for leave to remain as a partner (except that paragraph E-LTRP.1.2. cannot be met on the basis set out in sub-paragraph (c), (d) or (e) of that paragraph, and in applying paragraph E-LTRP.3.1.(b)(ii) delete the words “2.5 times”).

LTRP.3.1. may include additional for non-British, non-settled child.

Child is subject to 298

(v) can, and will, be maintained adequately by the parent, parents or relative the child was admitted to join, without recourse to public funds; and

I suspect that satisfying LTRP.3.1. is sufficient for both with and child with respect to the financial requirements.

secret.simon wrote: ↑

Tue Feb 09, 2021 8:14 pm

As a side note, keep in mind that the child will not be eligible for naturalisation/British citizenship till May 2024 (five years after arriving in the UK) and will have to meet all the requirements for naturalisation in their own right (there is no dependency route to British citizenship).

Regardless of ILR status, there may also be an impact on the child's qualification for Home Fees and student loans (both of which require at least three years residence before the first day of the first year of the university course, even for British citizens).

Yes, had plans been successful, son would have arrived in the UK before he had to begin studies for Chinese GaoKao and in time to enter UK Year 10. I guess UK immigration had hit their target . Even the government representative at the appeal seemed surprised when he read his notes and asked our lawyer "is that the only reason for refusal, am I missing some notes?" Immigration seemed unhappy at the result and took months before they actually stuck the visa in his passport..... even then only after the intervention of our MP.

We were lucky for him to be accepted by our local 6th Form college where he is studying for 3 A levels and 2 O levels. (he has already taken and passed Maths grade 9 without any study). However, unless we can find some local college courses he will have to take a year out before Uni.