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Which form - ILR for dependents

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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Which form - ILR for dependents

Post by to_be_or_not_to_be » Thu Jul 29, 2021 8:20 pm

Hi everyone,

I'm applying for an ILR for my 12 year old son. He has been with us since we came to the UK.

Me (father): British by naturalization 2019
Mother: ILR - Tier 2 completed 5 years route 2021

My questions are

1- Which form to use for my son? is it set (o)?
2- Do I need to provide any sponsors letter (was dependent on the father)?
3- How can I prove his address? is a school letter sufficient?
4- Finally, I'm planning to apply for naturalization for both of them once his ILR is granted - I assume they dont have to wait for 12 months given that I'm british?

Thanks

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Re: Which form - ILR for dependents

Post by zimba » Fri Jul 30, 2021 11:19 am

Why didn’t you include him in mother's ILR application ????

1. SET(O)
2. No
3. Yes
4. Correct
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Re: Which form - ILR for dependents

Post by to_be_or_not_to_be » Fri Jul 30, 2021 8:52 pm

Thank you @Zimba

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Re: Which form - ILR for dependents

Post by to_be_or_not_to_be » Fri Jul 30, 2021 8:56 pm

I didn't include them in their mother's application as I was worried if it gets rejected then I'll lose £10,000 as I did 3 years ago (their mother was still on a Tier 2 visa). The kids were on my PBS tier 2 dependent, I am now British and the mother has settled with an ILR so hopefully no valid reason to be rejected.

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Re: Which form - ILR for dependents

Post by zimba » Sat Jul 31, 2021 12:22 pm

to_be_or_not_to_be wrote:
Fri Jul 30, 2021 8:56 pm
I didn't include them in their mother's application as I was worried if it gets rejected then I'll lose £10,000 as I did 3 years ago (their mother was still on a Tier 2 visa). The kids were on my PBS tier 2 dependent, I am now British and the mother has settled with an ILR so hopefully no valid reason to be rejected.
Poor judgment on your part
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Re: Which form - ILR for dependents

Post by to_be_or_not_to_be » Sun Aug 01, 2021 5:35 pm

Dear Zimba,

Why do you think it's a poor judgement on my part? I have lost £10,000 on a previous application and didn't want to risk it again especially that my wife's ILR wasn't straightforward. I did seek advice on this forum before her application and it didn't sound to be an issue.

Nevertheless, a few weeks of delay shouldn't be a problem as far as that they will grant it!

I just hope that it will not be a different case that they are applying seperatley - should I be cautious about something?

Best regards,

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Re: Which form - ILR for dependents

Post by zimba » Sun Aug 01, 2021 10:08 pm

So you tried to save money by paying for ILR twice when you could have paid for it once for both of them :? If there were no issues, why would you hesitate?
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Re: Which form - ILR for dependents

Post by to_be_or_not_to_be » Sun Aug 01, 2021 10:18 pm

I'm not sure if one of us is missing something.

How could I have saved money if I applied for both my wife and son together? my understanding is each applicant needs to pay the fees?

I paid £3200 for her super-priority service and that would have doubled if I included him in the application as well.

Now I'm more relaxed to apply for him anytime next week without risks unless I'm missing something else!

Please let me know of anything that could be an obstacle - my PBS dependant (I'm now naturalized) and his mother is now officially settled.

Thanks

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Re: Which form - ILR for dependents

Post by to_be_or_not_to_be » Sun Aug 01, 2021 11:33 pm

Another question which just came up as I'm filling my son's ILR application:

Q: The person you are joining or accompanying?

if he was a PBS dependent on me (father) shall the answer be myself or shall I put his mother's name who recently had a successful ILR outcome?

Ps: later in the application they will ask about both parents and their nationalities so both father and mother details will be there.

Thanks

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Re: Which form - ILR for dependents

Post by zimba » Mon Aug 02, 2021 12:34 am

It does not matter who you put there
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Re: Which form - ILR for dependents

Post by to_be_or_not_to_be » Tue Aug 03, 2021 2:32 pm

Thank you Zimba,

A couple of more question that came up as I'm filling the form.

I cannot add any further applicants (sister), is this normal? ie: should make an application for each kid?

Also, I don't know why it took me to set (f) - now I have to start again and do the application on set (o).

Finally; they didn't ask about any travel outside the UK in the past 5 years which I found odd - are the dependents exempted from this if both parents are settled? - I have checked again and again and there was nothing about the travel history on set (o) but I'm intending to clarify their travel history on the statement letter (they have only been away once in the past 5 years for 15 days).

Many thanks again

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Re: Which form - ILR for dependents

Post by zimba » Tue Aug 03, 2021 3:08 pm

Dependant children who do not apply with their parents end up applying on their own so you need separate applications. They qualify under both SET(O) and SET(F) when both parents are settled. Children do NOT have to meet the continuous residence requirement
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Re: Which form - ILR for dependents

Post by to_be_or_not_to_be » Tue Aug 03, 2021 10:31 pm

Dear Zimba

Honestly, I can't say how grateful I am for your prompt replies. I wish you all the best in your life and thank you very much.

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