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Dependent son granted different form of leave

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Jjbakerr
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Dependent son granted different form of leave

Post by Jjbakerr » Mon Jan 09, 2023 8:44 pm

I recently applied for further leave to remain as a parent of a British child alongside my dependent child born outside the uk. She is 23 and was granted leave in line with me when she was under 18 during my first application as a parent of a British child.
The renewal decision letter that came in today stated that I’ve been granted further leave as a parent under the 10 year route (which is fine and correct), but my daughter was granted leave under the private life 10 year route to settlement.
This is incorrect as she should been granted leave as a child of a parent with leave to remain as she did in previous application.

I was thinking of sending a reconsideration letter but I thought I’d ask for assistance on the forum.

Can someone provide any insight to this because I'm really confused?

AmazonianX
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Re: Dependent son granted different form of leave

Post by AmazonianX » Mon Jan 09, 2023 10:55 pm

23yr old no more a child and considered as adult. This will be handle differently than when she was 18 and under.

Jjbakerr
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Re: Dependent son granted different form of leave

Post by Jjbakerr » Mon Jan 09, 2023 11:40 pm

Thanks for your reply.

Isn’t she supposed to be treated as a child if she’s now over 18 until settlement?
I think she should’ve been granted under appendix Fm and not private life.

This is very important because I don’t want any error to affect her future application.

AmazonianX
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Re: Dependent son granted different form of leave

Post by AmazonianX » Wed Jan 11, 2023 1:21 am

Jjbakerr wrote:
Mon Jan 09, 2023 11:40 pm
Thanks for your reply.

Isn’t she supposed to be treated as a child if she’s now over 18 until settlement? In the application have you presented a case that he/she is still totally dependent and not leading an independent adult life?
I think she should’ve been granted under appendix Fm and not private life.

This is very important because I don’t want any error to affect her future application.

Jjbakerr
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Re: Dependent daughter granted different form of leave

Post by Jjbakerr » Wed Jan 11, 2023 4:04 pm

Yes,
I included that in the online application form.
I even wrote a cover letter, outlining how I met the rules as a parent and she meets the rules as a dependent. I stated she lives at home, not in employment, in full time education and she depends one my financially and emotionally.

Jjbakerr
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Re: Dependent son granted different form of leave

Post by Jjbakerr » Thu Jan 12, 2023 5:16 pm

Any answers pls?

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Ticktack
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Re: Dependent son granted different form of leave

Post by Ticktack » Fri Jan 13, 2023 11:41 am

Jjbakerr wrote:
Thu Jan 12, 2023 5:16 pm
Any answers pls?
Your daughter would be fine. She's on a 10 year path to ILR. All combinations of leave can be combined to make up the 10 years. No need to press the panic button yet.
No sin in failing, you just have to try and try again!

Jjbakerr
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Re: Dependent son granted different form of leave

Post by Jjbakerr » Fri Jan 13, 2023 7:44 pm

Ok thank you!

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