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applying for ilr urgent help needed dependants over 18

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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sonya24
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Location: LONDON

applying for ilr urgent help needed dependants over 18

Post by sonya24 » Thu Feb 11, 2010 8:57 pm

hiya i have been looking at this forum since very long and found it very useful but today i need help i came to the uk in april 2006 but i was granted hsmp before that according to the old law i can apply for ilr in march2010 but i am having some problem when i came to uk i had 2 dependants with me who over under the age of 18 but when i was applying for further to leave to remain as i was only given 1 year visa my daughter had turned 18 already but they gave her futher leave to remain with me now my son has also turned 18 so i was just wondering if they will get the ilr with me or not i called the home office and they told to make 2 separate applications for them and i have to use the same set(O) FORM i can do that its not a problem but i want to go inperson for ilr at the homeoffice so do i have book a diffrent slot of appointment for my dependants??will they get ilr on the same day or not please give me some advice as im realllly confused.
thanks
SONYA

geriatrix
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Post by geriatrix » Thu Feb 11, 2010 9:22 pm

Since the children are >18 years, they cannot be included in your SET(O) form as dependents. They need to fill a seperate SET (O) form for themselves, as correctly advised by UKBA.

Book ONE "family" appointment for yourself and and the number of dependents applying with you.

Don't worry! Since your children entered UK as your dependents when they were <18 years of age and currently hold valid leave to remain as your dependent (children), if your application for settlement is approved then your children will also be granted ILR. That they are now over 18 at the time of ILR application doesn't matter, as long as they are not married, don't lead independent lives or have not formed independent family units of their own. (Immigration Rule 197-198).

regards

sonya24
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Posts: 120
Joined: Thu Feb 11, 2010 8:48 pm
Location: LONDON

Post by sonya24 » Thu Feb 11, 2010 9:34 pm

thanks alot for replying actually when i called ukba in the morning they told me that i'll have book an appointment slot for each 1 of us for example if i get an appointment for 10am i'll have to book it for them for 11am or whatever time is available after that and if i cant find the appointment on the same day for the dependants then i will have to apply for them later on some other day because untill and unless i dont get an ilr they are not eligible to submit their application.is that correct? PLEASE HELP

geriatrix
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Post by geriatrix » Fri Feb 12, 2010 12:39 am

Call UKBA and ask them what is the issue with booking a "family" appointment for all of you together? The only reason why a family booking might not possible is that if you've to pay separate fee for each of your dependent children's ILR application (seperate form, separate fee?), your case might be treated as three separate applications rather than as a single application.

Your dependents' ILR is based on the success of your application, so it doesn't make sense that you go in at one time and your dependents follow after a one/two hour interval on the same day. Because it will take 3-4 hours for your passport to be stamped with ILR, they will have no proof to show to the caseworker that their sponsor (you) has been granted ILR! Likewise they will have no supporting documents to show to their caseworker because all the documentary evidence will either be with you or with the caseworked dealing with your ILR application!

So, if family appointment is not a possible option for you (check with UKBA), then I would suggest that your children book an appointment for themselves for a later date.

regards
Last edited by geriatrix on Sat Feb 13, 2010 11:03 pm, edited 1 time in total.

sonya24
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Posts: 120
Joined: Thu Feb 11, 2010 8:48 pm
Location: LONDON

Post by sonya24 » Sat Feb 13, 2010 12:04 pm

hi sushdmehta thanks alot for your help i called the home office yesterday again and i'll explained them everything they told me that i'll have to book 3 diffrent appointments for all three of us it could be on the same day and i have get the 3 appointments at the same time i can book them thanks god now can u please tell me what documents do i need to support my application i have got letter from the employer 3 payslips but im having issues with my bank statement i get my pay into my daughters account is it possible that i give her statement or i can ask her to add me in her account but thats goin to be from this month only and i have booked the appointment in march and do i need anymore documents for my children application.please help

OFCHARITY
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Post by OFCHARITY » Sat Feb 13, 2010 5:27 pm

They may not ask to see bank statements but I'd suggest you still take the statements that you have, get your name added to your daughters account and get a statement sent out to you immediately after your next salary payment. Also see if you could get your employer to give you a letter stating the account to which they pay your salary.
'In everything give thanks'

gidoc
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Post by gidoc » Sat Feb 13, 2010 9:26 pm

Hi Sonya,
I am surprised that UKBA said to book three different appointments, what you should have had was a family appointment. If you book a single slot for yourself then your dependent application will not be considered at that time, further for dependent application, all your documents will be needed anyway and you may not have them back.
I have called twice to book a family appointment for four of us( two above 18 yr olds) and have had no problem, I did not take the appointment as the date was too early and later dates are not yet available, so I was asked to call again after sometime. Even for online booking I was informed that a family slot should be used for children even if older that 18 yr.
The above 18 rule and separate slot applies for other relatives and not spouse or children.

best regards

sonya24
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Posts: 120
Joined: Thu Feb 11, 2010 8:48 pm
Location: LONDON

Post by sonya24 » Sat Feb 13, 2010 9:40 pm

hi thanks for the advice actally i took 3 diffrent appointments because ukba said u have to fill in 3 SET(O) forms and i cant add them as family member in the same slot because they are above 18 now i called them so many times and the answer was same.did u apply for ilr for depandants over 18 was it sucessful please help me because im really confused.

geriatrix
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Post by geriatrix » Sat Feb 13, 2010 11:06 pm

sonya24 wrote:can u please tell me what documents do i need to support my application
See
Success - In-Person ILR - Solihull/Birmingham PEO - HSMP JR
ILR Success at Sheffield PEO, HSMP JR Applicant with 210 day

regards

gidoc
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Post by gidoc » Sun Feb 14, 2010 1:15 am

Hi Sonya,
Dependents over 18 yrs require a set(o) form each and fee but they are your dependents and unless you get ILR they wont; none of their documents are examined except passport and birth certificate. Say you have an appointment at 11 am and you have not finished by 12 pm, when the next one has the appointment, what will that child go with?
i have not taken an appointment but on phone I gave the date of births and was offered one family slot, which is what I requested.
Many others have done like that as well.
I have previously taken limited leave to remain 3 times, as tier 1, WP, HSMP; for over 18 yrs of age , its done on a separate form and separate fee but appointment is one slot. Now one does not have to take the dependents either, just the main applicant has to attend.
I suggest you call again and request one family appointment only, as your dependents cannot attend without you and your documents even when over 18.
This is the rule for HSMP under JR.

I am sure others can confirm this as well.

best regards

Hope this helps.

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