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Tier 2 - General - ILR Application - Tests required for child under 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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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ananth_narayan
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Tier 2 - General - ILR Application - Tests required for child under 18?

Post by ananth_narayan » Fri Aug 30, 2019 11:45 am

Hi,

I'm applying for settlement (ILR) with 5 years being on Tier-2 General (Employer) visa. I entered the country on 05-Nov-2014, which means I can apply any time after 09-Oct-2019 (anytime after 28 days prior to completion of 5 years). The question is: I have a son 17 years now and turning 18 on 02-Nov-2019. If I were to submit my application say on 10-Oct-2019, he will still be 17 years. So, should he write the Life in the UK test and English tests? Because, as per Gov.uk website guidelines, "on the date of the application", if the child is not 18, then no need to write those tests. However, my doubt is more around his date of birth falling within the 5 years bracket.

I would like to give expert guidance or people who have undergone/going through this similar situation please. Thanks.

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CR001
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Re: Tier 2 - General - ILR Application - Tests required for child under 18?

Post by CR001 » Fri Aug 30, 2019 11:49 am

I entered the country on 05-Nov-2014, which means I can apply any time after 09-Oct-2019 (anytime after 28 days prior to completion of 5 years).
You start counting from initial visa ISSUE date, not the date of entry. It is visa issue date minus the 'within 28 days'.
The question is: I have a son 17 years now and turning 18 on 02-Nov-2019. If I were to submit my application say on 10-Oct-2019, he will still be 17 years. So, should he write the Life in the UK test and English tests? Because, as per Gov.uk website guidelines, "on the date of the application", if the child is not 18, then no need to write those tests. However, my doubt is more around his date of birth falling within the 5 years bracket.
It is date of application that is relevant, which is no sooner than within 28 days before the 5th anniversary of the initial visa ISSUE date. If he is not 18, then it it not required.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

ananth_narayan
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Joined: Fri Aug 30, 2019 11:34 am
India

Re: Tier 2 - General - ILR Application - Tests required for child under 18?

Post by ananth_narayan » Fri Aug 30, 2019 2:54 pm

Thanks for clarifying CR001!

My UK Entry Clearance page in my passport says "Valid From: 03/11/14", which is two days before I entered the UK. Hence, I'm eligible to apply any time after 08/10/2019 (28 days prior to 03/11), if I'm ready with all the required documents and meet the requirements. Please confirm, if possible. Thanks.

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