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Kids BC or ILR

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

virgotash
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Kids BC or ILR

Post by virgotash » Tue Jan 31, 2017 9:13 pm

Hi,
I got ILR last year via Tier 1 General. My wife has ILR as well but my 3 kids still have Tier 1 Dependent visa valid till March 2017. I am due to Naturalization in May 2017. At the time of ILR application my Solicitor advised that Once I got Naturalization I can apply for kids under section 3(1) and no need of ILR for them.

However, reading through on forum I found few people has gotten refusal for their kids for naturalization. Could you please advise bit more regarding pros and cons for directly applying citizenship for kids. Is there any specific rules / guidelines for workers they will refuse in any way if ILR skipped.

If I have to apply for their ILR so which form will I use and any technicalities to be addressed in case using set(O) form i.e. main applicant etc.

Thanks in advance,

noajthan
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Re: Kids BC

Post by noajthan » Tue Jan 31, 2017 9:22 pm

Read Chapter 9 Guidance on Registration.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

virgotash
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Re: Kids BC

Post by virgotash » Thu Feb 02, 2017 7:04 pm

Hi,

Any input as I can see from Chapter 9 should be minor and Secretary of State should satisfied.

Anyone like to shed light regarding incidents where can not be satisfied. I can't see anything significant as for good character talking about criminal nature of offences. But sometime rules are hidden in between the lines that's why asking for advise.

Thanks in advance.

noajthan
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Re: Kids BC

Post by noajthan » Thu Feb 02, 2017 7:07 pm

virgotash wrote:Hi,

Any input as I can see from Chapter 9 should be minor and Secretary of State should satisfied.

Anyone like to shed light regarding incidents where can not be satisfied. I can't see anything significant as for good character talking about criminal nature of offences. But sometime rules are hidden in between the lines that's why asking for advise.

Thanks in advance.
Read again on settled status and freedom from immigration time restrictions.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

secret.simon
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Re: Kids BC

Post by secret.simon » Thu Feb 02, 2017 8:15 pm

In the document linked to by Noajthan, read all sub-sections of 9.17 (which would apply to your child's application under Section 3(1)), in particular;
9.17.24 We should normally expect a minor to be free of conditions of stay because the future of a child whose stay is restricted does not clearly lie here (see 9.17.2). Registering a minor who is on conditions has the effect of cancelling their conditions because, on becoming a British citizen, the minor would cease to be subject to immigration control.

9.17.25 We should therefore normally refuse an application for the registration of a minor whose stay in the United Kingdom is restricted to a specific period.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

virgotash
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Re: Kids BC

Post by virgotash » Thu Feb 02, 2017 10:14 pm

Thanks Simon and Noajthan,

I can see home office emphasizing on immigration free minor i.e. ILR but also considering past behavior as well. But i think you guys are right to be safer should go for ilr. Could you please advise which form I have to send and in case set O should i provide my details as main applicant and all kids on one form. thanks

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CR001
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Re: Kids BC

Post by CR001 » Fri Feb 03, 2017 8:34 am

Set(O), a separate form for each child.
Char (CR001 not Casa)
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virgotash
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Re: Kids BC

Post by virgotash » Fri Feb 03, 2017 9:22 pm

Hi CR001
Thanks but I am still confused as I saw one of your reply last month where you mentioned that if both parents on ILR then children have to use form (F). In case if still I have to use form (o) for my kids then who will be main applicant i.e. will be mine and write child name under children section or Child herself/himself will be the main applicant.

Thanks very much..

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CR001
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Re: Kids BC

Post by CR001 » Fri Feb 03, 2017 9:34 pm

Set(O) or Set(F). Set(O) is probably simpler.

Each child on their own form is the main applicant.
Char (CR001 not Casa)
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virgotash
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Re: Kids BC

Post by virgotash » Fri Feb 03, 2017 9:44 pm

HI CR001,

Thanks for prompt response. Which documents I have to attach i.e. BRP card mine and wife showing ILR and any documents ie.. bank statements and payslips etc.

Thanks

virgotash
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Re: Kids BC

Post by virgotash » Sat Feb 04, 2017 8:33 pm

Hi ,

This forum was very useful but this time I have feeling being ignored as i can see the evidence but don't want to be annoying for others and for myself as reactionary. Thanks

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CR001
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Re: Kids BC

Post by CR001 » Sat Feb 04, 2017 8:38 pm

Have you read the form and guidance notes?
Char (CR001 not Casa)
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virgotash
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Re: Kids BC

Post by virgotash » Sat Feb 04, 2017 9:00 pm

Thanks CR001... Yes I have read... but still confused regarding what to fill in section 5 home and finance and section 6. and how I can establish that parents has been granted ILR on the form. What supporting documents required original or photocopies. thanks

virgotash
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Re: Kids BC

Post by virgotash » Mon Feb 06, 2017 9:48 pm

Hi,
I thinks no one is willing to advise. However, today I called UKVI and one advisor told that I can use Form F when only children are applying without parents. But when I called second time the other advisor told me that definitely should use Form (O) and eldest child as main applicant and while other 2 comes under children section and only need 1 form. When I ask what should I enter on home and finance section she told nothing as child has no income. only attach parents passport and Bio metric cards.

Difference of opinions so I am quite confused. Any advise most welcome.

noajthan
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Re: Kids BC

Post by noajthan » Mon Feb 06, 2017 9:50 pm

Don't rely on helpline.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

virgotash
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Re: Kids BC

Post by virgotash » Mon Feb 06, 2017 10:05 pm

Hi Noajthan,

Please could you advise what should I do i.e. which form ?

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CR001
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Re: Kids BC

Post by CR001 » Mon Feb 06, 2017 10:12 pm

Either form, separate form for each child. Submit proof of ILR and your passport.
Char (CR001 not Casa)
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virgotash
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Re: Kids BC

Post by virgotash » Mon Feb 06, 2017 10:38 pm

Thanks CR001,

I know you already mentioned this and I found SET (O) more simpler and want to apply on this form but I am stuck or overthinking. I can give details of each child as main applicant and leave blank where asking for finance and home and enclose own and wife ilr card and passports (Original)

One more question I would like to ask that is regarding my mom. I want to apply her visa from abroad as adult dependent relative. should photo copy of my ILR and passport will be sufficient as she will apply from out of UK and I assume I cannot send these documents abroad.

Thanks in advance.....

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Re: Kids BC

Post by vinny » Mon Feb 06, 2017 11:48 pm

virgotash wrote:One more question I would like to ask that is regarding my mom. I want to apply her visa from abroad as adult dependent relative.
Very difficult. Moreover, a refusal may jeopardize any subsequent visitor applications, because her intentions to settle contradicts her intentions to leave the UK after visiting.
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We do not inherit the Earth from our ancestors, we borrow it from our children.

virgotash
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Re: Kids BC or ILR

Post by virgotash » Tue Feb 07, 2017 8:15 pm

Hi ,

It was a nice forum where any one can get useful advise. But this time I am extremely dissatisfied because moderators are not answering the question. I do respect your opinion but at least answer or say you don't know. I do understand visa is very difficult but my question is unanswered. I asked question help for form (O) no body is bothering to answer likewise asked for attaching photo copies of Passport and biometric will be suffice for mom visa also remained unanswered.

Thanks for all your help so far and bye.

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CR001
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Re: Kids BC or ILR

Post by CR001 » Tue Feb 07, 2017 8:23 pm

virgotash wrote:Hi ,

It was a nice forum where any one can get useful advise. But this time I am extremely dissatisfied because moderators are not answering the question. I do respect your opinion but at least answer or say you don't know. I do understand visa is very difficult but my question is unanswered. I asked question help for form (O) no body is bothering to answer likewise asked for attaching photo copies of Passport and biometric will be suffice for mom visa also remained unanswered.

Thanks for all your help so far and bye.
You have to send evidence of parent(s) ILR.

Please also note that we offer our time for free, yes free, unpaid. We also have our own jobs and families and other commitments. Searching the forum and reading the guidance notes etc is also useful.

Good luck
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

virgotash
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Re: Kids BC or ILR

Post by virgotash » Wed Feb 08, 2017 8:45 pm

Hi,
I do understand its free and read these many time earlier as well. If you have families and don't have time better leave and shut this instead reiterating. I was only saying that my questions remained unanswered that only pointed out. Neither I ask for quick response nor demanded as you don't have obligation to answer.

As this is useful forum and many time I benefitted from it and I preferred this forum advise over Solicitor even whom I paid because you guys give honest advise.

I read both forms Set(O) and Set (F) both are pretty straight forward but i can completely under stand if fill up Set (F) because I will be there as sponsor and for income I might attach bank statements and Accountant letter. But while I looking at Set (O) form if I fill in child as main applicant then I no need to show any finances or etc. at least no need to mention within the form, however may attach bank statements and payslips which I assuming very easy for me just not asking for finances. but if I submit form F how much income I should have monthly to support 3 kids myself and wife.

In other words my understanding is if i fill Set (O) form no requirement to show any income but while submitting SET (F) need to show a certain level of monthly income but don't know is there specific requirement or being Tier1 General to ILR no requirement or otherwise.

Thanks for reading long post.

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Casa
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Re: Kids BC or ILR

Post by Casa » Wed Feb 08, 2017 8:59 pm

The moderating team look after the smooth running of the forum when time permits and can't possibly answer ALL questions out of a total posts of 1413,373 to date! Neither do we have the solution to ALL queries.

Your comment to "leave and shut this" is frankly insulting and unlikely to inspire anyone to give up their free time to respond. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

virgotash
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Re: Kids BC or ILR

Post by virgotash » Wed Feb 08, 2017 9:31 pm

Hi Casa

Sorry I don't want to hurt anyone. But now i got the answer that no answer which is fair enough.

Thanks very much.

noajthan
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Re: Kids BC or ILR

Post by noajthan » Wed Feb 08, 2017 11:13 pm

Casa wrote:The moderating team look after the smooth running of the forum when time permits and can't possibly answer ALL questions out of a total posts of 1413,373 to date! Neither do we have the solution to ALL queries.

Your comment to "leave and shut this" is frankly insulting and unlikely to inspire anyone to give up their free time to respond. :idea:
Its also a major misunderstanding of how the Board works.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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