ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Is my son eligible to apply to settle in the UK with me

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

vinny
Moderator
Posts: 32760
Joined: Tue Sep 25, 2007 7:58 pm

Re: Is my son eligible to apply to settle in the UK with me

Post by vinny » Wed Sep 30, 2020 1:43 pm

If he’s rejected, then it shouldn’t affect your application. But I suspect that he will succeed. Just dot the i's and cross the t's.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Abg85
Newly Registered
Posts: 28
Joined: Sat Aug 29, 2020 9:11 am

Re: Is my son eligible to apply to settle in the UK with me

Post by Abg85 » Wed Sep 30, 2020 3:46 pm

Cindy,
Normally application for ILR without both parents will be rejected surely without any doubt but in your case, they have already considered the case under serious and compelling reason sometimes it may be successful by considering the same as an exceptional case. I don't know why this much delay in decision, sometimes it may be due to rejection.
Cindy666 wrote:
Wed Sep 30, 2020 1:24 pm
Hi thanks for taking care of my case.

If my son's ILR application is rejected, then what type of visa should he apply to? Will HO directly give him other type of visa, e.g. Tier 2 PBS Dependant? He is now a Year 1 student in a UK university. He does not work. All his expenditures are supported by myself. Will the rejection influence my ILR application?

Sorry for so many questions.

Thanks

Abg85
Newly Registered
Posts: 28
Joined: Sat Aug 29, 2020 9:11 am

Re: Is my son eligible to apply to settle in the UK with me

Post by Abg85 » Thu Oct 01, 2020 8:46 am

CR001,

Your valuable comment is expected?
Abg85 wrote:
Wed Sep 30, 2020 10:58 am
CR001,
How Cindy 666 has obtained visa extension? The immigration rules are very clear and my friend's application has rejected recently only because of the same reason.
Cindy666 wrote:
Mon Sep 28, 2020 7:49 pm
Hi Vinny and Abg85,

I just read the records of your communication about my case. Many thanks for your taking care of my situation. My details are:
MY Tier 2: 27 Aug 2015 - 31 Jan. 2018, my husband and my son got Tier 2 dependant: 07 Dec 2015 - 31 Jan. 2018. During this period, my son was with me in UK, my husband traveled to and stayed in the UK only max 30 days per year.
I changed my job position in 2017, so I changed my Tier 2 with 26 May 2017 - 14 Aug. 2020. Only my son was with me in the UK and got Tier 2 dependant of 26 May 2017 - 14 Aug. 2020. I did not provide any consent letter from my husband showing my sole responsibility.

As my working contract started from 24 Sep 2015, I have to extend my Tier 2 before apply to ILR (5 years Tier 2). My employer provided me a CoS so that I can apply to extend my Tier 2 from 15 Aug 2020 to 23 Sep. 2021. So I submitted Tier 2 extension application on 29 May 2020 for myself and my son. Unfortunately due to the COVID-19, I have not received any decision yet even I have waited 4 months.

Now I am eligible to apply ILR if my Tier 2 extension is approved. My son has got KoLL passed. Please let me know if my son is eligible to apply ILR with me? According to the previous communication with Vinny, Vinny suggested my son can apply ILR as I hold a sole responsibility raising up my son since I work in the UK. If so, what kind of supporting documents I have to provide along with application? Could we apply to the ILR now given the pending of current Tier 2 extension application?

If my son is not eligible to apply ILR with me, what kind of visa could he apply to? Again Tier 2 dependant? Should he apply to Tier 2 dependant separately?

vinny
Moderator
Posts: 32760
Joined: Tue Sep 25, 2007 7:58 pm

Re: Is my son eligible to apply to settle in the UK with me

Post by vinny » Fri Oct 02, 2020 5:37 am

Cindy666 wrote:
Mon Sep 28, 2020 7:49 pm
Now I am eligible to apply ILR if my Tier 2 extension is approved. My son has got KoLL passed. Please let me know if my son is eligible to apply ILR with me? According to the previous communication with Vinny, Vinny suggested my son can apply ILR as I hold a sole responsibility raising up my son since I work in the UK. If so, what kind of supporting documents I have to provide along with application? Could we apply to the ILR now given the pending of current Tier 2 extension application?
See also Sole responsibility, etc.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Cindy666
Newly Registered
Posts: 28
Joined: Fri Nov 22, 2019 12:38 pm
China

Re: Is my son eligible to apply to settle in the UK with me

Post by Cindy666 » Sat Oct 03, 2020 8:11 pm

Thanks Vinny.
Please may I ask if any of your solicitors would help apply ILRs for both myself and my son?

User avatar
CR001
Moderator
Posts: 86835
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Is my son eligible to apply to settle in the UK with me

Post by CR001 » Sat Oct 03, 2020 8:48 pm

Cindy666 wrote:
Sat Oct 03, 2020 8:11 pm
Thanks Vinny.
Please may I ask if any of your solicitors would help apply ILRs for both myself and my son?
We aren't solicitors, just volunteer members helping those with immigration queries. Members also cannot namr and recommend solicitors on the forum.

You would need to find one your re comfortable if you wish to use one.
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.

Cindy666
Newly Registered
Posts: 28
Joined: Fri Nov 22, 2019 12:38 pm
China

Re: Is my son eligible to apply to settle in the UK with me

Post by Cindy666 » Sat Oct 03, 2020 8:54 pm

Thanks CR001 for your response.
Your teams are great with the volunteer work. Really helpful for me.

Abg85
Newly Registered
Posts: 28
Joined: Sat Aug 29, 2020 9:11 am

Re: Is my son eligible to apply to settle in the UK with me

Post by Abg85 » Mon Oct 05, 2020 8:19 am

Cindy,

Exactly, as mentioned by CR001, In this forum we are getting reply/advice purely based on the immigration rules and as per my experience the recommendations/advises getting in this forum are almost 100% correct based on immigration rules. Normally getting dependent visa for child without valid visa for both parents are almost nil, but in your case they have already considered your case under the fact that your son is reaching 18,and the rejection may leads to family separation, sometimes you may be successful (But chances are very rare). Then your case will be the rearrest of the rare case. Anyway please update the outcome of your application.
Cindy666 wrote:
Sat Oct 03, 2020 8:54 pm
Thanks CR001 for your response.
Your teams are great with the volunteer work. Really helpful for me.

Cindy666
Newly Registered
Posts: 28
Joined: Fri Nov 22, 2019 12:38 pm
China

Re: Is my son eligible to apply to settle in the UK with me

Post by Cindy666 » Wed Oct 07, 2020 12:02 pm

Thanks for you all care about my case.
I am still waiting for the decision of the pending application and have not started applying to ILR. Yes, I will update you my progress in anyway.

Abg85
Newly Registered
Posts: 28
Joined: Sat Aug 29, 2020 9:11 am

Re: Is my son eligible to apply to settle in the UK with me

Post by Abg85 » Tue Nov 17, 2020 10:59 am

Cindy 666,

Any updates?
Cindy666 wrote:
Wed Oct 07, 2020 12:02 pm
Thanks for you all care about my case.
I am still waiting for the decision of the pending application and have not started applying to ILR. Yes, I will update you my progress in anyway.

Cindy666
Newly Registered
Posts: 28
Joined: Fri Nov 22, 2019 12:38 pm
China

Re: Is my son eligible to apply to settle in the UK with me

Post by Cindy666 » Sat Dec 05, 2020 11:49 am

Hi,

Sorry for the late response.

My HR said 5yr T2 should be accounted from my working contract (24 Sep. 2015), even my T2 visa is valid since 27 Aug. 2015. As my previous T2 was expired on 14 Aug. 2020, I applied T2 extension in May 2020 and just received my new Tier2 visa that has been extended to 1 Sep 2021. My son's T2 dependant visa also was successful.

I am now working on preparation for ILR application, still not sure if my son is eligible for ILR. He is 19 now and holds 5yr T2 dependant. He is now a Year 1 Undergraduate student in a Uni, no working experience.

According to the statement, see below
"Family members (dependants)
Your partner and children under 18 can apply on the same form as you if they’re eligible."

Still confused how to apply ILR for my son, in which path?

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Is my son eligible to apply to settle in the UK with me

Post by CULLINAN » Sat Dec 05, 2020 12:54 pm

You son who is 19 will apply on a separate SET(O). He will have to pass LIUK and English Requirements. Also, prove that he is not leading an independent life.

https://www.gov.uk/guidance/immigration ... ly-members

319J
319H-SD

Note: Your son’s application will only be successful when your ILR application is successful first.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Cindy666
Newly Registered
Posts: 28
Joined: Fri Nov 22, 2019 12:38 pm
China

Re: Is my son eligible to apply to settle in the UK with me

Post by Cindy666 » Sat Dec 05, 2020 1:59 pm

Hi Cullinan,

Thanks for your reply. Yes, my son has passed both the life in the uk and english for settlement exams.

Should we submit our applications at the same time, or should I first apply to ILR and then my son applies after I get ILR successful?

Note: my husband is not eligible to apply ILR at this moment. Considering this, is my son eligible for ILR? I know this question has been asked before, just wish to hear more suggestions.

Thanks.
Cindy.

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Is my son eligible to apply to settle in the UK with me

Post by CULLINAN » Sun Dec 06, 2020 11:10 am

It is already answered and my answer is the same.
Zimba wrote:
Fri Nov 22, 2019 3:05 pm
No. A PBS child dependent born outside the UK can only get ILR when both parents are granted ILR. He also must show that he is not living an independent life when that happens
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

vinny
Moderator
Posts: 32760
Joined: Tue Sep 25, 2007 7:58 pm

Re: Is my son eligible to apply to settle in the UK with me

Post by vinny » Sun Dec 06, 2020 12:15 pm

Cindy666 wrote:
Sat Dec 05, 2020 11:49 am
My son's T2 dependant visa also was successful.
In this case, I believe child may apply online in line with parent's ILR application under 319J, especially if they have now granted child's extension, without the other parent applying. Include evidence of sole responsibility, etc., as with extension application.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Is my son eligible to apply to settle in the UK with me

Post by CULLINAN » Sun Dec 06, 2020 1:51 pm

vinny wrote:
Sun Dec 06, 2020 12:15 pm
Cindy666 wrote:
Sat Dec 05, 2020 11:49 am
My son's T2 dependant visa also was successful.
In this case, I believe child may apply online in line with parent's ILR application under 319J, especially if they have now granted child's extension, without the other parent applying. Include evidence of sole responsibility, etc., as with extension application.
I am sorry I did not follow the full thread from the start i.e. you have sole responsibility. In case of sole responsibility follow as @Vinny has stated.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Cindy666
Newly Registered
Posts: 28
Joined: Fri Nov 22, 2019 12:38 pm
China

Re: Is my son eligible to apply to settle in the UK with me

Post by Cindy666 » Sun Dec 06, 2020 9:02 pm

vinny wrote:
Sun Dec 06, 2020 12:15 pm
Cindy666 wrote:
Sat Dec 05, 2020 11:49 am
My son's T2 dependant visa also was successful.
In this case, I believe child may apply online in line with parent's ILR application under 319J, especially if they have now granted child's extension, without the other parent applying. Include evidence of sole responsibility, etc., as with extension application.
Hi Vinny,

Thanks for tracking my case. I did not provide any evidence of sole responsibility when I applied T2 extension this time for myself and my son.
So you meant my son may apply ILR at the same time when I apply, but we need to apply separately, right? If my son's ILR application is rejected, but mine is successful, does my son's T2 dependant still valid to 1 Sep. 2021? Otherwise, how about my son's visa? This is my concern.

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Is my son eligible to apply to settle in the UK with me

Post by CULLINAN » Sun Dec 06, 2020 9:11 pm

Your son’s existing T2 Dep visa till Sep 2021 will still be valid even if his ILR is refused but yours is successful.
Your son will apply on a separate SET(O) as he is 18+. Only dependent children below 18 can be added in the same account.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Cindy666
Newly Registered
Posts: 28
Joined: Fri Nov 22, 2019 12:38 pm
China

Re: Is my son eligible to apply to settle in the UK with me

Post by Cindy666 » Sun Dec 06, 2020 9:18 pm

Hi Cullinan,

Thanks so much for the prompt response. Much appreciate your work on this.

Sorry, may I ask what SET(O) means? I am still doing research on 319J, H-SD.

Cindy

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: Is my son eligible to apply to settle in the UK with me

Post by CULLINAN » Sun Dec 06, 2020 9:19 pm

Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Cindy666
Newly Registered
Posts: 28
Joined: Fri Nov 22, 2019 12:38 pm
China

Re: Is my son eligible to apply to settle in the UK with me

Post by Cindy666 » Sun Dec 06, 2020 11:11 pm

Thanks, Cullinan. Now clear.

Cindy666
Newly Registered
Posts: 28
Joined: Fri Nov 22, 2019 12:38 pm
China

Re: Is my son eligible to apply to settle in the UK with me

Post by Cindy666 » Fri Mar 12, 2021 3:21 pm

Hi Vinny and all,

Just update you my case: Both my son and myself ILR applications have been successful. I would thank you for your supportive suggestions and the guidance you provided. Very useful.
And many thanks for your patient answering my tons of questions :-).

vinny
Moderator
Posts: 32760
Joined: Tue Sep 25, 2007 7:58 pm

Re: Is my son eligible to apply to settle in the UK with me

Post by vinny » Sat Mar 13, 2021 9:11 am

Congratulations! :D
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

stella123
Newly Registered
Posts: 20
Joined: Tue Oct 20, 2020 3:10 pm
Mood:
Singapore

Re: Is my son eligible to apply to settle in the UK with me

Post by stella123 » Sat May 01, 2021 6:37 pm

Dear Cindy,
I have similar application pending decision now.
Though it might not help my case, but would you mind to share your experience, for the benefits of others, what were the documents you submitted to support your child's application esepecially documents pointing to sole responsibility.
On another point, your husband's status, now is his visa still valid/is he present here in the UK?
thanks
stella

Locked
cron