ILR application for dependent children over 18
Posted: Thu Jan 09, 2020 2:38 pm
Hi
I am a UK citizen from birth and my wife will be eligible for ILR soon following 5 years of UK residence on a spouse visa. Her children (my stepchildren) have CHILD APP FM(STANDARD) visas with my wife's name in their passport. They received this 1 year ago following an appeal process that lasted over a year before they were granted the visa. I understand the children can apply for ILR on the same application but was concerned by a conversation I had with the UKVI contact line who said I should seek immigration advice. The 2 children are now 18 and 20. The leave to remain visa was applied for before both turned 18 and they would have been under 18 if the visa had not been initially refused. However, I am very concerned now that it says:
You can only include older children in your application if they both:
were under 18 when they got permission to be in the UK as your dependant were under 18 when they got permission to be in the UK as your dependant
we pass all the other financial requirements, life in uk and English language test etc.
I was wondering if anyone knows the correct rules about this?
From what I understand this is the relevant rule and they were admitted under Appendix FM
(vii) if aged 18 or over, was admitted to the United Kingdom under paragraph 302, or Appendix FM, or 319R or 319X and has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom in accordance with Appendix KoLL.
I am a UK citizen from birth and my wife will be eligible for ILR soon following 5 years of UK residence on a spouse visa. Her children (my stepchildren) have CHILD APP FM(STANDARD) visas with my wife's name in their passport. They received this 1 year ago following an appeal process that lasted over a year before they were granted the visa. I understand the children can apply for ILR on the same application but was concerned by a conversation I had with the UKVI contact line who said I should seek immigration advice. The 2 children are now 18 and 20. The leave to remain visa was applied for before both turned 18 and they would have been under 18 if the visa had not been initially refused. However, I am very concerned now that it says:
You can only include older children in your application if they both:
were under 18 when they got permission to be in the UK as your dependant were under 18 when they got permission to be in the UK as your dependant
we pass all the other financial requirements, life in uk and English language test etc.
I was wondering if anyone knows the correct rules about this?
From what I understand this is the relevant rule and they were admitted under Appendix FM
(vii) if aged 18 or over, was admitted to the United Kingdom under paragraph 302, or Appendix FM, or 319R or 319X and has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom in accordance with Appendix KoLL.