Immigrationboards.com

Hello moderators

I am about to make an application for both myself and my son but a bit confused about the requirements

For myself, I am on a Tier 4 student visa due to expire in jan 2021 and have lived in the UK since 2009. Some confusion on various websites and would like to clarify

1) Is it possible to apply for ILR under long residence (10 year) while holding a Tier 4 student visa and using the form SET(LR), provided all other requirements i.e continuous residence, absences, Life in the UK test are met

For my son who is 11 years old, he is a dependant on my Tier 4 student visa, however there are breaks in his continous residence, so we have had to wait for him to make up the time spent abroad before submitting an application

Please see his migration history:

He was born in Ghana on 7/12/2008
First entry to the UK on 01/02/2009,
Lived in Ghana for about 10 months at a stretch 20/01/2010 - 09/11/2010, breaking the continuous leave in UK.
Returned to UK in November 2010 and has been in the UK till date with an absence of 153 days outside the country

A few queries on the application process?

2) Is it correct to use SET (LR) for his long residence application as a minor ? He is on track to make up the required 10 years continous residence

3) Can I make my own application first and if successful proceed to submit his own? Or must we both apply at the same time since he is my dependant?

4) If I apply first, does it reset my son's clock to zero

5)If I apply first, does it invalidate/curtail son's student dependant visa?

6) On the application form where it was asked '' When did you first enter the UK?'', is it correct that to include the date of entry that make up 10 years i.e starting from November 2010 rather than first entry date in february 2009?

7) On the application form, where it asks ''How long have you lived in the UK?'', do I include the period from November 2010 and ignore any prior time spent?

I and my son live in the UK whilst my husband stays abroad. In terms of the consent form for the application, is it correct to indicate I have sole respinsibility when signing this document or is my husband's signature necessary?

Thank you so much for taking the time out to respond. It is appreciated

1) Is it possible to apply for ILR under long residence (10 year) while holding a Tier 4 student visa and using the form SET(LR), provided all other requirements i.e continuous residence, absences, Life in the UK test are met

All visas count for long residence ILR.

2) Is it correct to use SET (LR) for his long residence application as a minor ? He is on track to make up the required 10 years continous residence

Yes, he must meet all the requirements on his own.

3) Can I make my own application first and if successful proceed to submit his own? Or must we both apply at the same time since he is my dependant?

Makes no difference. There is no 'dependent' concept for SET(LR). Each person applying must meet the requirements individually.

4) If I apply first, does it reset my son's clock to zero

No.

5)If I apply first, does it invalidate/curtail son's student dependant visa?

No, as long as he doesn't travel out of the UK and makes his application when he meets the requirements, i.e. within 28 days before 10th November 2020 based on the dates you posted. He doesn't qualify now if that makes sense.

6) On the application form where it was asked '' When did you first enter the UK?'', is it correct that to include the date of entry that make up 10 years i.e starting from November 2010 rather than first entry date in february 2009?

The question is pretty clear. It is asking for the date you entered the UK and NOT for the date your application is based on.

7) On the application form, where it asks ''How long have you lived in the UK?'', do I include the period from November 2010 and ignore any prior time spent?

These are not trick questions. Answer them honestly. Note, your son does not yet qualify for ILR.

I and my son live in the UK whilst my husband stays abroad. In terms of the consent form for the application, is it correct to indicate I have sole respinsibility when signing this document or is my husband's signature necessary?

Sole responsibility is something specific, usually a court order or official document, which you likely don't have as you are still married.

https://www.immigrationboards.com/immig ... 13087.html

Thank you for your quick response.

I have read the attached documents on sole responsibility however I need further clarification so all questions in application form is answered correctly

As mentioned earlier, I am married and my husband is an active parent. However, as my husband is abroad, I have been responsible for all his care in the UK. Based on your answer:

''Sole responsibility is something specific, usually a court order or official document, which you likely don't have as you are still married'', does it mean that I cannot claim to have sole responsibility for my child?

Thank you so much for taking the time out to respond.