ILR (LR) Child application

[sham_neel]

My child arrived in the UK in May 2011 when she 7 year old. She will complete 10 years stay lawfully in April 2021 as ICT dependent and studying in A-Level. She will be 17 years and 4 months old at the time of the ILR application.

I have another daughter who came to the UK in May 2011 when she was 11 months old. Now she will complete 10 years stay lawfully in April 2021. She will be around 11 years old at the time of the ILR application.

Can they apply ILR 10-year route (long residence) as a child of under age 18 along with their parent?

[CULLINAN]

SET(LR) does not allow to add dependents. Everyone qualifies on their own merits.

https://assets.publishing.service.gov.u ... 6.0ext.pdf

[sham_neel]

Can child apply for ILR LR as an individual applicant if they have completed 10 years as ICT dependent? I mean, Is ILR LR applicable for a child under age 18?

Child one - Entered in the UK at the age of 7 and completed 10 years legally. Age will be 17 years 4 months at the time of application and full-time study in A-Level.

Child two - Entered in the UK at the age of 11 months and completed 10 years legally. Age will be 11 years at the time of application.

[CR001]

Can child apply for ILR LR as an individual applicant if they have completed 10 years as ICT dependent? I mean, Is ILR LR applicable for a child under age 18?

Yes they can!!

[ajitu92]

Adding to above comments...you will need to apply for each one of them separately i.e. 2 applications, 1 for each child.

[sham_neel]

Thanks all for quick guidance and help.

I hope that I will choose the Long residence below link for application on the Set(F).

https://www.gov.uk/long-residence/apply-to-settle

[CR001]

It is SET LR for 10 years long residence applications, not SET F.

[sham_neel]

My hearty thanks everyone. This is really helped me and clarified my doubts.

As I mentioned earlier, I am eligible for 10-year long residence now. However, my dependent family (spouse and two kids) are eligible after 3 months in April 2021. What is the best option for a faster decision?

Option 1: All applicant (main ICT applicant, spouse and 2 kid) can apply ILR in April 2021 and mention reference of the entire family applications in the cover letter in each application. The caseworker may link all applicant easily due to the same set of documents and may give decision faster.

Option 2: Main ICT applicant can apply ILR now and dependents (spouse and 2 kid) can apply in April 2021 as there are no benefits of option 1 and the main applicant will loose 3 months.

[CR001]

Ther is no "faster decision" process.

EACH person applying must meet the requirements INDIVIDUALLY when they qualify to apply. Each application is separate and independent.

[sham_neel]

Thank you very much all for your kind guidance and help. I will do the needful as guided.

I will seek further help in case of any query in the coming weeks.

[ajitu92]

My hearty thanks everyone. This is really helped me and clarified my doubts.

As I mentioned earlier, I am eligible for 10-year long residence now. However, my dependent family (spouse and two kids) are eligible after 3 months in April 2021. What is the best option for a faster decision?

Option 1: All applicant (main ICT applicant, spouse and 2 kid) can apply ILR in April 2021 and mention reference of the entire family applications in the cover letter in each application. The caseworker may link all applicant easily due to the same set of documents and may give decision faster.

Option 2: Main ICT applicant can apply ILR now and dependents (spouse and 2 kid) can apply in April 2021 as there are no benefits of option 1 and the main applicant will loose 3 months.

Option 2. Option 1 has no benefits/merits whatsoever.

[sham_neel]

Solicitor suggested that for your children under 18 years, will submit an application for settlement under para 298 of the Immigration Rules ( https://www.gov.uk/guidance/immigration ... ly-members).

Is it possible to submit child ILR application under para 298 (SET(F)) next day after applying ILR LR of both parents day before?

Which one is the best application category for applying ILR for children?

[vinny]

298(i) fails, until both parents have ILR.

[sham_neel]

Thanks Vinny.

Solicitor mentioned that he will request the Home Office to hold children applications until parents ILR applications were decided. Is it possible and safe?

My kids are completing 10 years and both are under 18 years (17 and 11 years old). Is the ILR LR best & safe and only option for the children if both parents do not have ILR status and will also apply ILR LR at the same time?

[sham_neel]

Please advise on the above query.

[sham_neel]

Hi Guru,
Can I request you to advise on the above query?

[zimba]

Long residence SET(LR) has nothing to do with the status of the parents as it requires them to have 10 years of lawful residence on their own. SET(F) however requires both parents to be settled unless it will be refused.

[sham_neel]

Thanks, Zimba and Gurus.

I will apply ILR LR for my kids under 18. My hearty thank you all for clarifying my queries.

[sham_neel]

I have gone through the document mentioned in the below link shared by respected Guru Cullinan.

https://assets.publishing.service.gov.u ... 6.0ext.pdf

Under refusal wording on page 43, below is mentioned in the section "Applicant does not satisfy the knowledge of life requirement".

"In view of [...], the Secretary of State is not
satisfied that you have sufficient knowledge
of the English language and sufficient
knowledge about life in the United Kingdom
or that you are under the age of 18 or aged
65 or over at the time you made your application."

Does it mean, children under 18 will refuse under this clause even children are studying in the UK from the last 10 year? Can you please please clarify it?

[CR001]

Children under 18 do NOT need to meet the English requirment.

You are overthinking this process entirely!!

[sham_neel]

Thank you very much!

The highlighted wording confused me. Hence I raised a query for your expert advice which is always helpful.

So, this clause does not apply to a child under 18 and safe to apply ILR long residence for children.

[CR001]

The clause means that under 18 and over 65 are exempt from meeting the English requirements.

[sham_neel]

Thank you very much for clarifying this technical language.

[sham_neel]

For ICT applicant, Is employer letter needed for out of UK country visit for long residence like 5 year ILR? Is it better to load or not needed at all?

[CR001]

For ICT applicant, Is employer letter needed for out of UK country visit for long residence like 5 year ILR? Is it better to load or not needed at all?

No, not needed. Don't submit unnecessary documents.

Also don't confuse the rules and requirements between 5 year and 10 year ilr. They are separate and different.