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319J. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain under this route, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the child of a parent who has, or is at the same time being granted, indefinite leave to remain as:
(i) a Relevant Points Based System Migrant or Appendix W Worker, or
(ii) the partner of a Relevant Points Based System Migrant or Appendix W Worker.
(c) The applicant must have, or have last been granted, leave as the child of or have been born in the United Kingdom to, the Relevant Points Based System Migrant or Appendix W Worker, or the partner of a Relevant Points Based System Migrant or Appendix W Worker who is being granted indefinite leave to remain.
(d) The applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life, and if he is over the age of 16 on the date the application is made, he must provide the specified documents and information in paragraph 319H-SD to show that this requirement is met.
(e) Both of an applicant’s parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless:
(i) The Relevant Points Based System Migrant or Appendix W Worker is the applicant’s sole surviving parent, or
(ii) The Relevant Points Based System Migrant or Appendix W Worker parent has and has had sole responsibility for the applicant’s upbringing, or
(iii) there are serious and compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant’s care, or
(iv) One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant, and the applicant was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.
(f) The applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL, unless he is under the age of 18 at the date on which the application is made.
(g) If the applicant is a child born in the UK to a Relevant Points Based System migrant or Appendix W Worker and their partner, the applicant must provide a full UK birth certificate showing the names of both parents.
(h) All arrangements for the child’s care and accommodation in the UK must comply with relevant UK legislation and regulations.
(i) The applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.

Zimba wrote: ↑

Mon Aug 22, 2022 11:55 am

The advice given is based on immigration rules part 8, paragraph 319J(e):

319J. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain under this route, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the child of a parent who has, or is at the same time being granted, indefinite leave to remain as:
(i) a Relevant Points Based System Migrant or Appendix W Worker, or
(ii) the partner of a Relevant Points Based System Migrant or Appendix W Worker.
(c) The applicant must have, or have last been granted, leave as the child of or have been born in the United Kingdom to, the Relevant Points Based System Migrant or Appendix W Worker, or the partner of a Relevant Points Based System Migrant or Appendix W Worker who is being granted indefinite leave to remain.
(d) The applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life, and if he is over the age of 16 on the date the application is made, he must provide the specified documents and information in paragraph 319H-SD to show that this requirement is met.
(e) Both of an applicant’s parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless:
(i) The Relevant Points Based System Migrant or Appendix W Worker is the applicant’s sole surviving parent, or
(ii) The Relevant Points Based System Migrant or Appendix W Worker parent has and has had sole responsibility for the applicant’s upbringing, or
(iii) there are serious and compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant’s care, or
(iv) One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant, and the applicant was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.
(f) The applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL, unless he is under the age of 18 at the date on which the application is made.
(g) If the applicant is a child born in the UK to a Relevant Points Based System migrant or Appendix W Worker and their partner, the applicant must provide a full UK birth certificate showing the names of both parents.
(h) All arrangements for the child’s care and accommodation in the UK must comply with relevant UK legislation and regulations.
(i) The applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.

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

Zimba wrote: ↑

Mon Aug 22, 2022 6:49 pm

Apply using form SET(O), include the child. You need your BRP, LIUK pass, English language pass at Level B1 and cohabitation documents for the last two years. That is all

Zimba wrote: ↑

Wed Aug 31, 2022 9:20 am

You are mixing things up with the family route. There is no income or financial requirement to qualify for ILR for Tier 1E PBS dependants.
You can use NARIC as before. 30 hours child care is NOT public funds.

Ticktack wrote: ↑

Wed Aug 31, 2022 10:02 am

Zimba wrote: ↑

Wed Aug 31, 2022 9:20 am

You are mixing things up with the family route. There is no income or financial requirement to qualify for ILR for Tier 1E PBS dependants.
You can use NARIC as before. 30 hours child care is NOT public funds.

30 hours free childcare "IS" public funds.

Your immigration status
To be eligible for 30 hours free childcare, you (or your partner if you have one) must have a National Insurance number and at least one of the following:

British or Irish citizenship
settled or pre-settled status, or you have applied and you’re waiting for a decision
permission to access public funds - your UK residence card will tell you if you cannot do this

Striker007 wrote: ↑

Wed Aug 31, 2022 10:34 am

Thanks Zimba for your reply as well.
SORRY as i said i am little confused with income requirement but can u plz share a link for Teir 1 E PBS DEPENDENT ILR income requirement ? I woupd be very thankful to u.

Striker007 wrote: ↑

Wed Aug 31, 2022 10:34 am

Ticktack wrote: ↑

Wed Aug 31, 2022 10:02 am

Zimba wrote: ↑

Wed Aug 31, 2022 9:20 am

You are mixing things up with the family route. There is no income or financial requirement to qualify for ILR for Tier 1E PBS dependants.
You can use NARIC as before. 30 hours child care is NOT public funds.

30 hours free childcare "IS" public funds.

Your immigration status
To be eligible for 30 hours free childcare, you (or your partner if you have one) must have a National Insurance number and at least one of the following:

British or Irish citizenship
settled or pre-settled status, or you have applied and you’re waiting for a decision
permission to access public funds - your UK residence card will tell you if you cannot do this

Thanks for reply.
When i checked Public funds on Gov.uk website it does not include 30 hours childfree care.
My husband got ILR last year & we checked our sons eligibility for 30 hours. Thats y its bit confusing.

Thanks Zimba for your reply as well.
SORRY as i said i am little confused with income requirement but can u plz share a link for Teir 1 E PBS DEPENDENT ILR income requirement ? I woupd be very thankful to u.

CR001 wrote: ↑

Wed Aug 31, 2022 10:45 am

Striker007 wrote: ↑

Wed Aug 31, 2022 10:34 am

Thanks Zimba for your reply as well.
SORRY as i said i am little confused with income requirement but can u plz share a link for Teir 1 E PBS DEPENDENT ILR income requirement ? I woupd be very thankful to u.

There is NO income requirement for Tier 1 Dependent applying for ILR!

Striker007 wrote: ↑

Wed Aug 31, 2022 10:34 am

Thanks for reply.
When i checked Public funds on Gov.uk website it does not include 30 hours childfree care.
My husband got ILR last year & we checked our sons eligibility for 30 hours. Thats y its bit confusing.

Thanks Zimba for your reply as well.
SORRY as i said i am little confused with income requirement but can u plz share a link for Teir 1 E PBS DEPENDENT ILR income requirement ? I woupd be very thankful to u.

Zimba wrote: ↑

Wed Aug 31, 2022 1:04 pm

Striker007 wrote: ↑

Wed Aug 31, 2022 10:34 am

Thanks for reply.
When i checked Public funds on Gov.uk website it does not include 30 hours childfree care.
My husband got ILR last year & we checked our sons eligibility for 30 hours. Thats y its bit confusing.

Thanks Zimba for your reply as well.
SORRY as i said i am little confused with income requirement but can u plz share a link for Teir 1 E PBS DEPENDENT ILR income requirement ? I woupd be very thankful to u.

Regarding the child care: claiming-benefits/age-3-4-15-hour-nurse ... l#p1821695

Striker007 wrote: ↑

Wed Aug 31, 2022 1:50 pm

Thanks Zimba.
Lastly how much is fee for B1 english test?

CR001 wrote: ↑

Wed Aug 31, 2022 1:52 pm

Striker007 wrote: ↑

Wed Aug 31, 2022 1:50 pm

Thanks Zimba.
Lastly how much is fee for B1 english test?

About £150

CR001 wrote: ↑

Wed Sep 28, 2022 4:57 pm

Set O is the one you use.

Set M is for a completely different visa category to yours.

Striker007 wrote: ↑

Thu Oct 06, 2022 6:44 am

Hello Everyone,

I am PBS Dependent and completing SET O form for ILR, I had come across following question

"Have you had any absences from the UK during any leave granted since 11 January 2018?
(Required)"

I was out of country from 9th December 2017 and returned on 21st January, so Do I have to add this as my absence ?

Kindly advise

Thanks

AmazonianX wrote: ↑

Thu Oct 06, 2022 7:23 am

Striker007 wrote: ↑

Thu Oct 06, 2022 6:44 am

Hello Everyone,

I am PBS Dependent and completing SET O form for ILR, I had come across following question

"Have you had any absences from the UK during any leave granted since 11 January 2018?
(Required)"

I was out of country from 9th December 2017 and returned on 21st January, so Do I have to add this as my absence ?

Kindly advise

Thanks

It's is for leave granted from 11th January 2018 I.e. any absence for a leave or extension granted from the stated date. Will presume does not apply to you.