Help with daughters ILR application
Posted: Wed Sep 27, 2023 9:34 pm
Hi all,
Sorry for the long email
My husband is on ILR. My daughter and myself both on dependent visa (Valid until feb 2024). We both completed 10years legal stay in February this year. I made my application first for ILR on super priority and got approved same day. After few days we made a seperate application only for my daughter on standard route. We choose the type of application as Child settlement as she completed 10years legally in the UK. We also provided my husband ILR brp number and his passport details in the application. We received below email, would really appreciate if some one could please help
'' Thank you for your recent application for Settlement in the UK.
Your application has been made using a Settlement – Family Life application form, which is considered in accordance with criteria laid out in Appendix Settlement Family Life which can be viewed at:
Immigration Rules – Immigration Rules Appendix Settlement Family Life – Guidance – GOV.UK (www.gov.uk)
However, your immigration history shows that you are not applying as the child of a person (P) who:
(i) has made a valid application for settlement in the UK as a partner or parent based on a 10 year qualifying period, and that application has not been decided; or
(ii) is settled or has become a British citizen, providing P had permission as a partner or parent based on a 10 year qualifying period when P settled.
This is in line with the validity requirements of Appendix Settlement Family Life which state:
Validity requirements for settlement as a dependent child of a partner or parent based on a qualifying period of 10 years
SETF 10.1. A child who is applying for settlement on this route must apply online on the gov.uk website on the specified form as follows: “Settlement as a Child (including a child aged over 18 already in the UK as a dependent)”.
SETF 10.2. An application for settlement must meet all the following requirements:
(a) any fee must have been paid; and
(b) the applicant must have provided any required biometrics; and
(c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
(d) the applicant must be in the UK, and
(e) the applicant must be applying as the child of a person (P) who:
(i) has made a valid application for settlement in the UK as a partner or parent based on a 10 year qualifying period, and that application has not been decided; or
(ii) is settled or has become a British citizen, providing P had permission as a partner or parent based on a 10 year qualifying period when P settled.
SETF 10.3. The applicant must have, or have last had, permission to stay in the UK as a dependent child, unless they were born in the UK.
SETF 10.4. An application which does not meet all the validity requirements for settlement is invalid and may be rejected and not considered.
Accordingly, we would like to give you the opportunity to review your application. If after you have reviewed your application, you choose to submit a further application on another route, please advise us as soon as possible and this will be treated as a variation.
Please could you respond with your decision to: @homeoffice.gov.uk – FAO , Livset 2
Please note, if you wish to vary (change) your application, you will need to submit the correct application for route you wish to apply for within 14 days, pay the application fee, and resubmit your supporting documents.
If you choose not to have your Settlement application varied or do not reply within 14 days of the date of this notification, your application may be rejected as invalid under the validity requirements above and will not be considered.
If you require further advice about your eligibility under the Immigration Rules, visit our website at www.gov.uk/uk-visas-immigration.
If you are unclear about your choices, you are strongly urged to consult with an accredited Immigration Adviser for further guidance.''
Once again, sorry for this long email. Please suggest us what is the best option
Kind regards
Vishali
Sorry for the long email
My husband is on ILR. My daughter and myself both on dependent visa (Valid until feb 2024). We both completed 10years legal stay in February this year. I made my application first for ILR on super priority and got approved same day. After few days we made a seperate application only for my daughter on standard route. We choose the type of application as Child settlement as she completed 10years legally in the UK. We also provided my husband ILR brp number and his passport details in the application. We received below email, would really appreciate if some one could please help
'' Thank you for your recent application for Settlement in the UK.
Your application has been made using a Settlement – Family Life application form, which is considered in accordance with criteria laid out in Appendix Settlement Family Life which can be viewed at:
Immigration Rules – Immigration Rules Appendix Settlement Family Life – Guidance – GOV.UK (www.gov.uk)
However, your immigration history shows that you are not applying as the child of a person (P) who:
(i) has made a valid application for settlement in the UK as a partner or parent based on a 10 year qualifying period, and that application has not been decided; or
(ii) is settled or has become a British citizen, providing P had permission as a partner or parent based on a 10 year qualifying period when P settled.
This is in line with the validity requirements of Appendix Settlement Family Life which state:
Validity requirements for settlement as a dependent child of a partner or parent based on a qualifying period of 10 years
SETF 10.1. A child who is applying for settlement on this route must apply online on the gov.uk website on the specified form as follows: “Settlement as a Child (including a child aged over 18 already in the UK as a dependent)”.
SETF 10.2. An application for settlement must meet all the following requirements:
(a) any fee must have been paid; and
(b) the applicant must have provided any required biometrics; and
(c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
(d) the applicant must be in the UK, and
(e) the applicant must be applying as the child of a person (P) who:
(i) has made a valid application for settlement in the UK as a partner or parent based on a 10 year qualifying period, and that application has not been decided; or
(ii) is settled or has become a British citizen, providing P had permission as a partner or parent based on a 10 year qualifying period when P settled.
SETF 10.3. The applicant must have, or have last had, permission to stay in the UK as a dependent child, unless they were born in the UK.
SETF 10.4. An application which does not meet all the validity requirements for settlement is invalid and may be rejected and not considered.
Accordingly, we would like to give you the opportunity to review your application. If after you have reviewed your application, you choose to submit a further application on another route, please advise us as soon as possible and this will be treated as a variation.
Please could you respond with your decision to: @homeoffice.gov.uk – FAO , Livset 2
Please note, if you wish to vary (change) your application, you will need to submit the correct application for route you wish to apply for within 14 days, pay the application fee, and resubmit your supporting documents.
If you choose not to have your Settlement application varied or do not reply within 14 days of the date of this notification, your application may be rejected as invalid under the validity requirements above and will not be considered.
If you require further advice about your eligibility under the Immigration Rules, visit our website at www.gov.uk/uk-visas-immigration.
If you are unclear about your choices, you are strongly urged to consult with an accredited Immigration Adviser for further guidance.''
Once again, sorry for this long email. Please suggest us what is the best option
Kind regards
Vishali
