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ILR application for children (1 parent ILR, another parent filing for ILR (LR))

Posted: Fri Apr 26, 2024 1:09 pm
by jakino
Hello!

I'm currently in the process of filing for ILR (LR). My spouse already had his ILR approved last year (5-year route) and just recently filed for his naturalisation. Our two children have always been on dependent child visa (first with me as the main migrant then eventually we all transferred to my spouse's visa as his dependents). They are still with us here in the UK, studying and both under 18yo.

I don't see any option to add my children to my ILR application. What form should be filled up for them? Is my understanding correct that I can file their ILR application together with mine?

Thanks in advance!

Re: ILR application for children (1 parent ILR, another parent filing for ILR (LR))

Posted: Fri Apr 26, 2024 1:33 pm
by zimba
Under the long residence, you can only apply on your own and must qualify independently. Your relationship/family does NOT matter and they cannot be included. Children can settle later on using form SET(F)

Re: ILR application for children (1 parent ILR, another parent filing for ILR (LR))

Posted: Fri Apr 26, 2024 2:37 pm
by jakino
Thanks zimba for the reply. It makes more sense now that I need to fill up two different application forms. I also just found this note from the family-visa guidance:
If your parent or relative is applying for settlement

They may be able to include you on their application instead.

If they’ve already applied for settlement and they do not have a decision yet, you can apply as a child separately.

If they are applying to settle as a partner or parent on the 10 year route then you must apply separately.

Re: ILR application for children (1 parent ILR, another parent filing for ILR (LR))

Posted: Fri Apr 26, 2024 3:59 pm
by zimba
FYI That is NOT referring to the long residence route :!:
10 Year partner/parent route is a separate route on its own

Re: ILR application for children (1 parent ILR, another parent filing for ILR (LR))

Posted: Mon Apr 29, 2024 2:55 pm
by jakino
Thanks again, zimba. I didn't realise there was another 10-year route. I reviewed the guidance again and found the ILR guidance on child dependant on work visa is what applies to them. Their current child visa is from the work visa of their father (who's now settled). So it's ILR(LR) for me and SET(F) for the kids. They will be, of course, filed separately. Hopefully my last question, they can be filed at the same time I'm eligible for settlement, right?

Re: ILR application for children (1 parent ILR, another parent filing for ILR (LR))

Posted: Mon Apr 29, 2024 4:46 pm
by vinny
Yes, they simplified the rules by having multiple complex ten year routes.

Re: ILR application for children (1 parent ILR, another parent filing for ILR (LR))

Posted: Mon Apr 29, 2024 4:47 pm
by zimba
Yes. However, their application can only succeed after you are settled. So there is no rush to apply for them at the same time