Child Settlement Visa for younger brother

[naija99]

Clarification needed please - a British national sister applied for her 15yr old younger brother in west africa for a settlement visa. They both share same parents who are now deceased. Application refused but won on appeal.

Visa granted
Vignette states - Settlement Indefinite leave to enter
Visa letter - states he has been given leave to enter as settlement to join parents from 19.03.19 to 17.07.22
BRP states indefinite leave to enter

His passport expires on 17.07.22 so I presume that is why the letter also gives that date so the question is does he have to apply to renew his status before 17.07.22 or can he just wait for 5 years and apply for naturalisation?

[naija99]

Can anyone please advise?

[CR001]

He has been granted ILE, it expires when the passport does. The STATUS does not expire.

Children under 18 require 2 years residence to qualify and apply for citizenship.

Note if he chooses to wait 5 years, he will be unable to work or study further if he does not have get a BRP card once the passport and ILE vignette expires.

[naija99]

Thanks so much for the clarification CR001

[naija99]

CR001 please could you advise me in relation to the post

immigration-for-family-members/which-vi ... l#p1594832

Because the post is locked I’m unable to ask any further questions there but the case is similar of this one in that the child’s passport expires and that’s the reason why the visa expiry date is the same as the passport expiry date.

Would the same rule apply for her to apply to register as a British citizen. Her father is due to apply SET M next year October.

[CR001]

The topics that are old auto lock and won't be unlocked as they tend to clutter the forum and current topics when members persistently tag onto them.

The child in the other topic will need to follow the same route as the father and apply for ILR with a valid passport as the child holds a visa and not ILE. Note that children on a settlement visa do not require 5 years residence to apply for ILR if they entered the UK after their biological parent.

Child must be included on form SET M with father and can register as British when father does.

Note that the circumstances in the topic from last yeas is NOT the same as this one you started about ILE for a brother.

[naija99]

He has been granted ILE, it expires when the passport does. The STATUS does not expire.

Children under 18 require 2 years residence to qualify and apply for citizenship.

Note if he chooses to wait 5 years, he will be unable to work or study further if he does not have get a BRP card once the passport and ILE vignette expires.

He will be 19 in two years so will he complete form AN for naturalisation?

[naija99]

CR001
what happens when the child waits 5 years but the passport and BRP expires but the status has not expired? Which form would they use?

?

He has been granted ILE, it expires when the passport does. The STATUS does not expire.

Children under 18 require 2 years residence to qualify and apply for citizenship.

Note if he chooses to wait 5 years, he will be unable to work or study further if he does not have get a BRP card once the passport and ILE vignette expires.

[naija99]

The topics that are old auto lock and won't be unlocked as they tend to clutter the forum and current topics when members persistently tag onto them.

The child in the other topic will need to follow the same route as the father and apply for ILR with a valid passport as the child holds a visa and not ILE. Note that children on a settlement visa do not require 5 years residence to apply for ILR if they entered the UK after their biological parent.

Child must be included on form SET M with father and can register as British when father does.

Note that the circumstances in the topic from last yeas is NOT the same as this one you started about ILE for a brother.

Thanks again CR001 for the clarification

[CR001]

He has been granted ILE, it expires when the passport does. The STATUS does not expire.

Children under 18 require 2 years residence to qualify and apply for citizenship.

Note if he chooses to wait 5 years, he will be unable to work or study further if he does not have get a BRP card once the passport and ILE vignette expires.

He will be 19 in two years so will he complete form AN for naturalisation?

You stated in your first post in this thread that the brother was 15??

If over 18, then yes, 5 years residence is required.

[CR001]

CR001
what happens when the child waits 5 years but the passport and BRP expires but the status has not expired? Which form would they use?

?

He has been granted ILE, it expires when the passport does. The STATUS does not expire.

Children under 18 require 2 years residence to qualify and apply for citizenship.

Note if he chooses to wait 5 years, he will be unable to work or study further if he does not have get a BRP card once the passport and ILE vignette expires.

Form AN to naturalise as British as an adult.

[naija99]

That’s correct CR001, he’s fifteen now.
So what form is used to transfer the ILE into a new passport if he has turned 19 are not applying for naturalisation?

[quote=naija99 post_id=<a href="tel:1776536">1776536</a> time=<a href="tel:1556982762">1556982762</a> user_id=74041]
[quote=CR001 post_id=<a href="tel:1776516">1776516</a> time=<a href="tel:1556980698">1556980698</a> user_id=70994]
He has been granted ILE, it expires when the passport does. The STATUS does not expire.

Children under 18 require 2 years residence to qualify and apply for citizenship.

Note if he chooses to wait 5 years, he will be unable to work or study further if he does not have get a BRP card once the passport and ILE vignette expires.

He will be 19 in two years so will he complete form AN for naturalisation?
[/quote]
You stated in your first post in this thread that the brother was 15??

If over 18, then yes, 5 years residence is required.
[/quote]

[CR001]

That’s correct CR001, he’s fifteen now.
So what form is used to transfer the ILE into a new passport if he has turned 19 are not applying for naturalisation?

Form NTL.

He only requires 2 years residence on ILE before he can apply for citizenship if he is under 18 at that point. This will mean he does not need the LIUK or English B1 test. There will be no need to apply for a BRP ILE(R) then if he applies for citizenship.

[naija99]

The topics that are old auto lock and won't be unlocked as they tend to clutter the forum and current topics when members persistently tag onto them.

The child in the other topic will need to follow the same route as the father and apply for ILR with a valid passport as the child holds a visa and not ILE. Note that children on a settlement visa do not require 5 years residence to apply for ILR if they entered the UK after their biological parent.

Child must be included on form SET M with father and can register as British when father does.

Note that the circumstances in the topic from last yeas is NOT the same as this one you started about ILE for a brother.

Last question CR001, if the parent fails to pass the life in UK test, can the child pass the test and still be granted ILR under SET M?

[CR001]

The topics that are old auto lock and won't be unlocked as they tend to clutter the forum and current topics when members persistently tag onto them.

The child in the other topic will need to follow the same route as the father and apply for ILR with a valid passport as the child holds a visa and not ILE. Note that children on a settlement visa do not require 5 years residence to apply for ILR if they entered the UK after their biological parent.

Child must be included on form SET M with father and can register as British when father does.

Note that the circumstances in the topic from last yeas is NOT the same as this one you started about ILE for a brother.

Last question CR001, if the parent fails to pass the life in UK test, can the child pass the test and still be granted ILR under SET M?

Children under 18 are NOT required to do LIUK or meet the English requirement. If the father does not apply for ILR, the child cannot apply either. Child will only qualify for ILR when the father does.

[naija99]

The topics that are old auto lock and won't be unlocked as they tend to clutter the forum and current topics when members persistently tag onto them.

The child in the other topic will need to follow the same route as the father and apply for ILR with a valid passport as the child holds a visa and not ILE. Note that children on a settlement visa do not require 5 years residence to apply for ILR if they entered the UK after their biological parent.

Child must be included on form SET M with father and can register as British when father does.

Note that the circumstances in the topic from last yeas is NOT the same as this one you started about ILE for a brother.

Last question CR001, if the parent fails to pass the life in UK test, can the child pass the test and still be granted ILR under SET M?

Children under 18 are NOT required to do LIUK or meet the English requirement. If the father does not apply for ILR, the child cannot apply either. Child will only qualify for ILR when the father does.

thanks CR001 but She will turn 18 just before they apply SET M
can she still be included in the form?
Does she have to do LIUK?

[CR001]

The topics that are old auto lock and won't be unlocked as they tend to clutter the forum and current topics when members persistently tag onto them.

The child in the other topic will need to follow the same route as the father and apply for ILR with a valid passport as the child holds a visa and not ILE. Note that children on a settlement visa do not require 5 years residence to apply for ILR if they entered the UK after their biological parent.

Child must be included on form SET M with father and can register as British when father does.

Note that the circumstances in the topic from last yeas is NOT the same as this one you started about ILE for a brother.

Last question CR001, if the parent fails to pass the life in UK test, can the child pass the test and still be granted ILR under SET M?

Children under 18 are NOT required to do LIUK or meet the English requirement. If the father does not apply for ILR, the child cannot apply either. Child will only qualify for ILR when the father does.

thanks CR001 but She will turn 18 just before they apply SET M
can she still be included in the form? Yes
Does she have to do LIUK? No. She will only need English B1 and LIUK once she turns 18 and then applies. Before turning 18 she is exempt.

[naija99]

Thanks CR001 so just for clarification...
She will turn 18 December 2019
They will apply SET M October 2020
So if the parent doesn’t pass his LIUK test does that prevent her from applying?
Would they just apply for an extension on FLR M until such time that the parent passes the test?

[CR001]

She will turn 18 December 2019
They will apply SET M October 2020

Sorry misread previously. She can still apply with her father even if she is 18. She will need LIUK and English B1 etc.

So if the parent doesn’t pass his LIUK test does that prevent her from applying?

She cannot apply for ILR without her father, the rules don't permit this. She qualifies for ILR when her father does.

Would they just apply for an extension on FLR M until such time that the parent passes the test?

Yes. Note that IHS has doubled this year to £1000 per person for a 2.5 year extension plus the visa fee each.

[naija99]

Thanks CR001
That’s much clearer now.
Although in October 2020 if they’re not applying for ILR, then parent will apply FLR M alone because daughter still has leave until July 2021. Maybe by that time parent will be able to pass LIUK. Otherwise she’ll have to keep extending until parent is able.

Thanks again for your time CR001.