adult dependent child apply ILR?

[jaberdene]

Hi All,

I gained ILR based on long residence (10 year, Tier 4 ) rules in May 2013. And my wife gained ILR in 2013 July through student dependent-> FLR(M) -> SET(M) route . My son (22 years, he had student dependent leave to remain) applied FLR (O) in 2013 and get a leave to remain visa for 2 years until May 2015. He is now a student in university and still dependent on us.

Im just wondering if he can apply ILR ? he has been living in this country for 7 years.

cheers
Jab

[vinny]

Yes. He could have applied for SET(F) at the same time as your wife.

[jaberdene]

Yes. He could have applied for SET(F) at the same time as your wife.

Yes. He could have applied for SET(F) at the same time as your wife.

Thanks Vinny,
It seems good news. But there is a problem I think.
Section 2 of the SET F Form said : Child over the age of 18 who was last granted leave under paragraph 302 of the immigration rules.

Im really not sure he was last granted a leave under 302( see below) He has been TIER4 ( its not settlement route) dependent from 2007 until May 2013. Then applied FLRO (as I mentioned in the previous post) and got a leave to reman for 2 years as compassianate circumstance.
Is it will be issue or not?
Cheers

Limited leave to enter or remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement
302. A person seeking limited leave to enter the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement may be admitted for a period not exceeding 27 months provided he is able, on arrival, to produce to the Immigration Officer a valid United Kingdom entry clearance for entry in this capacity. A person seeking limited leave to remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement may be given limited leave to remain for a period not exceeding 27 months provided the Secretary of State is satisfied that each of the requirements of paragraph 301 (i)-(v) is met.

[vinny]

Unfortunately, you may be correct. I forgot they have appeared to make it harder than before.

Probably best to get further legal advice on the best course of action.

[Amber]

How long has your son been in the UK, and how long with valid leave?

[jaberdene]

How long has your son been in the UK, and how long with valid leave?

He has been in the UK since december 2007. Always had valid leave, student dependent until july 2013 and then just leave to remain until May 2015.

Can he switch to TIER 4?

Cheers

[Amber]

Why did he not apply for SET(F) himself when you were settled, why FLR(O)?

[jaberdene]

Why did he not apply for SET(F) himself when you were settled, why FLR(O)?

It just didnt happen then. He was over 18 then. And long residence not allowed dependent blah blah. I asked home office by letter and was told use flr o form for him.
Its too late now anyway.

What is the best option to him now?
Cheers

[Amber]

May require extending FLR(O) until 10 years completes, or argue that due to incorrect advice by them, SET(F) should be accepted, insofar as he is not living an independent life.