Parents SET LR, child pbs dep

[samaygrg]

Hello all
I’m about to apply set lr and my spouse too, as we qualify but our child hasn’t completed his 10 yrs yet who is 13 yrs old. We hold T1entrepneur visa atm.

So we are planning to apply pbs dep for our son and set lr for us. We can wait till our ilr for him as his visa will run out by then. By god grace if we get ilr smoothly, then we vary his application if not decided.

We want all of your help in this. Can we do this? Or is there anything better or anything we need to be careful/ aware of.
Please help.
Your every suggestions will be appreciated.
Thank you all.

Sam

[vinny]

Unfortunately, children cannot extend under 319H(b), if parents are granted leave under Long residence. However, child may apply for SET(F), if both parents are granted ILR.

If necessary, ask them to delay the decisions on the children’s applications until after parents’ leave are decided.

[samaygrg]

Hi Vinny
Thank you so much for your reply.
Sorry I forgot to write this, that he completes 5 yrs as T1E dep (we do too, but we chose to go with Set LR option).. can he apply SET (O) and we parents SET (LR).

Please help.

Unfortunately, children cannot extend under 319H(b), if parents are granted leave under Long residence. However, child may apply for SET(F), if both parents are granted ILR.

If necessary, ask them to delay the decisions on the children’s applications until after parents’ leave are decided.

[vinny]

Unfortunately, 319J(b) also fails.

[samaygrg]

Unfortunately, 319J(b) also fails.

Looks my straightforward looking case is kinda complicated.

Please kindly guide us what we supposed to do for him.. we want to apply together 28 days prior.. but not sure which form to fill up (is best) for him. He has been here legally since last 8 yrs. can we go for SET F for him? We will be applying for ilr at the same time... with a cover letter as you mentioned to delay until our decided?

Thanks

[vinny]

SET(F)

[samaygrg]

SET(F)

Thank you Vinny for your prompt help as always. While i was trying to fill this SET F, it asks the settled parents' BRPs which we do not have at the moment and Im pretty sure it will take some good time to arrive. If i apply it now without these mandatory, doesn't it make the application invalid and rejection, leading to be an over-stayer? I also can't keep my dep. waiting till it arrives as their visa will run out by then. Is their any good way out, to buy little bit more time.

Please, pour your thought one more time on it.
Thank you again.

[aman90]

What is ur dates of entry to the UK and when does ur current visa expire?

[samaygrg]

Hi aman90
We came here in 10th Jan, 2010 and visa expires on 5th Jan, 2020.

What is ur dates of entry to the UK and when does ur current visa expire?

[vinny]

Applicants may apply for SET(LR) no sooner than 28 days before the 10th anniversary of the initial entry and before expiry of leave. Can the child apply for SET(LR) too?

[samaygrg]

Applicants may apply for SET(LR) no sooner than 28 days before the 10th anniversary of the initial entry and before expiry of leave. Can the child apply for SET(LR) too?

No, he isn't qualified for it. He is here for 7.5 yrs only. He holds T1E LTR atm, which expires along with us at the same time.

[aman90]

You could try:
You, the parents can apply somewhere 2nd week of Dec. Consider using super priority for at least ur spouse if you were the main T1 holder.

Make an in time application ie just before ur child’s visa expiry.., pbs or FLR(fp) delay biometrics- vary to SET(F) once one of you gets ILR.

[samaygrg]

Thank you aman90. I am not sure if he can apply for PBS dep. second option looks like the one.
Anyways I will keep updated the outcome.
Finger crossed.
Appreciated.

You could try:
You, the parents can apply somewhere 2nd week of Dec. Consider using super priority for at least ur spouse if you were the main T1 holder.

Make an in time application ie just before ur child’s visa expiry.., pbs or FLR(fp) delay biometrics- vary to SET(F) once one of you gets ILR.

[aman90]

It makes no difference if ur gonna eventually VARY it.