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ILR Application for Spouse & Dependent Child who Arrived UK on Different Dates

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Asawa99
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Posts: 9
Joined: Thu Aug 22, 2013 6:03 pm
United Kingdom

ILR Application for Spouse & Dependent Child who Arrived UK on Different Dates

Post by Asawa99 » Sun Oct 03, 2021 1:06 pm

My wife and stepson both have FLR, and will be applying for Indefinite Leave to Remain next year.

They can apply for ILR 28 days prior to the date they entered the UK. But my stepson arrived four months after my wife. He came to the UK as a dependent child, but is now over 18, so I understand he will have to submit his own application.

Their dates are:
Wife arrived UK February 2017
Stepson arrived UK June 2017
Both BRPs currently expire June 2022

I would be grateful if you could advise me of the following, please:
1) My wife will reach 28 days before 5 years in the UK in January 2022. Can she submit her application then, even though my stepson hasn’t reached 5 years yet?
2) Can my stepson submit his application in January 2022 at the same time as my wife, or does he have to wait until May 2022 when he reaches 28 days before 5 years?
3) What application form will my stepson need to complete?
4) Where can I get soft copies of form SET (M) and the form my stepson needs to complete, so we can prepare for the application process in advance?

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR Application for Spouse & Dependent Child who Arrived UK on Different Dates

Post by vinny » Sun Oct 03, 2021 2:02 pm

I believe that your wife may include her son in her SET(M) application in January 2022. There is no qualifying period for child to complete. However, he will need to also satisfy the KoLL requirements.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR Application for Spouse & Dependent Child who Arrived UK on Different Dates

Post by vinny » Sun Oct 03, 2021 2:12 pm

For reference: Archived discontinued SET(M) paper form.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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