ILR Application Form - Spouse & Child

[Froggy100]

Hi,

My son who is 7 years old was born outside the UK, arrived in the year 2019 on Tier 2 dependent visa, schooling currently in a UK public school and has completed 5 years in UK. As his biological father I am currently on an ILR.

Had a few queries and required clarification:

1. Register Child Under 18 as British citizen (Form MN1) - Kindly confirm if I can register my child utilizing the MN1 form as I have a ILR.

2. If Not MN1 form and application through SET M form, does my son who is 7 years old need to give the Life in UK and English Language Test

All the advice and help provided is greatly appreciated.

Thanks

[zimba]

Children born outside the UK to non-British parents have NO entitlement to British citizenship. Your child can only be registered as British (via the discretion of the home office) if the child has ILR, one parent is British and the other one is at least settled.

Also, children do NOT have any minimum residence requirement for ILR and settle when both parents settle. Only people over 18 years of age need to prove their knowledge of English and pass LIUK.

What is the immigration status of the other parent?

[Froggy100]

Hi,

Currently me (Father) is on ILR, Mother and Child are both on Tier 2 dependent visa. The reason to raise this question was to understand if I need to make an application for ILR for my wife and child or as I am on ILR my child wont need to go through the process of an ILR application.

Thanks

[CR001]

Currently me (Father) is on ILR, Mother and Child are both on Tier 2 dependent visa. The reason to raise this question was to understand if I need to make an application for ILR for my wife and child

Yes.

or as I am on ILR my child wont need to go through the process of an ILR application.

This is irrelevant to a child born abroad. It is only children born in the UK who have an entitlement to register as British once either parent gets ILR.

[Froggy100]

Hi,

Please could someone confirm which ILR application for should I complete for my spouse & child's ILR application as they are my dependents and I already have an ILR now. Is it SET M or SET O?

Also my child is a minor so can I add child's application with spouse?

Thanks

[CR001]

Form SET O is the only form they can use if they hold a Skilled worked (tier 2) dependent visa.

You can add child to spouse form yes.

[Froggy100]

Hi,

The UK website suggests to utilize SET M per the below
You should only use this form if your:

• • current leave to remain is as the partner of a British citizen, settled person, or person with refugee leave or humanitarian protection and that leave is on the 5 year route and you have completed at least 5 years with leave on that route.
  • current leave to remain is as the parent of a child present and settled in the UK on the 5 year route and you have completed at least 5 years with leave on that route.

I am currently on a settled status (ILR) and no longer on Skilled Tier 2 visa. Hence the question again whether it is SET 0 or M.

Please could you confirm.

Thanks

[CR001]

Your spouse does NOT hold a spouse of British citizen or ILR holder visa.

She holds a Skilled Worker dependent visa.

It is her visa route that determines the form and NOT your immigration status.

It is form SET O!!

[zimba]

Hi,

The UK website suggests to utilize SET M per the below
You should only use this form if your:

• • current leave to remain is as the partner of a British citizen, settled person, or person with refugee leave or humanitarian protection and that leave is on the 5 year route and you have completed at least 5 years with leave on that route.
  • current leave to remain is as the parent of a child present and settled in the UK on the 5 year route and you have completed at least 5 years with leave on that route.

I am currently on a settled status (ILR) and no longer on Skilled Tier 2 visa. Hence the question again whether it is SET 0 or M.

Please could you confirm.

Thanks

SET(O) is the correct form, you should NOT use form SET(M).
You failed to pay attention to the highlighted part of that note.

Read the explanation here: viewtopic.php?t=347735#p2165853

[Froggy100]

I had a follow up on the SET O form for my spouse and child.
During the application the section (In which category are you applying for indefinite leave to remain?) I've chosen (Skilled Worker, Tier 2 or International Sportsperson dependant). This selection gives rise to another selection which is (The person you are joining or accompanying) in which I have to put my details as I have an ILR and it requests for my sponsors license number. I am not sure if I am selecting the correct option in the section (In which category are you applying for indefinite leave to remain?) as in the post it was mentioned that the spouse and child have their own route and me having a ILR does not matter. The category brings my name as a sponsor to my spouse and child as the selection suggests (If they have one, what is Mr Narayan Murthy's sponsor licence number?) in this selection I am inputting my employers license number which I feel is incorrect.

Would really appreciate if I could know which category (In which category are you applying for indefinite leave to remain? option I should choose when I have an ILR and applying for spouse and child's ILR as their current BRP States (Dependent Partner Leave To Remain) . Options provided are as below listed in the category:

• Tier 1 or Global Talent dependants
  
  Tier 1 migrant
  
  Skilled Worker, Tier 2 or International Sportsperson dependant
  
  Skilled Worker, Tier 2 or International Sportsperson
  
  Bereaved partner
  
  Representative of an overseas business
  
  UK ancestry
  
  Global talent
  
  Hong Kong British National (Overseas) (BN(O))
  
  Domestic worker in a private household
  
  Afghan Resettlement
  
  Adult Dependent Relative (family route)
  
  Other purposes or reasons not covered by other application forms

Thanks for all your help.

[zimba]

Skilled Worker, Tier 2 or International Sportsperson dependant

As explained in detail above, their ILR will be based on your PREVIOUS status as a skilled worker. So, enter any of the old details if you have them or if you can, ignore/leave them empty. These questions/answres have NO bearing on their application.