Indefinite Leave to Remain - Long term route

[Miranda9099]

Hi, I am applying for ILR and I have queries on the below questions in the application form - could someone pls help

1. What to write against this - Are you part of any social groups or do you have other cultural ties in your country of birth, nationality or any other country where you have lived for more than 5 years?
2. Do you have any children aged 18 years or under who are living in the UK? - I have a child over 18 years, should I add his name?
3. Have you provided evidence of your English language ability in a previous application? - I did study for 1 year in UK and passed IELTS for studying the course. What details shall I add against this question in the applicatiojs fom
4. There is a question at the end asking - Do you have any other reasons for wanting to stay in the UK? - what should be written there? My partner and kids are here (who is above 18) - Is that enough to say I want to be here with them? They are yet to qualify for ILR as I came here first.
5. For all travels to back home country, we have added What was the reason for this time spent outside the UK? as Visitng family and friends - Is that reason enouf
6. There is a question asking - Do you have any Home Office reference numbers? - what does this mean - does this mean any previous application number? (which we received a decision? there is no ongoing application at UKVI for us now)
7. Apart from asking all the travels inside / outside UK, are there anything else that the UKVI will check - say Council tax for last 10 years paid etc? I was staying with a friend when I first cae to UK, for 3.5 months and then moved out. so during that time, I do not have a proof to show my council Tax - do we need this for ILR applikation?
8. Its also asking - Documents supporting my other reasons to stay in the UK - what shall I produce as a document to prove that I want to stay here with my family
thank you, any reply would be a great help

[Miranda9099]

Hi, related to this question, When both parents hve ILR, the eligibility for the child to apply for ILR - is that also applicable for a child aged >18 years. The child came to UK as a dependent before turning 18, and then studies some time here and left to another country to study uni. But since his parents successfully gets ILR, then does he qualify for ILR when he comes back after studies, if he is single and stay with us?

[Miranda9099]

hi Zimba, Quoting from one of your reply from below thread- could you please explain what does this "requirements" mean - "You can only get ILR if you qualify for it. The '10 year' route to ILR has some more requirements than just having spent 10 years of lawful residence in the UK. So merely fulfilling the lawful residence requirement in the UK is not going to be enough"
I was in the asumptian that 10 years lawful resedency is enouf to apply for 10 year route. what else is this requirements?

[zimba]

First of all, refrain from tagging your questions all over the forum !!!
Ask all your questions ONLY here in your own thread.

[zimba]

hi Zimba, Quoting from one of your reply from below thread- could you please explain what does this "requirements" mean - "You can only get ILR if you qualify for it. The '10 year' route to ILR has some more requirements than just having spent 10 years of lawful residence in the UK. So merely fulfilling the lawful residence requirement in the UK is not going to be enough"
I was in the asumptian that 10 years lawful resedency is enouf to apply for 10 year route. what else is this requirements?

They are requirements you must meet on top of the 10 years of lawful residence. Also, the 10 years of lawful residence has a very specific meaning and just living here for 10 years is NOT enough.
There is an official guide on this: https://assets.publishing.service.gov.u ... idence.pdf

Hi, related to this question, When both parents hve ILR, the eligibility for the child to apply for ILR - is that also applicable for a child aged >18 years. The child came to UK as a dependent before turning 18, and then studies some time here and left to another country to study uni. But since his parents successfully gets ILR, then does he qualify for ILR when he comes back after studies, if he is single and stay with us?

If they are still under the dependant visa, then yes. They can come back and settle if both parents have already settled.

[zimba]

Hi, I am applying for ILR and I have queries on the below questions in the application form - could someone pls help

1. What to write against this - Are you part of any social groups or do you have other cultural ties in your country of birth, nationality or any other country where you have lived for more than 5 years?
2. Do you have any children aged 18 years or under who are living in the UK? - I have a child over 18 years, should I add his name?
3. Have you provided evidence of your English language ability in a previous application? - I did study for 1 year in UK and passed IELTS for studying the course. What details shall I add against this question in the applicatiojs fom
4. There is a question at the end asking - Do you have any other reasons for wanting to stay in the UK? - what should be written there? My partner and kids are here (who is above 18) - Is that enough to say I want to be here with them? They are yet to qualify for ILR as I came here first.
5. For all travels to back home country, we have added What was the reason for this time spent outside the UK? as Visitng family and friends - Is that reason enouf
6. There is a question asking - Do you have any Home Office reference numbers? - what does this mean - does this mean any previous application number? (which we received a decision? there is no ongoing application at UKVI for us now)
7. Apart from asking all the travels inside / outside UK, are there anything else that the UKVI will check - say Council tax for last 10 years paid etc? I was staying with a friend when I first cae to UK, for 3.5 months and then moved out. so during that time, I do not have a proof to show my council Tax - do we need this for ILR applikation?
8. Its also asking - Documents supporting my other reasons to stay in the UK - what shall I produce as a document to prove that I want to stay here with my family
thank you, any reply would be a great help

1. Not important. Provide minimal info
2. No
3. Have you proved your level of English in a visa application or not ???
4. You do NOT need to provide additional reasons to stay in the UK. If you answer YES, the form will ask for evidence and you will be confused
5. Yes
6. No need to enter anything
7. Those are not asked or checked
8. see above

[Miranda9099]

Thank you Z for providing answers to all my queries. First of all sorry, as I didnt know that, asking quesries to a different thread will still be linked to my original question.

To answer the kid >18 scenario, no the kid has changed from depandent visa to visit visa, due to covid restrictions and could not travel when visa change happened in UK and he was studying outside UK. So to visit us, he had to apply for visit visa when covid restriction was minimised and passport/visa offices opened back. Still on a visit visa which just expired in dec 2024. Is there a way to aply back to depandent visa for him now?

[zimba]

The rules require the child to be below 18 to be granted an entry clearance under the child-dependent route. However, they should be able to apply inside the UK for leave to remain and that I believe should succeed

[Miranda9099]

Thanks you,
When you say - However, they should be able to apply inside the UK for leave to remain and that I believe should succeed - which route can he apply to leave to remain. Can he apply under rejoin the family under family visa route or again visit visa route? Can he apply as a dependent again now as he is still in full time studies and dependent on us?

[zimba]

Family route. I am basing my advice on the highlighted paragraph:

Section E-LTRC: Eligibility for leave to remain as a child
E-LTRC.1.1. To qualify for limited leave to remain as a child all of the requirements of paragraphs E-LTRC.1.2. to 2.7. must be met (except where paragraph R-LTRC.1.1.(d)(ii) applies).

Relationship requirements
E-LTRC.1.2. The applicant must be under the age of 18 at the date of application or when first granted leave as a child under this route.

E-LTRC.1.3. The applicant must not be married or in a civil partnership.

E-LTRC.1.4. The applicant must not have formed an independent family unit.

E-LTRC.1.5. The applicant must not be leading an independent life.

E-LTRC.1.6. One of the applicant’s parents (referred to in this section as the “applicant’s parent”) must be in the UK and have leave to enter or remain or indefinite leave to remain, or is at the same time being granted leave to remain or indefinite leave to remain, under this Appendix, and

(a) the applicant’s parent’s partner under Appendix FM is also a parent of the applicant; or
(b) the applicant’s parent has had and continues to have sole responsibility for the child’s upbringing or the applicant normally lives with this parent and not their other parent; or
(c) there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care.

https://www.gov.uk/guidance/immigration ... ly-members

[Miranda9099]

Thanks Zimba,

E-LTRC.1.2. The applicant must be under the age of 18 at the date of application or when first granted leave as a child under this route. = This is true in this case. He first entered UK as a depandent before turning 18. But then due to circumsyances could not continue as a depandent.
When can we start applying for a family visa as his course is completing in this September. I hopefully might be getting an ILR by that time.

[Miranda9099]

Hi Zumba,
Regarding ur repley below, If they are still under the dependant visa, then yes. They can come back and settle if both parents have already settled - No my son is not in dependent visa anymore, as I stated earlier he was on dependent visa before 18 but had to switch to visit visa as he could not travel due to covid resytrictions etc. He has a visit visa now. Is he eligible for ILR fam route when both parents have ILR. kindly suggest

[zimba]

The advice given does not change. E-LTRC.1.2 may support the case

[Miranda9099]

Thanks for the reply Zimba, where can I find E-LTRC 1.2 clauses

[zimba]

Thanks for the reply Zimba, where can I find E-LTRC 1.2 clauses

I showed you above

[Miranda9099]

thank you
Have a query-do I need to provide any financial requirements against my ILR form, when appplying for 10 year route. I dont see any questins asked against financial requirement. i am working for my own ltd company since last 2 years. what shall i provide if I need to provide any financial statements. kindly suggest

[zimba]

There is no financial requirement

[Miranda9099]

ok grate thanks
what is this - consent form - do I have to sign and upload it? also while uploading documents, I am not sure where each type of document go into which section. Is that to be strictly folllowwed? im following however I can, but some docs are bit confusing to categorese.
also, what all things to carry for biometrik appointment

[zimba]

ok grate thanks
what is this - consent form - do I have to sign and upload it? also while uploading documents, I am not sure where each type of document go into which section. Is that to be strictly folllowwed? im following however I can, but some docs are bit confusing to categorese.
also, what all things to carry for biometrik appointment

Yes, you should sign the consent form. The categories where you upload are not that important, UKVI will see all the documents

[Miranda9099]

thank u,
my partner has ILR, and our son is visiting us this summer, under visit visa. do I be able to apply for his ILR as one of his parent has ILR. as stated earlir, he has a visit visa now but had dependent visa when he was below 18, but due to covid, could not continue on depandant visa as he was on anothr country. he will be just few months short of 26 years this summer. does that change anything?

[zimba]

thank u,
my partner has ILR, and our son is visiting us this summer, under visit visa. do I be able to apply for his ILR as one of his parent has ILR. as stated earlir, he has a visit visa now but had dependent visa when he was below 18, but due to covid, could not continue on depandant visa as he was on anothr country. he will be just few months short of 26 years this summer. does that change anything?

No. I already provided advice on this above. Your best bet is to get him back under the family route as per E-LTRC 1.2. However, he may have to prove that he is not leading an independent life which may be difficult

[CR001]

thank u,
my partner has ILR, and our son is visiting us this summer, under visit visa. do I be able to apply for his ILR as one of his parent has ILR. as stated earlir, he has a visit visa now but had dependent visa when he was below 18, but due to covid, could not continue on depandant visa as he was on anothr country. he will be just few months short of 26 years this summer. does that change anything?

My view, I don't believe you can apply for ILR or a dependent visa for your almost 26 year old son for a few reasons.

He hasn't held a dependent visa for a number of years, since Covid, based on what you have posted.

A visitor visa, his current UK visa status, doesn't allow him to apply for ILR or switch to a dependent visa within the UK.

[Miranda9099]

ah thats sad, yes he hasnt had depandent visa for many years and was on visit visas. but is on full time study. cant he be eligible for family visa route and get leave to stay or permanent stay here? we rae his only family and he has not had his own family yet, still dependant on us financially, as he is a student.

[Miranda9099]

hi Zimba
Can we apply for family visa for him when he is here on visit visa for his holidays? we both have ilr

[zimba]

I think proving that the applicant must not be leading an independent life is difficult. I already mentioned this.