Set F Child ILR app child born outside Uk one parent British citizen and another parent in family spouse visa

[Rymk]

Dear Advisor
Kindly assist with below queries
1)
I am planning to apply for ILR for my child, who has completed 10 years in the UK. One parent obtained British citizenship years ago, while the other will remain on a family spouse visa. Can I apply for my child’s ILR under the Set (F) route? Will the other parent’s family visa status affect the decision on the child’s Set (F) ILR application?
2)
As one parent will remain on a family visa for some time, do I need to obtain a consent letter from them in order to submit the Set (F) application for my child’s ILR?
3)
If both parents obtain ILR and later British citizenship, would the child be eligible for British citizenship directly without needing to go through the ILR route? The child was born outside the UK but has lived in the UK for 10 years, and both parents were on work visas at the time of the child’s birth. Have there been any recent changes in immigration rules that allow citizenship if both parents are settled or hold pre-settled status?
4)
The child has completed 10 years in the UK with no absences exceeding 30 days in any alternative year. Financial evidence is available to support the application, and one parent has recently obtained British citizenship, while the other parent is willing to provide consent for the child’s Set (F) ILR application. Are there any recent changes or new requirements that should be considered? I understand that there is no Life in the UK test, English language requirement, or letter from the school or other sources needed for a Set (F) application for a child. Could you confirm if this is correct or if any new requirements have been introduced?

[zimba]

Form SET(F) cannot be used to settle under family rules because both parents must be settled for it to succeed, so it is not suitable in this case as only one parent is settled/British. As the child has lived here continuously for 10 years here, they can only apply under the long residence route via SET(LR) to settle on their own right. There are no financial requirements. English language and LIUK requirements are only for adults.

After the child gets ILR and the other parent is also settled, the child can then be registered as British (via discretion)

[Rymk]

Thank you, Zimba. Based on the details provided, do you anticipate any potential challenges in my case? The child meets all the general criteria for the 10-year long-term residence, and there are no issues with the financial sponsor from the parent. However, one parent will remain on a family visa, while the other has obtained British citizenship. Since the child was born outside the UK, could there be any additional reasons for delaying the application or any consents required from the other parent to avoid potential queries? Are there any other grounds that might lead to a challenge in securing ILR for the child under the SET(LR) process?

[zimba]

No, as the child will be applying in their own rights. The child should be able to secure ILR without any issues

[Rymk]

Latest update: The other parent is now eligible for ILR via the SET(LR) route, and the child is also eligible under the 10-year long residence route. Apologies if some of my questions are repetitive.
1. Can the child obtain British citizenship without first obtaining ILR if the other parent secures settlement? (The child was born outside the UK, and both parents were on work visas at the time of birth.)
2. If both the parent and child need to apply for ILR, should we submit two separate SET(LR) applications independently? Is there any requirement to link both SET(LR) applications, or can they be processed separately?
3. Should we submit a SET(LR) application for the parent and a SET(F) application for the child at the same time?

Are there any advantages or disadvantages to doing so?
What would you recommend as the best option?

[zimba]

1. No. Children born OUTSIDE the UK have no entitlement to British citizenship and will follow the immigration path of the less privileged parent. They will settle with that parent. They should hold ILR just like their parents and normally can only be registered for citizenship when one parents becomes a citizen.

2. SET(LR) can only be applied independently and evaluated on its own merits. There is no link to anything.

3. In that case both options are possible. Either a SET(LR) or a SET(F) for the child. I already explained what is the difference above

[Rymk]

I remember seeing a National Insurance (NI) number on the back of my spouse’s old BRP card when my spouse was on a Tier 2 ICT Dependant visa.But later my spouse changed visa to flr M, but used that same NI number for recent eVisa, but I no longer have that physical BRP.

Now, about to submit the SET (LR) application for my spouse, need clarification:
• Can we use the NI number from the back of my old BRP ICT dependant in my set lr application?
• Will there be any issue if we don’t have the BRP as proof?

Would really appreciate an urgent response, as I am about to submit my application

[Rymk]

I remember seeing a National Insurance (NI) number on the back of my spouse’s old BRP card when my spouse was on a Tier 2 ICT Dependant visa.But later my spouse changed visa to flr M, but used that same NI number for recent eVisa, but I no longer have that physical BRP.

Now, about to submit the SET (LR) application for my spouse, need clarification:

1. Can we use the NI number from the back of my old BRP ICT dependant in my set lr application?
2. Will there be any issue if we don’t have the BRP as proof?

3. If I do not mention the NI number in the Set LR application but it is present in my eVisa, could this create a conflicting view?

4. The employment status is listed as unemployed, but the Set LR application does not ask about finances or sponsors in my spouse’s application. Does this mean that no financial proof or sponsor’s consent letter is required for financial evidence for both my spouse and child?

Would really appreciate an urgent response, as I am about to submit my application

[zimba]

When someone is granted a national Insurance number, it will remain the same forever. You do not need proof of anything. ILR under the long residence has NO financial or employment requirements whatsoever

[Rymk]

Thank you Zimba.
Can one of parent sign Part 1 on behalf of the applicant, as they are a minor (under 18)?
• I understand that Part 2 and Part 3 are not applicable, but I mistakenly selected the third-party option and entered my name on the last page before submitting the application .
• Does this mistake now make it mandatory to submit Part 2 and Part 3 for the minor?

[zimba]

Just sign part 1. Children cannot sign anything