what category and what form?

[jaberdene]

Hi all,
Im a Tier 4 student. My wife and son (nearly 20 years old) are TIER 4 dependants (both became the dependants before 09/07/2012 and living here last 5 and a half years with me. Our current leave will expire in the middle of the MAY 2013. Im waiting my ILR (10 year rule) and my wife is waiting her FLR(M). Its my son's turn now to join the waiting game.

In immigration rule, child category under Part 8 applies to the children under 18 not over 18. so what category my son will apply for to extend his leave? And what form he need to use?

any advice please
Jab

[vinny]

See also 19 year old dependant son apply FLR(O).

[jaberdene]

See also 19 year old dependant son apply FLR(O).

thanks vinny, so you think my son can apply ILR on set f form. how certain you are?

in set f form there are 3 categories. one of them is "Child over the age of 18 who was last granted leave under paragraph 302 of the immigration rules."

under immigration rule 302, child can be granted limited leave to remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement."

do u think my son's current tier 4 dependant leave is limited leave to remain in the United Kingdom with a view to settlement as the child ...?

just cant work it out

thank you
jab

[vinny]

If form SET(F) is incorrect, then your defence would be that Guide SET(O) gave incorrect information.

[jaberdene]

If form SET(F) is incorrect, then your defence would be that Guide SET(O) gave incorrect information.

Deleted.

[jaberdene]

If form SET(F) is incorrect, then your defence would be that Guide SET(O) gave incorrect information.

I misunderstood your post yesterday. of course set(o) guide is right.

if my son apply set f then what part of immigration rule apply to him? is it paragraph 299? and is KOL required or not?

[vinny]

You are correct to be concerned. I'm not certain which rules he would fall under. However, as Guide SET(O) suggested SET(F), then it must be possible. Perhaps as a discretion? He may quote the relevant paragraphs from Guide SET(O) when applying.

To be safe, perhaps he should satisfy the KOL requirements as well.

[decentkhuu]

Deleted, due to different id from same pc.

[jaberdene]

You are correct to be concerned. I'm not certain which rules he would fall under. However, as Guide SET(O) suggested SET(F), then it must be possible. Perhaps as a discretion? He may quote the relevant paragraphs from Guide SET(O) when applying.

To be safe, perhaps he should satisfy the KOL requirements as well.

Thanks Vinny. You r always helpful.
I called UKBA this morning twice. Both told me only form my son can use is FLR O. Cos my and my wifes application is not decided yet. They said It is still same even I receive my ILR before my son's leave expire. I dnt think my wife will get her spouse visa before his leave expire( 15 May). Because of this reason They also said my son cant apply at PEO.

Also, long residence category doesnt belong to SET O anymore. So new Set O form doesnt mention anything about long residence and their childs any more.
Even SET LR form and guidance doesnt mention anything about dependent childs. So what does my son have to quote if he apply set f,

Problem is my son cant apply at PEO I think because of my wifes late application.

What u reckon ?

Thank u again.

[vinny]

Thank you very much for highlighting the new form SET (LR) for Long residence applications. Unfortunately, as you stated, it's unhelpful to dependants of Long Residence applicants.

Your son must make a  valid application shorty before his leave expires to preserve his status and rights of appeal.

As far as I can see, there are no provisions to grant leave to dependants of a Long residence applicant while the Long Residence application is pending. If the dependants' applications are refused prior to a decision on a Long residence application, then, IMHO, this will almost certainly be considered as unfair by an appeal. If the Long Residence applicant fails, then the dependants' applications cannot succeed anyway. Therefore, the correct approach must be for the dependants to make in-time valid applications based on the assumption that the Long residence applicant will succeed. 

If the main applicant is granted indefinite leave, family members will need to apply under the relevant categories of the rules relating to spouses, civil partners and dependent children of persons present and settled in the UK

Whatever form they recommend, get their recommendation in writing so that they cannot dispute it.

[jaberdene]

Thank you very much for highlighting the new form SET (LR) for Long residence applications. Unfortunately, as you stated, it's unhelpful to dependants of Long Residence applicants.

Your son must make a  valid application shorty before his leave expires to preserve his status and rights of appeal.

As far as I can see, there are no provisions to grant leave to dependants of a Long residence applicant while the Long Residence application is pending. If the dependants' applications are refused prior to a decision on a Long residence application, then, IMHO, this will almost certainly be considered as unfair by an appeal. If the Long Residence applicant fails, then the dependants' applications cannot succeed anyway. Therefore, the correct approach must be for the dependants to make in-time valid applications based on the assumption that the Long residence applicant will succeed. 

If the main applicant is granted indefinite leave, family members will need to apply under the relevant categories of the rules relating to spouses, civil partners and dependent children of persons present and settled in the UK

Whatever form they recommend, get their recommendation in writing so that they cannot dispute it.

thank you very much,
There is a month left until his leave expire. Im planning to use FLR O as they recommended me. I will do in-time and valid one (cheers). They told me his application wont be decided until my and my wife's application decided. Even they said all our 3 application will be linked anyway because we already applied together twice before. But I dont know how I get their recommendation in writing. The long delay of my ILR application is changing everything. To be honest I was planning If I get my ILR early then I was gonna apply wife's FLR and ILR same day at PEO (alot of people "did" do this way) and then was gonna apply son's one at PEO. The long delay of my ILR just ruined it. Contacted MP but dnt know he gives a crap.

anyway we will see whats gonna happen within next one month and I will update it in due course

jab

[jaberdene]

Hi again

If my son use FLR O and get approved (I would like to think so) then how many years leave will be given to him? What route then he will reach to ILR through? is it children of settled person or have to wait 10 years on his merit or...? Im thinking FLR O will isolate him from children of settled person route, wont it?



cheers
Jab

[vinny]

I think that the removal of the SET(O) guidance relating to adult dependent children of a Long resident's applicant puts them in a difficult position.

The Long residence guidance is of little help, if there are no applicable immigration rules for them.

Consider seeking professional advice.

[jaberdene]

I think that the removal of the SET(O) guidance relating to adult dependent children of a Long resident's applicant puts them in a difficult position.

The Long residence guidance is of little help, if there are no applicable immigration rules for them.

Consider seeking professional advice.

Cheers vinny

[alphabetagammar]

I think that the removal of the SET(O) guidance relating to adult dependent children of a Long resident's applicant puts them in a difficult position.

The Long residence guidance is of little help, if there are no applicable immigration rules for them.

Consider seeking professional advice.

vinny, thanks for the help during this forum. I got similar question here, but slightly different.
I got my ilr already through long residence, but my wife's flr(m) is not decided yet. My daughter is born in uk last year, but without any visa yet, can she apply ILR through set(f)?
any suggestion?

[vinny]

Your daughter does not need to do apply for leave to remain.
She is now entitled to register for British citizenship.

[alphabetagammar]

Your daughter does not need to do apply for leave to remain.
She is now entitled to register for British citizenship.

thanks for the quick response!
we just want to give the kid a choice and let her decide, in this case is the set(f) the right form to use?

[vinny]

Does her nationality not allow dual citizenship?

I am assuming that your daughter was born before you were granted ILR.

It may be more complicated because she will be subject to the new rules and her mother's leave is still undecided. Her leave will probably be subject to her mother's. (Thinking about it, this may also be applicable to adult children). It may be better to wait until her mother is eventually granted ILR.

If she is a British citizen, then she may renounce her British citizenship when she is an adult.

[cqln]

Is SET(F) applicable for a dependent child who is over 18 years old, i.e. as a adult dependent relative of the settle person?

Also, as I know, SET(F) is applicable for a dependent child who is under 18 years old. But, what will happen if the child becomes 18 years old before the main applicant's application for ILR under long residence is decided? Can the child apply before his leave expires and he becomes 18 years old, so that his application can be processed as an under 18 child?

Thanks!