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Application Form for Dependent (not applying for sett) ?

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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habshi
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Application Form for Dependent (not applying for sett) ?

Post by habshi » Tue Aug 13, 2013 7:11 pm

Hi,

I am applying for Settlement (ILR) and will use SET(O) form.
My wife has been in UK for less then 2 years so she can't apply for ILR.

QUESTION: What Form is supposed to be filled by my wife?

I read on UKBA :
http://www.ukba.homeoffice.gov.uk/visas ... et%28o%29/

"You can use one form for a joint application by you, your partner and any children aged under 18, if they are applying as your dependants. Children over 18 must apply separately."

If someone could help me with this please. I have an appointment on 19th.

Thank you.
H

vinny
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Post by vinny » Tue Aug 13, 2013 11:38 pm

What is your wife's current category/status?
What is her immigration history?
On what basis are you applying for ILR?
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.

habshi
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Joined: Tue Aug 13, 2013 6:57 pm

Post by habshi » Tue Aug 13, 2013 11:58 pm

Hi,

I have booked appointment for myself with 2 dependents.

1-Myself (TIER 1 General and my 5 years will complete on 3rd Sept)
2-Wife (She has been in UK for less then 2 years -17 months to be precise, she is on Tier 1 General Dependent valid till 2015).
3-My daughter (Born in UK in March 2013)

What visa categories will be my wife and daughter eligible for and what forms I should fill for them?

Appreciate your help.

Regards,
H

vinny
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Post by vinny » Wed Aug 14, 2013 12:28 am

Your wife may apply for SET(O) up to 28 days prior to the completion of her two years qualifying period and before her leave expires. Else, she may extend as a PBS dependant.

Your UK born child may skip ILR and register as a British citizen following the grant of your ILR.
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.

habshi
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Posts: 6
Joined: Tue Aug 13, 2013 6:57 pm

Post by habshi » Wed Aug 14, 2013 12:48 am

Hi,

Is it MANDATORY for my wife to apply for PBS dependent after my Visa status changes to ILR? If she continues to stay on the visa she already has (valid till 2015) then is that going to be a problem?

We are traveling on 28th Sept. Do you think they can process Citizenship that quick? Is there a fast-track service for that? If citizenship is not an option right now(due to time) then what options do we have at hand? Can she apply for ILR or will she be a PBS dependent too.

Thank you,
H

vinny
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Post by vinny » Wed Aug 14, 2013 1:07 am

It's not mandatory for your wife to apply for anything after your status changes to ILR, if she already has leave as a PBS dependant. Your wife may continue as a PBS dependant until her leave expires. However, she should extend it in the UK before her leave expires, if she cannot apply for ILR before her leave expires.

If there is insufficient time for your daughter's citizenship application, then she may apply for ILR with you, in line with you, under 306. Don't quote 319J as 319J(e) may fail.
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.

Amber
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Post by Amber » Wed Aug 14, 2013 7:56 am

When did you get entry clearance and when did you initially enter the UK?
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habshi
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Joined: Tue Aug 13, 2013 6:57 pm

Post by habshi » Wed Aug 14, 2013 8:06 am

Great, last question: should I use my own form for my daughter too or will I've to use another form for her?

vinny
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Post by vinny » Wed Aug 14, 2013 8:41 am

I guess that your quote is still applicable. However, probably best to ask your caseworker.
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.

habshi
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Posts: 6
Joined: Tue Aug 13, 2013 6:57 pm

Post by habshi » Wed Aug 14, 2013 8:54 pm

@Guru

I came to UK in 2005. I have spent 5 years in combination of Work Permit and Tier 1 Gen(Valid till 2015).

Hope this answers your question.

@Vinny & Guru:

So far my understanding is:
1-I can apply for ILR with my Daughter using the same form.
2-My wife can continue on PBS visa she already has.

Regards,
H

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