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Child Under 18 ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Routeways
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Posts: 14
Joined: Tue May 21, 2013 3:07 pm
Location: United Kingdom

Child Under 18 ILR

Post by Routeways » Thu Oct 24, 2013 12:54 pm

Hi All,
First of all thank you for providing us a great platform.

I am in Tier 1 General and my ILR is due next month.
I have wife and two kids
Son age 15
Daughter 13
My kids were born outside the UK and came with me and my wife in the UK when I got the initial Tier1 leave.

Now I am sure that my wife will go with me on PEO appointment but does my kids have to be added as dependent or shall my kids will go on MN1 straight after I will get ILR and don't need to be added on Set O

please advice as my appointment is next Friday 8 November

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Post by CR001 » Thu Oct 24, 2013 8:09 pm

You can only apply directly for MN1 following parents ILR if the children were born IN the UK, which yours were not.

They have no entitlement (section 1(3)) to citizenship and when the time comes, they will have to apply on MN1 under section 3(1).

As they were born abroad, they will have to be included on your Set (O) application as dependents and will have to attend the PEO appointment with you and your wife for their biometrics to be taken.

Once the whole family have held ILR for a full 12 months, you can apply for BC if all the standard requirements are met.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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