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SET(O) application dependants

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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frank1642
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Posts: 4
Joined: Mon May 23, 2016 10:42 am

SET(O) application dependants

Post by frank1642 » Mon May 23, 2016 11:32 am

Dear all experts,

My ILR is due next month and I am a bit confused with what to do with the VISAs of my wife and 2 children. It should be rather straight forward but somehow I got contradictory information and got confused.

Me: 11/06/2013-11/06/2016 Tier 1 (General) (initially got Tier 1 in 07/06/2011)
Wife: 10/02/2014-11/06/2016 PBS Dependant (previously PSW, so 2.5+years short for 5 years)
Child 1[2.5 years old, born in UK, non-UK passport]: 13/01/2015-11/06/2016 VISA Tier 1 (General) Child
Child 2[<.5 years old, born in UK, non-UK passport]: no VISA, has never left UK

My own findings is that:
1. I apply using SET(O) form with both Child 1 and Child 2 as dependant.
fee will be £5625 with no medical surcharge
2. Wife applys using 'Tier 1 or 5 PBS Dependant version 03/2016' form alone
to extend as PBS dependant for another 2.5+years and get her own ILR later.
fee will be £1771 with £600 medical surcharge

We rang the home office 0300 number a few times and got contradictory information as following:
Wife:
can no longer apply as PBS dependant must switch to another type <->
can only apply as PBS dependant.
Child 1:
has to apply to extend current type of visa to get to 5 years <->
needs to apply for the £811 visa <->
can be added to my SET(O) form as dependant without any time requirement

Here are my questions:
1. Was my initial finding correct? If not what is the correct set up for my case?
2. Child 1, what type of VISA does she have [VISA Tier 1 (General) Child], is it PBS?
3. Child 2, is there another way [cheaper] to get ILR for him [to get ILR only, do not need citizenship]?
4. Is there a difference between ILR and ILR dependant once granted?

Any advice will be much appreciated. Thanks a million.



Regards
Frank

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CR001
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Re: SET(O) application dependants

Post by CR001 » Mon May 23, 2016 11:52 am

Set(O) for you only.

PBS Dependent extension for your spouse.

UK born children - Is your aim to register them as British?
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.

frank1642
Newly Registered
Posts: 4
Joined: Mon May 23, 2016 10:42 am

Re: SET(O) application dependants

Post by frank1642 » Mon May 23, 2016 11:59 am

CR001 wrote:Set(O) for you only.

PBS Dependent extension for your spouse.

UK born children - Is your aim to register them as British?
Hi CR001,

Thanks for your prompt reply!

For both children, our aim is to get ILR only. We do not need British citizenship for them otherwise they will have to give up their current nationality.

Regards
Frank

frank1642
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Posts: 4
Joined: Mon May 23, 2016 10:42 am

Re: SET(O) application dependants

Post by frank1642 » Mon May 23, 2016 5:21 pm

CR001 wrote:Set(O) for you only.

PBS Dependent extension for your spouse.

UK born children - Is your aim to register them as British?
Hi CR001,

Thanks again for your reply.

I just double checked the Chinese policy again and can see that keeping Chinese nationality while having UK ILR is still the only/best route for us to travel between two countries VISA-free. It is nearly impossible to get Chinese citizenship back once it is renounced.

Could you please kindly advise me further on how I should proceed with the application for the two children on the basis that they only need ILR?

Many thanks.

Regards
Frank

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