ILR for Tier-1 (General) children

[thanks4urhelp]

Hi

I was a Tier-1 (General) migrant and got my ILR in January 2017.

My two children (6 and 11, born outside UK) have Tier-1 (General Dependent) visas and will be completing 5 years stay in a week. They have dependant visas which are valid till November.

I intend to apply for ILR for them, but I am unable to figure out whether to use SET(O) or SET(F) form. I would be grateful if anyone could please help me understand the difference between the two, or point me to the relevant resource online.

Also, am I right in assuming that in their case, I do not have to evidence any maintenance funds? Or if maintenance funds are to be shown, can anyone please guide on the figure?

Many thanks

[CR001]

Did you get ILR based on Tier 1 General?

What is the immigration status of the other parent??

What date did they enter the UK?

[thanks4urhelp]

I got my ILR on the basis of having spent 5 years on a Tier - 1 General.

The other parent resides in UK as well, but we divorced about two years ago. We have court-ordered joint custody of the children. I believe she has some form of extraordinary leave to remain piggy-backing on the children's immigrant status.

The children and their mother entered the country (and have been here continuously) since October 2012.

[CR001]

I got my ILR on the basis of having spent 5 years on a Tier - 1 General.

The other parent resides in UK as well, but we divorced about two years ago. We have court-ordered joint custody of the children. I believe she has some form of extraordinary leave to remain piggy-backing on the children's immigrant status.

The children and their mother entered the country (and have been here continuously) since October 2012.

What leave to remain does she have? It can't be FLR(FP) parent route as the children are not British or ILR holders?

Who do the children live with??

[thanks4urhelp]

I have no idea what Leave she has.

The children split with both parents. The court has made specific orders for "Joint Custody" of the children. They spend equal amounts of time (nights per year) with each parent.

[Obie]

I got my ILR on the basis of having spent 5 years on a Tier - 1 General.

The other parent resides in UK as well, but we divorced about two years ago. We have court-ordered joint custody of the children. I believe she has some form of extraordinary leave to remain piggy-backing on the children's immigrant status.

The children and their mother entered the country (and have been here continuously) since October 2012.

What leave to remain does she have? It can't be FLR(FP) parent route as the children are not British or ILR holders?

Who do the children live with??

It is possible a parent could have FLR(FP) even if the child is not a British or a person with ILR. If there is a Child who have resided in the UK for 7 years or more, and there is a court order, and the child's mother and father are not together, FLR(FP) may be possible for the mother, as she will fall within the scope of the rule.

However as OP has leave and his child will qualify aswell in line with him, and there is a court order, i believe exceptional circumstance must have existed for the grant of leave to mother outside the rules.
Child will only qualify for ILR in line with mother, unless child was UK born.

[thanks4urhelp]

Since the children came to this country as my dependents (I was a Tier 1 General), they had a Tier - 1 General Dependent visa.

Having spent five years here, would they not therefore be eligible to get ILR ?

[thanks4urhelp]

Just to be clear : I am only interested in applying for ILR for my two children.

[Obie]

Unless the children were granted leave under the rules in place before 9th July 2012, they will not qualify for ILR with you, unless exceptional compelling circumstances arise.

[thanks4urhelp]

Unless the children were granted leave under the rules in place before 9th July 2012, they will not qualify for ILR with you, unless exceptional compelling circumstances arise.

I am sorry if I am being obtuse - just trying to get my head around things.

I was on Tier - 1 General. I have obtained ILR already.

The children were on Tier-1 General Dependent. That is coming to an end in early November. They have spent 5 continuous years in this country.

Would they not be eligible for ILR now?

[Obie]

It is not a straightforward case. I understand your chronology very well. The question for me in law, is when did you and your children apply for the entry clearance that was issued in October 2012?

[thanks4urhelp]

It is not a straightforward case. I understand your chronology very well. The question for me in law, is when did you and your children apply for the entry clearance that was issued in October 2012?

My Tier-1 General visa has the date 12.7.2012. I had applied sometimes in June 2010.

I physically moved here in January 2012.

The children came here in October 2012.

[Obie]

My question is, when did they apply for the visa to come to the UK in October 2012?

[thanks4urhelp]

My question is, when did they apply for the visa to come to the UK in October 2012?

Their visa Tier - 1 (General) Child is dated 17.8.2012. I do not have the date on which they applied. They applied on 10.8.2012 for this visa

[Obie]

So mother and children came together on same visa category.

It will be tough for children to qualify without mother.