which visa to apply for

[naija99]

A spouse was granted entry clearance in June 2015 to March 2018 i.e. 33 months.
His wife then later applied for his daughter (her stepdaughter) DOB: 13.12.2001, who was granted dependent leave to enter on 21 July 2017 to 18 July 2021 (- 4 year visa)

Please could someone explain which visa the daughter will need to apply for when her current leave expires? She will be 20 years old at that time.

[naija99]

Can anyone advise?

[naija99]

Can someone please advise, obie, casa? Anyone?

[naija99]

Please can anyone help?

[CR001]

Who is the British citizen and whose child is it?

Your post is a bit confusing.

[naija99]

Thanks casa
The wife is the British citizen
She sponsored husband from Jamaica
She later sponsored her stepdaughter from Jamaica after the biological mother died
They don’t understand why stepdaughter got 4 years

[CR001]

They don’t understand why stepdaughter got 4 years

Neither would anyone on the forum, which is probably why you have not had a response.

What are the exact words of the visa in her passport, all of it??

[naija99]

Thank you casa
It says place of issue ukvi - then it has the valid from and valid until date
Number of entries multi
Type - D to accompany father/cyr (name of father)(name of daughter)
Dependent work permitted
No public funds

Then the brp card gives the dates which amount to a 4 year visa.

Her father’s initial spouse visa is dated June 2015 so if you add 5 years which is when he should be applying for settlement it’s almost around the same time that the daughters visa will be expiring
Don’t know if that’s relevant

[vinny]

It's uncommon for the leave of a child to be valid longer than that of her father’s. It may be an error or discretion.

If her leave hasn't expired by the time her father applies for SET(M), then

Children 18 and over

Your child of 18 or over may be eligible to settle if:

they have or have had permission to be in the UK as your dependant
you have permission to be in the UK as the partner of a British citizen or settled person
They must meet the same eligibility as a dependent child under 18. They may also need to pass:

the Life in the UK Test
an English language test
Your child 18 or over must apply separately on their own form. They need to download and complete form SET(F).

Else, father may include child in fLR(M)

You can add children to your application as dependants if they are under 18, or were under 18 when you first applied and don’t live an independent life.

Or perhaps child may also apply separately on form FLR(M) (unsure)?

[naija99]

Thanks vinny
I suppose the ideal way would be for them to apply set m together

As there’s roughly a month in between father’s 5 year period and daughters 4 year visa expiring - if they both apply on set M - the daughter would not have had 5 years in the UK so would this be permitted?

[vinny]

There’s no requirement for a daughter to spend 5 years in the UK before getting ILR. The requirement is that her father gets ILR. i.e. She cannot be granted ILR before her father. There shouldn’t be a problem with applying at the same time.

But she would use form SET(F).

A277, A280( b ), 299.

[naija99]

That’s great
Thanks very much for the clarification vinny