Query on ILR eligibility

[newuser79]

Hi There,

Apologies if this is not in the right section. I didnt know where to post this.

I am on Tier 2 general. My 5 year visa started Sept 25 2015 and expiring Sept 25 2020. we entered UK on 2nd October 2015.

I assume we all can apply for ILR 28 days before visa start date. ( which is August 29th 2020 ) . Is this right?

or

can we only apply for ILR on or after 25th Sept 2015. ( the date we got our visa )


second Query:

My son is now doing his Btech course. something similar to A Levels but not exactly A Levels. He needs to finish this before he can go for his UNI

In July 2019 he will finish is Btech course and he is eligible to start UNI from Sept 2019.

My query is by when will he get eligible as a Home Student so that we can pay fees which will be for Home Student. Unfortunately we cant afford to pay fees as an international student.

If he gets ILR by Sept 2020, I assume from that date he will qualify as Home student and pay home student fees. does it mean my son needs to give a gap of 2 years. I really dont want to do this but I cant afford to pay almost 40K for his uni fees over the next 3-4 years

Kindly can seniors/experts help

Thansk again

newuser79

[CR001]

If all applicants meet the 5 year residence requirement, you can apply within 28 days before visa start date.

My query is by when will he get eligible as a Home Student so that we can pay fees which will be for Home Student. Unfortunately we cant afford to pay fees as an international student.

He will be eligible for home fees once he has ILR.

If he gets ILR by Sept 2020, I assume from that date he will qualify as Home student and pay home student fees. does it mean my son needs to give a gap of 2 years. I really dont want to do this but I cant afford to pay almost 40K for his uni fees over the next 3-4 years

He will likely only qualify to study the following year (2021) after he gets ILR as he will miss the intake and student finance application process.

[newuser79]

Thank you CR001 for your response.

Its very unfortunate my son has to wait 2 years before he could join UNI so that he can get eligible for the home tuition fees

is there any way he can start as an international student and pay the international fees and mid way his course when he gets ILR pay fees as home tuition fees

example:

Year 1 - International student fees applicable
Year 2 and onwards - Home Tuition fees applicable

I checked with a university in North West and they said he will remain on the same fees throughout his course the way he started. I hope this information is not true

Thanks again

[secret.simon]

Year 1 - International student fees applicable
Year 2 and onwards - Home Tuition fees applicable

I checked with a university in North West and they said he will remain on the same fees throughout his course the way he started. I hope this information is not true

That is broadly correct. There are only a few circumstances when the fees change midway through the course and gaining ILR is not one of them.

Gaining Indefinite Leave to Remain (ILR), and/or acquiring three years' ordinary residence in the UK, part-way through a course will not change your fee status.

Also see UKCISA: Home or Overseas fees: the basics

[newuser79]

Thank you for your reply. I really hope there is some other option for my son.

I really dont want him to waste 2 years.

thanks again for your help and advise

[newuser79]

Hello Seniors/Experts,

Can one of you please help me with my query below

My son is 17 yrs old currently doing is Btech course. ( similar to 'A' level )

I'm currently on Tier 2 General visa and my son is my dependent. We all get eligible for ILR in August 2020.

My husband is currently on ILR since 2011. we got married 2 years ago. But he is not my son's biological father.

will my son qualify for ILR given his non biological father ( my husband ) is a permanent resident due to his ILR status. Can my son apply for his ILR this year without having to wait until 2020. There is a very strong reason why I want my son to get his ILR.

Kindly Note: I was under the impression that if my son becomes his dependent then his ILR clock will be reset and that he has to wait another 5 years. But my colleague mentioned since my son is under 18 he can qualify for ILR as long as we can prove my husband has parental responsibility over him. we all live together since 2016

Your response to my query will be really helpful

Thanks and Regards,

Sincerely!!

[CR001]

Can my son apply for his ILR this year without having to wait until 2020. There is a very strong reason why I want my son to get his ILR.

No he cannot apply for ILR. He will qualify when you qualify for ILR.

Kindly Note: I was under the impression that if my son becomes his dependent then his ILR clock will be reset and that he has to wait another 5 years. But my colleague mentioned since my son is under 18 he can qualify for ILR as long as we can prove my husband has parental responsibility over him. we all live together since 2016

No, it doesn't work like that. As you are his biological parent, he is dependent on you for immigration purposes and you would both have to switch to ILR dependent and wait 5 years. There is no shortcut for step children unfortunately. It is not 'parental responsibility', it is SOLE responsibility with official court papers and even then, it is not as simple as applying for ILR.

[newuser79]

Thank you CR001 as usual for your quick reply and help to members like me on this forum

I understand now. I assume it will still not work even if my husband adopts my son?

Thank you sir

[CR001]

Adoptions are different but you are running out of time as he is already 17. Even then, it is not as simple as it seems.

[newuser79]

Adoptions are different but you are running out of time as he is already 17. Even then, it is not as simple as it seems.

Thanks CR001- you response has definitely added some hope on me. I now beleive/assume if my husband adopts my son - my son can be eligible for ILR

My son will be 18 in April 2019. so I have 11 months.

Thanks again !!

[CR001]

Where is your sons other biological parent??

Being adopted won't necessarily give your son ILR. Also once he turns 18, he won't be able to apply for a dependent visa based on the adoptive father.

What is the rush to get ILR???

[newuser79]

Where is your sons other biological parent??

Being adopted won't necessarily give your son ILR. Also once he turns 18, he won't be able to apply for a dependent visa based on the adoptive father.

What is the rush to get ILR???

My sons biological father passed away 7 years ago. I re married 2 years ago

The rush is because my son finishes his Btech course ( almost similar to 'A' levels ) next year April. He should start university from Sept 2019

However due to his current visa status he has to pay fees as an oversees student which is very expensive and I cant afford it. we are not allowed to get student loan too due to our visa status

We were willing to give a year gap for my son assuming we will get our ILR in Aug 2020 and he will start uni from Sept 2020 as a local student. But having discussed earlier on this forum I understand it would be too late for him to start uni from sept 2020 as a home student given we would have missed the boat of applying as a home student to quality for home tuition fees. He will only qualify in sept 2021 as a home student - I dont want to make my son wait for 2 years before he starts his uni

Kindly note that I was even happy to pay international fees for the first year but I am told he has to continue paying the same high international fees even if he gets his ILR midway his degree.

The rush is mainly due to the fact that I dont want my son to waster his 2 valuable years at the same time i want to give him the education he deserves. He is too good with his studies and an ambitious young man.

Thanks for your time again with this

Regards

[CR001]

Useful to keep similar questions in one topic (click)

[CR001]

There is no 'quick' route to ILR for your child.