ILR correct form and appointment times?

[rjs200]

Hi

I am hoping people can supply some answers.

My wife and stepdaughter are here on spousal FLR(M) route. First visa was July 2013; second January 2016. My stepdaughter was 18 last Friday. So at the time of the ILR application (in July) she is over 18.

Based on searching/ scouring the internet I've seen it both suggested that SET(O) is the correct form for my stepdaughter; and also that SET(F) is the correct form. In both cases she has to use a separate form to that of my wife who will be using SET(M). My reading of the guidance notes is that my stepdaughter qualifies for use of form SET(F)- lives at home; no job/ income; in middle of her A levels/ undertaking year 14 next year i.e. is still clearly 'dependent'.

However, I've also heard it suggested from a colleague that:

(1) as my step daughter was a part of both the previous two FLR Spousal/Family visas (2013 and 2016) and
(2) she is still clearly 'dependent'

then she can go on my wifes SET(M) form and be booked for premium appointment at the same time. There will still be two fees, and she must also have both IELTs and LIUK like my wife (which we already knew and both are booked for early next month).

Is this accurate? As I'd previously read (in various places) that she would have to go on a separate form- which I believe to be SET(F)- and we would have to create a separate premium appointment for her. Rather than add her to my wifes premium appointment as a 'child dependent' at the same time we book that one.

Thanks to anyone if they can shed any light on this (which is the correct form to use/ can we book premium appointment at the same time as wife), as I find it quite confusing.

[4uvak]

In the SET(M) guidance notes https://assets.publishing.service.gov.u ... 8-2017.pdf it says:

3. Who May Apply On This Form?
You and your children under 18 if they are applying as your dependants.
Dependent children over the age of 18 may not apply on this form, unless they were granted leave in this category at a time when they were under 18 and are now 18 or over. Dependent children aged 18 or over must show that they have not formed their own family unit or be leading an independent life.

[rjs200]

Ah- thankyou. So it seems my collegaue was correct.

[rjs200]

Hi

via previous posts (and the SET(M) guidance notes) it transpires that my over 18 stepdaughter *can* use form SET(M) and 'apply at the same time' as my wife. Given she was granted LTR alongside my wife as a dependant in 2013 and 2016.

However...'apply at same time' is confusing - given that the SET(M) form itself states a child over 18 has to 'apply on a separate form'.

So, in the case of an over 18 dependant with LTR granted via the spousal/ FLR as a dependant- do we use just the one SET(M) form (as if she were still 17) or do we use two separate SET(M) forms? One for my wife and one for my stepdaughter.

Thanks

Rob

[vinny]

SET(F) for child over 18.

[rjs200]

Hi

My Wife and step daughter have their 5 years up from first FLR(M) on July 28 2018.

My Stepdaughter was a part of my wife’s applications- both on original FLR July 2013 (she was 13) and renewal of FLR January 2016 (when she was 15). Having gone through this twice (2 premium appointments) plus reading the excellent advice on here I am fine with my wife’s ILR. However I am confused by my stepdaughters ILR situation.

She was 18 a month ago- so at the time of the ILR is classified as an adult. She is taking one round of A levels this June and then a year 14 next year (as she restarted 2 of her 4 AS based on grades). She doesn’t work/ is school pupil and lives at home. No boyfriend as yet (that we know of)! So she is not living an 'independent life'.

My step daughter and wife have both have passed IELTS and LITUK

Form SET(M) is the correct form for my wife- that is (at least) crystal clear. However, as far as children who were originally admitted as a dependent child when under 18, but who are now over 18, it's all rather confusing. The Guidance Notes clearly states that Form SET(M) can be used for "dependant children over 18" (if they were under 18 when admitted on a previous visa). However within the SET(M) application form itself it says that "children over 18' must apply individually. Contradictory!?

My Questions:

* Do my Wife and Step daughter apply at separate times or the same time? They have applied together for the two FLR(M) visas in July 2013 and January 2016
* Which form should my stepdaughter use?

Thanks to anyone who can help with some/ all my queries.

Rob

[CR001]

You have already been advised by vinny which form to use.

Separate appointments as it is separate forms.

[rjs200]

"Dependent children over the age of 18 may not apply on this form, unless they were granted leave in this category at a time when they were under 18 and are now 18 or over. Dependent children aged 18 or over must show that they have not formed their own family unit or be leading an independent life."

Please note anyone on this forum:

= Confirmed on another forum and- more importantly - by immigration barrister partner of colleague at work: given the specifics of my case (child given FLR as part of the family route whilst under 18; resident in UK for 5 years (in fact 8 in her case but not relevant to this application) who is now over 18 but has not formed an "Independent life") she can be put on her mothers SET(M) form and her mothers appointment can be used.

Same total fee; has to pass LITUK; has to pass IELTS.

Hopefully this will be of help to anyone in future in similar specific scenario.

Thanks everyone.

[rjs200]

I will fully write up in coming days with paste in of redacted ECO cover letter. Also add to the timelines thread. Just a flavour here now.

We had Sheffield PSC this week: applications for ILR 5 year spousal route after switching from Tier 5 from within UK.

We booked a joint appointment online for my wife with my stepdaughter as my wife’s over 18 child dependent (she was 18 in April 2018)- you have to give passport and birthday info during application.

My over 18 step daughter was placed on my wife’s SET (M) form as her dependent. There is no option on the form to do this and it is very explicit that ‘children over 18’ may not apply/ must use a separate form. So we used that section of the form designated for under 18 dependents even though she is over 18.

The SET (M) guidance note conversely clearly states in section 3 that over 18 children can be placed on parents form if they are still dependent upon parents and not living an independent life- and were previously given leave in the same category whilst under 18.

So we filled in the section for dependents applying even though it says it’s only for under 18s. I wrote a cover letter explaining all this.

We registered with PSC reception post security at 0925; biometrics 1055; both granted ILR 1140

= The current SET (M) guidance is correct; the current SET (M) form is wrong.

Namely if your child was a dependent under 18 of your spouse who received FLR (M) - the 5 year spousal route- but they become over 18 before ILR was due, then it is *SET (M)* (as the spouse applicants dependent) that is the correct form.

If you are in this specific situation you should NOT use form SET (F) and you should NOT make two separate PSC appointments.

I think the confusion over this issue amongst long term regular posters is that the section 3 SET (M) guidance wording only changed last year, at its most recent iteration. Until then the guidance note and the form were as one - over 18s could not apply as dependents on their parents SET (M) form. I am not sure why it changed (perhaps the first batch of 5 year route ILRs coming to fruition?): but it did.

Meaning SET (M) not SET (F) is the correct form for over 18 dependents; and one application slot (the parents)/ not two separate applications.

[rjs200]

Another issue cleared up by this PSC appointment.

If you as the sponsor are a British citizen then you can receive child benefit for any dependent children.

Some confusion about this in various threads- with people saying as CHB is ‘on the list’ of public funds FLR visa holders/ILR applicants don’t have recourse to, then if you have been in receipt of it as a family you are in trouble.

Nonsense- as long as the UK partner of the visa holder was the person who applied and received the money directly.

I have been claiming since 2014 and I requested a letter from HMRC confirming that it was not contrary to the immigration rules.