ILR Application - need help with son's application.

[johndoe22]

Hi guys,

First time poster. I need some help with my ILR application that I will be making in September 2008. I will be using form SET(O) and I will qualify for the 5 year period in September 2008. I am married and will be making the application with my wife. I have two children who are over 18 but they are fully dependent on me. Here is where the problem occurs.

My second child, who is over 18 is in full-time education and lives at home. I will make an application for him using SET (F). There is no problem with him.

The problem is with my eldest child, he is over 18 and in full-time education but he DOES NOT live in the UK during the academic year (he comes home for Summer). He is studying in USA because he couldn't do the course he wanted to do here at that time. He will finish his course (4-years) in May 2009. He is fully dependent upon me as I pay for his tuition and rent, etc.
This is the main problem:

The guidance notes for SET(F) states that he must be in the UK to apply. Should I call him back in September for a week or two and make an application in person at a PEO and then let him go back? Is it possible for me to go at a PEO with his passport (and other relevant documents) in September and apply for him along with my application and my second son's application? Is that allowed?

Will the fact that he studies in the US under a student visa affect this application for ILR in the UK?

I am really confused about this situation and I would appreciate any help you can give me.

[sakura]

Hi guys,

First time poster. I need some help with my ILR application that I will be making in September 2008. I will be using form SET(O) and I will qualify for the 5 year period in September 2008. I am married and will be making the application with my wife. I have two children who are over 18 but they are fully dependent on me. Here is where the problem occurs.

My second child, who is over 18 is in full-time education and lives at home. I will make an application for him using SET (F). There is no problem with him.

The problem is with my eldest child, he is over 18 and in full-time education but he DOES NOT live in the UK during the academic year (he comes home for Summer). He is studying in USA because he couldn't do the course he wanted to do here at that time. He will finish his course (4-years) in May 2009. He is fully dependent upon me as I pay for his tuition and rent, etc.
This is the main problem:

The guidance notes for SET(F) states that he must be in the UK to apply. Should I call him back in September for a week or two and make an application in person at a PEO and then let him go back? Is it possible for me to go at a PEO with his passport (and other relevant documents) in September and apply for him along with my application and my second son's application? Is that allowed?

Will the fact that he studies in the US under a student visa affect this application for ILR in the UK?

I am really confused about this situation and I would appreciate any help you can give me.

I think you should be using Set O? Set F is for children/relatives of people who already have ILR/PR.

Looking through other posts about absences, since he has absences of about 27+ months, I think that would have an adverse affect on his application. See also this thread (paulp's first post in particular relates to your case).

I can't find examples from dependents over 18 who had problems due to absences. Maybe others can advise you. Have you sought any legal assistance?