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ILR for 19 yeard Old Daughter on 5 year route

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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sag
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ILR for 19 yeard Old Daughter on 5 year route

Post by sag » Sat Mar 04, 2023 9:52 pm

Hi,

I would like to know the process of ILR for 19 year old daughter on 5 year route dependent Tier2/Skilled visa. Can she apply for ILR with myself(main applicant) and her as dependent? She is studying in unversity and all her expenses are borne by me and she is still dependent.

Regards,
Sag

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zimba
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Re: ILR for 19 yeard Old Daughter on 5 year route

Post by zimba » Sun Mar 05, 2023 1:29 am

She will be eligible for ILR only if the other parent is already settled in the UK (or is settling with you). When applying, children over 18 years old cannot be included in the main applicant’s ILR application and must instead submit their own SET(O) application. They must also meet the English language requirements and have passed the ‘Life in the UK’ test.

Children over 16 years old when applying must also provide documents showing that they are:

-still financially dependent on the main applicant;
-still live with the main applicant (unless studying at school, college, or university); and
-are not living an independent life.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

sag
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Re: ILR for 19 yeard Old Daughter on 5 year route

Post by sag » Sun Mar 05, 2023 10:03 pm

Thanks for your response Zimba. She was earlier granted visa as a dependent and still not living independent life. It says you can include older children in your application in such scenarios. Can you check and confirm please?

As the gov website says below:

https://www.gov.uk/indefinite-leave-to- ... ly-members

Children 18 and over
You can only include older children in your application if they both:

- were under 18 when they first got permission to be in the UK as your dependant
- still do not live an independent life - for example, they have not got married or had children

sag
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Re: ILR for Dependents

Post by sag » Wed May 03, 2023 12:01 pm

Hi,
Five years ILR route for PBS dependents-

Are PBS dependents allowed to have ILR in 5 years if they have completed 3 months on ICT PBS dependent and 4 years 9 months on Tier2 PBS dependent. Means the main applicant has changed the visa category from ICT to Tier 2. Dependent are PBS dependent only but erlier they were ICT PBS dependent but now Tier 2 PBS dependent. Please note that main applicant has completed 5 years and got ILR now while dependent have completed 4 years 9 months on Tier 2 PBS dependent. Are they allowed to get ILR in 5 years adding earlier period staying on ICT PBS dependent?

Regards,
Sag

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Re: ILR for 19 yeard Old Daughter on 5 year route

Post by zimba » Wed May 03, 2023 2:55 pm

There is no difference between dependent visa routes. They were all the same visa. Note that children do NOT have a residence requirement for ILR as they settle when both parents settle
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

sag
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Re: ILR for 19 yeard Old Daughter on 5 year route

Post by sag » Wed May 03, 2023 8:17 pm

Hi Zimba,

Thanks for your response.
So for wife and kid under 18 are fine.
What about daughter who is 19? Will she fall under same category?
She has completed 3 months on ICT PBS dependent and 4 years 9 months on Tier2 PBS dependent. Can you confirm if she can also apply for ILR once I get the ILR?

Best Regards,
Sag

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Re: ILR for 19 yeard Old Daughter on 5 year route

Post by zimba » Thu May 04, 2023 12:01 am

She is treated the same as a child as she was granted leave before turning 18. However, she needs to show that she is not leading an independent life and pass LIUK test. Also, she needs to meet the English language requirements
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

sag
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Re: ILR for 19 yeard Old Daughter on 5 year route

Post by sag » Tue May 09, 2023 3:17 pm

thanks a lot Zimba for response.

Regards,
Sag

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