ILR Application successful with using Child's Income as Financial requirement

[latha888]

Hi All,

I have been searching information about this for a while now, but have been unable to find a similar case hence this long post. If anybody has information on this, It would be great

I came to this country when I was 17 on a child dependent visa with my mum(spouse visa) while my dad is a British citizen. I have lawfully completed my 5 year residence to be eligible for Indefinite leave to remain.During this time I have completed my undergraduate and started working full time and also supporting my mum and dad

My mum and dad had lost both of their jobs in last 6 months and I've been paying all the household bills and looking after them. But according to the SET(M) form my mum needs to meet financial requirement to apply for ILR, is there any way that I could show I am supporting the house and my parents to be eligible for ILR, cause this is really unreasonable for me to loose ILR, because my parents aren't making any money, But I do make around 30k and support my family.

The question is: Is there any way that I could prove to the HO that I support the house and that would help me grant Indefinite leave to remain

Any information would be greatly appreciated

Kind regards,
Latha

[zimba]

No you cannot support your mother's application, that might even become a negative point for your immigration process.

You arrived here as a child under a family route, so your status depends on your mother's status unless you qualify for another visa or ILR on your own. Children do NOT have a 5-year qualifying period requirement for ILR and simply settle when both parents settle. If your parents do not have any income, then your mother cannot settle under the 5-year route (assuming she is under such a route). So the solution for you and your mother will be to apply for another family visa extension using form FLR(FP) which does not have an income requirement and move to the 10-year route.

However, you could face a problem with your visas as you seem to be leading an independent life. In fact, your supporting the family may make any further visa extension or ILR application under the family route quite problematic:

Where a child has turned 18 years of age since the applicant was first granted entry
clearance or leave to remain as a parent under Appendix FM, the child must not
have formed an independent family unit or be leading an independent life.

‘Must not be leading an independent life’ or ‘is not leading an independent life’
means that the applicant does not have a partner (as defined in paragraph GEN.1.2.
of Appendix FM), is living with their parents (except where they are at boarding
school, college or university as part of their full-time education), is not employed
fulltime (unless aged 18 years or over), is wholly or mainly dependent upon their
parents for financial support (unless aged 18 years or over), and is wholly or mainly
dependent upon their parents for emotional support.
This is set out in paragraph 6 of the Immigration Rules.

https://assets.publishing.service.gov.u ... tances.pdf

Do you live with your parents ?

[latha888]

yes I do live with my family, and I work from my home. Will this be any good?

[latha888]

No you cannot support your mother's application, that might even become a negative point for your immigration process.

You arrived here as a child under a family route, so your status depends on your mother's status unless you qualify for another visa or ILR on your own. Children do NOT have a 5-year qualifying period requirement for ILR and simply settle when both parents settle. If your parents do not have any income, then your mother cannot settle under the 5-year route (assuming she is under such a route). So the solution for you and your mother will be to apply for another family visa extension using form FLR(FP) which does not have an income requirement and move to the 10-year route.

However, you could face a problem with your visas as you seem to be leading an independent life. In fact, your supporting the family may make any further visa extension or ILR application under the family route quite problematic:

Where a child has turned 18 years of age since the applicant was first granted entry
clearance or leave to remain as a parent under Appendix FM, the child must not
have formed an independent family unit or be leading an independent life.

‘Must not be leading an independent life’ or ‘is not leading an independent life’
means that the applicant does not have a partner (as defined in paragraph GEN.1.2.
of Appendix FM), is living with their parents (except where they are at boarding
school, college or university as part of their full-time education), is not employed
fulltime (unless aged 18 years or over), is wholly or mainly dependent upon their
parents for financial support (unless aged 18 years or over), and is wholly or mainly
dependent upon their parents for emotional support.
This is set out in paragraph 6 of the Immigration Rules.

https://assets.publishing.service.gov.u ... tances.pdf

Do you live with your parents ?

Zimba According to this link the child's income can be used towards financial requirement if there are not living independently- https://www.gov.uk/government/publicati ... 0a%20child.

[zimba]

yes I do live with my family, and I work from my home. Will this be any good?

Yes, that is good. Then your income can be used

[latha888]

Hi all,

I've submitted the application for ILR-set(M) with depended child who's aged 24 years, few days ago and I am waiting for my bio-metrics. My sponsor has been out of the country for last 4 months due to health related issues. Will sponsor being out of the country during the application process affect our visa decision? Any insights are greatly appreciated

Kind regards

[zimba]

Hi all,

I've submitted the application for ILR-set(M) with depended child who's aged 24 years, few days ago and I am waiting for my bio-metrics. My sponsor has been out of the country for last 4 months due to health related issues. Will sponsor being out of the country during the application process affect our visa decision? Any insights are greatly appreciated

Kind regards

Your spouse does not need to be here when applying

[AmazonianX]

Hi all,

I've submitted the application for ILR-set(M) with depended child who's aged 24 years, few days ago and I am waiting for my bio-metrics. My sponsor has been out of the country for last 4 months due to health related issues. Will sponsor being out of the country during the application process affect our visa decision? There will be no negative impact on your application because of this. Sponsor's movement is not restricted due to your ongoing application. Any insights are greatly appreciated

Kind regards

[latha888]

Good evening all,

I've submitted my set(M) application but still waiting for my final bank statement to arrive in the post. Could anyone tell me how many days do I have till to book the bio-metrics?

Thank you

[zimba]

Good evening all,

I've submitted my set(M) application but still waiting for my final bank statement to arrive in the post. Could anyone tell me how many days do I have till to book the bio-metrics?

Thank you

45 Working days. Also not digital bank statements are accepted

[latha888]

Good evening all,

I've submitted my set(M) application but still waiting for my final bank statement to arrive in the post. Could anyone tell me how many days do I have till to book the bio-metrics?

Thank you

45 Working days. Also not digital bank statements are accepted

Thanks Zimba

[latha888]

Hi everyone,

My bio-metrics is on the 9th what is the latest time I could upload my documents, and also there's isn't any 'Confirm upload' button on UKVCAS it just says uploaded after I upload my files. Any help would be greatly appreciated

Thanks

[zimba]

Hi everyone,

My bio-metrics is on the 9th what is the latest time I could upload my documents, and also there's isn't any 'Confirm upload' button on UKVCAS it just says uploaded after I upload my files. Any help would be greatly appreciated

Thanks

It might become available close to your appointment. Please note that everything will be checked on your appointment even if you do not confirm it

[latha888]

One last question,

What section should I upload my child's address proofs, Should they go under child's section or under the main applicant's section. Cause under the child's section there's no section called address proof or should I just put them in the 'Other' Section of Child document upload

Thanks

[AmazonianX]

One last question,

What section should I upload my child's address proofs, Should they go under child's section or under the main applicant's section. Cause under the child's section there's no section called address proof or should I just put them in the 'Other' Section of Child document upload

Thanks

It can go in either, all uploaded documents to support application will be checked so doesn't matter under what or which category it is uploaded.

[latha888]

Hi all,

I hope you all doing fine, I just want to Express gratitude to this forum for helping me with my questions at the right time. Also me(child who is above 18) have used my own income as a financial requirement for ILR application along with my mother as both my mum and dad had lost their and we couldn't risk for going on a 10 year visa as many said we would put on a 10 year route without knowing the proper rules. The Financial requirement guidance clearly states that income of a child can be used as long as he is 18 or above. To everyone of you in my situation just go by the rules and you'll be fine. I only had to make sure that I still live with my parents and dependent on them by providing the address proofs same as my mum and my dad. I wish you all, the best who is still waiting for their ILR and stay positive.

Thank you

[AmazonianX]

Hi all,

I hope you all doing fine, I just want to Express gratitude to this forum for helping me with my questions at the right time. Also me(child who is above 18) have used my own income as a financial requirement for ILR application along with my mother as both my mum and dad had lost their and we couldn't risk for going on a 10 year visa as many said we would put on a 10 year route without knowing the proper rules. The Financial requirement guidance clearly states that income of a child can be used as long as he is 18 or above. To everyone of you in my situation just go by the rules and you'll be fine. I only had to make sure that I still live with my parents and dependent on them by providing the address proofs same as my mum and my dad. I wish you all, the best who is still waiting for their ILR and stay positive.

Thank you

Congratulations

[Zemster]

Dear Laitha,
First of all. Congratulations to you and your family. Second, thank you for sharing your experience.
It looks like I'm on very similar situation, my son entered the country when he was 17. Then we failed with extension and HO put me on 10 years route. I reapplied and started 5 years again. I need to apply for ILR with my son very soon. I have been asking every lawyer and all of them insisted that I must show financial dependency of my son, who is now 24yo, graduated and earn more than his parents. The lawyers keep saying that he can't work full time otherwise, he may lose his ILR.
I'm going to apply based on cash savings. Recently I have started to fill the application form and once I've got to dependent part, it was in red saying that if my child is over 18, I still need to show his financial dependency. He lives with us but suddenly, in December was transferred to London with his job where he has to rent the room. His contract will finish in the end of May and our BRP will expire on June 18.
Would you suggest to wait until his contract finish as he works in London ? All his correspondence is coming to our address so I can proof it as a main address. Were there any questions regarding your job ? Or you only submitted your income to support financial requirements?
Have you used priority service ?
Thank you in advance!

[zimba]

Dear Laitha,
First of all. Congratulations to you and your family. Second, thank you for sharing your experience.
It looks like I'm on very similar situation, my son entered the country when he was 17. Then we failed with extension and HO put me on 10 years route. I reapplied and started 5 years again. I need to apply for ILR with my son very soon. I have been asking every lawyer and all of them insisted that I must show financial dependency of my son, who is now 24yo, graduated and earn more than his parents. The lawyers keep saying that he can't work full time otherwise, he may lose his ILR.
I'm going to apply based on cash savings. Recently I have started to fill the application form and once I've got to dependent part, it was in red saying that if my child is over 18, I still need to show his financial dependency. He lives with us but suddenly, in December was transferred to London with his job where he has to rent the room. His contract will finish in the end of May and our BRP will expire on June 18.
Would you suggest to wait until his contract finish as he works in London ? All his correspondence is coming to our address so I can proof it as a main address. Were there any questions regarding your job ? Or you only submitted your income to support financial requirements?
Have you used priority service ?
Thank you in advance!

This is not your post. Ask your query separately by starting your own topic !!
There is no requirement for demonstrating financial dependency at all for an adult dependant