ILR - Set (LR) queries regarding my son (13 years old) -

[tempkd10]

I will be applying ILR under Set (LR) for my son.
I have got my British citizenship in June 2022.
He joined me in oct 2011 but has more than 6 months gap between Nov 2013 to June 2014.
He joined me back in June 2014 and next month (June 2024) he will be completing 10 years.
He has been in ICT dependant Visa till July 2020 and later on family visa which is valid till Jan 2026.
I am planning to apply for my son first on priority service as his Indian passport is expiring in Dec 2024. Then later I will apply for my wife ILR – Set LR.

Below are my queries -

1. I can apply for my son ILR Set (LR) on it owns. (without the mother ILR) Is that fine?

2. Do you have an email address? I do not have an email address.
I have used my email address (above que) so I can do the correspondence. Is that fine?

3. Provide your telephone number I cannot be contacted by telephone
I have not provided his mobile no (above que) so i can do the correspondence. Is that fine?

4. When did you first enter the UK? June 2014
Should I provide Oct 2011 or June 2014 (last 10 years continuous time) in above que.

5. "Since you started living in the UK have you spent any time outside the UK? Yes
should i Provide details for 13 years or last 10 years”?

6. I guess i can apply for his ILR (Set LR) 28 days before completing 10 years. Please confirm.

7. Are you currently employed or self-employed? I am a student
As he is studying i think above is the best answer. Please confirm.

8. Once I get my son ILR (Set LR) does he need to wait for 1 year for his British citizenship as I have done it, or he can apply it quicker. Let me know.

9. Does his Indian passport validity have any impact on his ILR (Set LR) application. Does it need to be valid while applying or valid for next 6 months. Please confirm.

Thanks in Advance.
DK.

[zimba]

1. Yes. SET(LR) can only be applied independently
2. You should use YOUR contact details as you are the parent
3. You should use YOUR contact details as you are the parent
4. Use the June 2014 date
5. Only cover the last 10 years
6. Correct
7. Correct
8. He can be registered via discretion as British, using form MN1 but ONLY after your wife gets ILR
9. Valid at the time of application is enough

[tempkd10]

Thanks Zimba for your reply to my queries.
I really appreciate it.

[tempkd10]

HI,

I have completed my son ILR (Set LR) application form but had few queries on it before i submit it.

1. under declaration i have provided below answers please let me know if they are fine.

1.1 Consent

I will provide a declaration signed by me to confirm my consent for the Home Office to request verification checks
– YES

Are you relying on evidence from someone else to Yes prove your financial circumstances?
- YES

Any other person(s) providing evidence to prove your financial circumstances should download, sign and submit the declaration for third party consent. If we do not have their consent then we may not be able to take that evidence into account when considering your application, and so your application may be refused.
- I understand that by ticking this check box I am giving consent to verification checks. I will provide a declaration signed by each person who is providing evidence to prove my financial circumstances

1.2 Third party declaration

In what capacity are you representing the applicant Family member (s)?
- Family member

How are you related to applicant name?
- Father

Then I have entered my name, phone no , email address and house address.

Note - sorry i was unable to attached the screenshot here.

2. Also in family consent forms

1st form (PART 1) needs to signed by applicant so it will be just my son or its me as i am applying on his behalf or is it both my son and i have to sign.
please confirm.

2nd form (Part 2) needs to signed by both me and my wife has to sign. (as i am also showing her document that we are living as a family at same address).
please confirm.

3rd form (Part 3) - does this needs to be signed. Let me know.

Thanks in advance.
DK

[zimba]

Part 1 and 2 will be signed by you. Part 3 is ignored

[tempkd10]

Thanks Zimba.

Could you also let me know that below answers filled by me are correct.

1. under declaration i have provided below answers please let me know if they are fine.

1.1 Consent

I will provide a declaration signed by me to confirm my consent for the Home Office to request verification checks
– YES

Are you relying on evidence from someone else to Yes prove your financial circumstances?
- YES

Any other person(s) providing evidence to prove your financial circumstances should download, sign and submit the declaration for third party consent. If we do not have their consent then we may not be able to take that evidence into account when considering your application, and so your application may be refused.
- I understand that by ticking this check box I am giving consent to verification checks. I will provide a declaration signed by each person who is providing evidence to prove my financial circumstances

1.2 Third party declaration

In what capacity are you representing the applicant Family member (s)?
- Family member

How are you related to applicant name?
- Father

Then I have entered my name, phone no , email address and house address.

Note - sorry i was unable to attached the screenshot here.

[zimba]

Those answers are OK. They are immaterial to the outcome of the application. Follow what I told you above

[tempkd10]

Thanks Zimba for quick reply.
Really appreciate it.

[tempkd10]

Hi,

I have got my son ILR (Set LR) approval email.
As mentioned earlier (Refer below)

8. Once I get my son ILR (Set LR) does he need to wait for 1 year for his British citizenship as I have done it, or he can apply it quicker. Let me know.
8. He can be registered via discretion as British, using form MN1 but ONLY after your wife gets ILR

I have below queries -

1. I can apply for my Son naturalization as soon as I get my wife ILR (Set LR) Approval email or do I need to wait for her BRP ? (As per my son ILR approval email they are still sending BRPs)
2. Do I need apply for naturalization for both my son and wife at the same time or can I just apply it for my son ? (I intend to only apply for my son as his passport is expiring in 1st week of dec 2024.)

Please confirm on above 2 queries.

Thanks,
DK

[zimba]

1. When your wife gets ILR approval, your son can be registered.
2. There is no need for your wife to naturalise at all. Your wife may apply to naturalise later if she wishes.

[tempkd10]

Thanks a lot zimba.

I am planning to apply my wife ILR (Set LR) and had some queries -

1. she can use her IELTS Life Skills - B1 (CEFR Level) certificate for proving her English language skill for ILR (SET LR) ?

2. You must have permission to stay (‘leave to remain’). which is Yes.
Her last Family visa (Partner FLR - M) approval email - 27/6/2023 and expiry - 24/1/2026.

3. You’ll usually need to have held your current permission for one year.
does that mean she can only apply after 27/6/2024 for ILR (SET LR) ?

4. she got below holidays out of UK. She entered 6/6/2014 (continuous 10 year period). She was dependant on my work visa - ICT and when later on family visa once i got my ILR (SET LR).
so she should be fine for applying ILR (SET LR) ?

2015 - 6 weeks (July - Aug)
2017 - 6 weeks (July - Aug)
2019 - 6 weeks (July - Aug)
2024 - 2 weeks (May)

5. While applying for SET (LR) online form I got below info on the first page -

Use this form if you have lived in the UK lawfully for 10 years continuously and now want to apply to settle in the UK.

If you are the spouse or partner of someone who is settled and currently living in the UK and you have completed the relevant period of continuous leave in the UK using the 'Family Route', you cannot use this form. You must instead apply using the form Apply to settle in the UK - Partner of a person or parent of a child already settled in the UK.

I got my ILR on 2nd week of Oct 2020 and Naturalization on 3rd week of 2022.
So I can apply for her ILR (SET LR) route that will be quicker and not by Family visa route. Also is there any other way she can apply for ILR now which has less fees. let me know.


Could you please let me know about above queries.

Thanks in Advance
DK

[zimba]

1. All ILR applicants need to have B1

2,3. It is 12 months under the current immigration ROUTE (not just the last visa issued). She should have been under the family route for more than 12 months. So for example, if she has been under the family route for 2 years but just extended her visa last month, then she has been under the family ROUTE for more than 12 months and her newest visa issue date is NOT relevant.

4. For the long residence, the 10 years are counted backwards from the relevant date and you need 10 years of 'presence' in the UK. So need to consider a relevant date and count backwards. Which relevant date you might ask?

The immigration rules paragraph CR 6.1 says:

CR 6.1. The continuous residence periods in CR 2.1., CR 2.2. and CR 2.2A. will be calculated by counting back from whichever of the following dates is the most beneficial to the applicant:
(a) the date of application; or
(b) any date up to 28 days after the date of application; or
(c) the date of decision; or
(d) for a person applying for settlement on the UK Ancestry route, the date of their last grant of permission.

5. That note is there so that people who want to apply under the family route do not mistakenly apply using SET(LR). It is NOT telling you that you cannot apply using SET(LR) if you currently have a family visa.

[tempkd10]

Thanks a lot zimba for quick reply.
I really appreciate it.

3. yes she is in family route for more than 3 years now. 1st one issued in Feb 2021. (family route visa)
2nd one issued in June 2023.

4. yes she has been in UK for more than 10 years now. (with start date as 6/6/2014 - continuous 10 year period with holidays outside UK not exceeding 180 day in a year).

5. Great will go with the ILR (SET LR) application for my wife.

Thanks.
DK

[tempkd10]

Hi,

I have got below queries after completing my wife ILR application. (SET LR)

1. Who does child normally live with? You (wife as applicant)

its gives 3 option you or with father or other, so i guess i should just specify with my wife. (child lives with both of us but it does not have option where i can specify both)

2. Do you have a previous visa, entry clearance or leave to remain where you had to prove your knowledge of English? YES

Tell us the previous visa, entry clearance or leave to remain you had - I have specified the BRP card number for 1st Family visa (when my wife has given her A1 English test) issued in Feb 2021 (applied in July 2020)

should i mention the current BRP Number. (where she got her B1 English test passed) issued in June 2023.
Also do i need to mention BRP no or visa application number or anything else ?

Could you please confirm on these above queries.

Thanks in advance,
DK

[zimba]

1. This is ok
2. Provide current BRP. Again the UKVI will check this on their own

[tempkd10]

Thanks Zimba.
Your hep is much appreciated.