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child visitor to apply ILR?

Posted: Sun May 11, 2014 1:28 pm
by erkadondog
Hi all Im new in this board,

I am married to a british citizen. Im a spouse visa holder and going to apply ILR on SET(M) form soon. I have a daughter (15 years old) from my previous relationship who is on visitor visa for 6 months. She came here in the UK 4 months ago. I'm now only one who support her. my question is CAN I include my daughter on my SET M form as my dependent?, and to be honest Im not sure if she eligible to apply for ILR!!!

Erka
cheers

Re: child visitor to apply ILR?

Posted: Sun May 11, 2014 11:28 pm
by erkadondog
erkadondog wrote:Hi all Im new in this board,

I am married to a british citizen. Im a spouse visa holder and going to apply ILR on SET(M) form soon. I have a daughter (15 years old) from my previous relationship who is on visitor visa for 6 months. She came here in the UK 4 months ago. I'm now only one who support her. my question is CAN I include my daughter on my SET M form as my dependent?, and to be honest Im not sure if she eligible to apply for ILR!!!

Erka
cheers
Please

Re: child visitor to apply ILR?

Posted: Mon May 12, 2014 7:38 am
by Amber
Do you formally have sole responsibility for her?

Re: child visitor to apply ILR?

Posted: Mon May 12, 2014 10:36 am
by erkadondog
Amber_ wrote:Do you formally have sole responsibility for her?
yes Im the only one who is responsiblity for her,

Re: child visitor to apply ILR?

Posted: Mon May 12, 2014 12:25 pm
by Amber
How can you evidence that?

Re: child visitor to apply ILR?

Posted: Mon May 12, 2014 10:58 pm
by erkadondog
Amber_ wrote:How can you evidence that?
I'm her mother, only my name is on her birth certificate, and my name is used as her surname,

if I have a sole responsibility for her then is she eligible to apply for ILR with me?

Re: child visitor to apply ILR?

Posted: Tue May 13, 2014 6:56 am
by Amber
The child should have leave to remain before applying for settlement.

Re: child visitor to apply ILR?

Posted: Tue May 13, 2014 8:55 am
by erkadondog
Amber_ wrote:The child should have leave to remain before applying for settlement.
So can she apply LTR on form FLRO without leaving UK?
What is the best option for her please?
Thanks in advance

Re: child visitor to apply ILR?

Posted: Tue May 13, 2014 11:01 am
by Amber
I would think that would be appropriate or perhaps FLR(FP), explain in the application that you are due to settle soon. When the child is granted leave s(he) should be able to settle with you on SET(M) or on SET(F) after you settle.

Re: child visitor to apply ILR?

Posted: Tue May 13, 2014 11:07 am
by erkadondog
Amber_ wrote:I would think that would be appropriate or perhaps FLR(FP), explain in the application that you are due to settle soon. When the child is granted leave s(he) should be able to settle with you on SET(M) or on SET(F) after you settle.
Ok thank you so much of your generious help.

Re: child visitor to apply ILR?

Posted: Sat May 17, 2014 9:17 pm
by erkadondog
Amber_ wrote:I would think that would be appropriate or perhaps FLR(FP), explain in the application that you are due to settle soon. When the child is granted leave s(he) should be able to settle with you on SET(M) or on SET(F) after you settle.
Hi Again

what if I will send my daughter to my country before her visitor visa run out and will bring her back after I get ILR?

1.in this case what route is better to come to the UK and get iLR?
2.can she straight apply for ILEnter?
3.will she be subject to financial requirement?
4.what form will she fill for?

many thanks
Erka

Re: child visitor to apply ILR?

Posted: Sat May 17, 2014 10:43 pm
by Amber
Yes, you may be able to do that. It would be VAF4A and adequate maintenance not a Financial Requirement.

You'd need to show sole responsibility remember.

Re: child visitor to apply ILR?

Posted: Sun May 18, 2014 7:05 am
by erkadondog
Amber_ wrote:Yes, you may be able to do that. It would be VAF4A and adequate maintenance not a Financial Requirement.

You'd need to show sole responsibility remember.
Many thanks Amber, but still more questions please

Q1: If I include my daughter in my SETM form as my dependent child along with explanation letter then will my whole application treated as invalid and send it back to me? ( I know you said i cant do that) or give ILR only to me and refuse to give my daughter ILR if they think its wrong?

Q2: if I apply SETM individually and my daughter apply separate FLR FP ( as you said) but in a same envelope then if home office think my daughters application is wrong then it will affect my SETM application OR they consider my one first then daughter's one next?

Cheers again.

Re: child visitor to apply ILR?

Posted: Sun May 18, 2014 10:22 am
by Amber
The issue is, your daughter was born abroad, thus, should have or have had valid leave to enter/remain before settling.

See, 296 (click) on-wards.