Immigrationboards.com

Dear Moderators,

I came to the UK on company sponsored Tier 2 General visa, completed 5 years in the UK and I was granted ILR recently after I submitted my ILR application. My wife is currently in the UK as a PBS Dependent and she will be applying for ILR in September 2019 once she completes 5 years in the UK. My 3.5 years old son was born in the UK and is currently in the UK as a PBS Dependent. The PBS Dependent visa of my wife and son are valid till June 2020. We don't intend to apply for UK citizenship for either of us and want to continue on ILR only.

When I submitted my ILR application through super priority service, I also applied for my son's ILR along with me (added him in the same application). My ILR application was approved but my son's application was refused by Home Office with the following reason:

"On the basis that both of your parents are not settled in the United Kingdom and it is not considered that you meet any of the exceptions your application has been refused under Paragraph 319J as you do not meet the requirements at Paragraph 319J(e) of the Immigration Rules."


Following are my queries:

1) Should I apply for my son's ILR along with my wife's ILR application (i.e. both in the same application) or I only apply for my wife's ILR application and after she receives her ILR, I apply for my son's ILR separately?

2) If I apply for my son's ILR separately after my wife receives her ILR, would my son need to complete 5 years in the UK before he becomes eligible for ILR?

3) Will I need to use Form Set(O) for my wife's & son's ILR application? I have come across Form Set(F) & Set(M) but not sure about their purpose.


Please can you help me with above as I have to be extra cautious now because of refusal of my son's ILR and the loss I have suffered in terms of non-refundable visa fees. Thanks.

1) Should I apply for my son's ILR along with my wife's ILR application (i.e. both in the same application) or I only apply for my wife's ILR application and after she receives her ILR, I apply for my son's ILR separately?

Include with wife's application. Wife as main applicant, child as dependent.

2) If I apply for my son's ILR separately after my wife receives her ILR, would my son need to complete 5 years in the UK before he becomes eligible for ILR?

No.

3) Will I need to use Form Set(O) for my wife's & son's ILR application? I have come across Form Set(F) & Set(M) but not sure about their purpose.

Form Set O. The other two are not relevant to their visa category.

Thank you. This helps.

Just to be sure I have understood it correctly, I can apply for my son's ILR along with my wife's (where wife is main applicant and son dependent) OR I can apply for my son's ILR separately after my wife receives her ILR. The choice is mine right, about which option I choose?

Asking this because want to know whether choosing a particular option out of the above is more safer in getting the ILR for my son than the other option.

Thanks.

Just to be sure I have understood it correctly, I can apply for my son's ILR along with my wife's (where wife is main applicant and son dependent)

Yes.

OR I can apply for my son's ILR separately after my wife receives her ILR. The choice is mine right, about which option I choose?

Your choice but yes you could do that. Child would then use either form Set O or Set F. You can also then expect UKVI to write and ask about the child and this will potentially delay your wifes' application.

Asking this because want to know whether choosing a particular option out of the above is more safer in getting the ILR for my son than the other option.

No real difference. The child qualifies for ILR when your spouse does, thats it.

Hi,

Sorry, few more questions regarding my son's ILR application form:

1) While filling ILR application for my son (where wife is main applicant and son dependent), there is a question which asks "When did you first enter the UK?". Since my son was born in the UK so I assume that I need to mention his date of birth. Am I correct?

2) There is another question which asks "Have you ever been refused a visa for the UK". Should I answer it as 'Yes' considering that his ILR was refused because his both parents have not received their ILR yet as explained in the thread above or should I answer it as 'No' considering that my son is already living in the UK on PBS dependent visa and there is no previous instance where his dependent visa was refused?

Will appreciate your view. Thanks.

1) While filling ILR application for my son (where wife is main applicant and son dependent), there is a question which asks "When did you first enter the UK?". Since my son was born in the UK so I assume that I need to mention his date of birth. Am I correct?

Date of birth yes as you are not applying for citizenship, which he is entitled to until the age of 18.

2) There is another question which asks "Have you ever been refused a visa for the UK". Should I answer it as 'Yes' considering that his ILR was refused because his both parents have not received their ILR yet as explained in the thread above or should I answer it as 'No' considering that my son is already living in the UK on PBS dependent visa and there is no previous instance where his dependent visa was refused?

You can say yes. It won't affect the application and HO have the full details of the refusal.

Hi,

When my wife fills ILR Set(O) application for herself and my son (where she is main applicant and son as dependent), should she mention my Tier 2 General BRP No. and not my recently acquired ILR BRP no. under the 'The person you are joining or accompanying' section of the application? Thanks.

Hi, please can you help me on my above query. Thanks.

Dear Moderators,

I have recently acquired my ILR after spending 5 yrs in the UK on Tier 2 General visa. My wife is currently in the UK as a PBS Dependent and she will be applying for ILR in September 2019 once she completes 5 years in the UK. My 3.5 years old son was born in the UK and is currently in the UK as a PBS Dependent. My wife will add my son's name in the same application (wife as main applicant and son as dependent) when she applies for her ILR. We don't intend to apply for UK citizenship for either of us and want to continue on ILR only.

Following are my queries:

1) When my wife fills ILR Set(O) application for herself and my son (where she is main applicant and son is dependent), should she mention my Tier 2 General BRP No. and NOT my recently acquired ILR BRP no. under the 'The person you are joining or accompanying' section of the application?

2) Will my wife need to submit any cohabitation evidence when she applies for her ILR? If yes, what evidences can be submitted?

3) Will my wife need to submit birth certificate of our son born in the UK?

4) Will my wife need to submit copy of my ILR BRP and passport?


Please note that the document checklist in Set(O) form does not specify the documents listed above in points 2, 3, 4 to be submitted so need to know whether these are really required to be submitted?


Will appreciate if you can help with above queries. Thanks.

Hello,

I was recently granted UK ILR and my wife who is currently in the UK as a PBS Dependent will be applying for ILR in September 2019 once she completes 5 years in the UK.

My wife will be providing the required co-habitation documents along with her application. Some of the documents have got her name which she used to use before marriage and some documents have got her name which she currently uses (after marriage).

To ensure that this name difference does not cause a problem during her ILR application process, we have got an affidavit from a notary public stating that both these names are of the same person. We will be submitting this affidavit along with a copy of our marriage certificate.

Please can you tell that for ILR purposes, this notarized affidavit is considered a valid document to establish the fact that a person with different names is basically the same person? Also, is there any other document which we should submit to support this name difference issue? Thanks.

Will appreciate your response.

You are overthinking.

we have got an affidavit from a notary public stating that both these names are of the same person. We will be submitting this affidavit along with a copy of our marriage certificate.

NOT required. The marriage certificate is proof enough on its own.

Hi,

I got my UK ILR via the Tier 2 General route and my PBS dependent wife is in the process of filling out the ILR application (Set (o) form) for herself and our son (wife as main applicant and son as dependent). While filling the application form, she noticed two new questions which were not there a month ago and we are not too sure how should we answer those questions. Following are the two questions as they appear in the application form and my queries below them:

1) "Which visa is Mr xxxx applying for or been granted? Choose the route that Mr xxxxx has applied for or been granted, even if their application is still being processed". The question also asks to specify the VAF/GWF reference nos.

Question: The answer options for this question are: Tier 2 (General) visa, Tier 2 (Sportsperson) visa, Tier 2 (Minister of Religion) visa and Tier 2 (Intra-country transfer) visa. Since I have already been granted ILR earlier and it is my wife & son who are applying for their ILR now, we are not sure which answer option should we choose as 'Indefinite Leave to Remain' which I have been granted is not one of the answer options. Should we choose 'Tier 2 (General) visa' as the answer to this question even though I am neither applying for 'Tier 2 (General) visa' nor granted 'Tier 2 (General) visa' as ILR has already been granted to me?

2) "What is Mr xxx sponsor licence number? You can find this information on Mr xx CoS or CAS statement. If you provide this number, it will help us to link your applications together"

Question: This question appears if I choose 'Tier 2 (General) visa' as the answer to the question above (no.1). I can take the sponsor licence number mentioned in the CoS which was issued to me for my Tier 2 (General) visa however I am not sure if I should choose 'Tier 2 (General) visa' as the answer to the question above (no.1).

Please can you help with the above queries. Thanks.

Dear Moderators,

Please can you help me with the above queries as it is a bit urgent. Thanks.

Hi,

1) "Which visa is Mr xxxx applying for or been granted?

For your first question, I believe you should select Tier 2 General.

However I recommend some senior member to comment. I am also in a similar scenario awaiting to find what is VAF/GWF reference nos...

Hi,

Please can a senior member from the forum comment on the above queries?

@prss_vel83 - The VAF no. can be found on the visa sticker.

@AshutoshL Thanks mate.

Are you saying VAF will be there in the initial visa sticker in Indian passport? In my scenario, I surrendered Indian passport and received British passport !!!