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18 years old dependent for ILR

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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Et1234
Junior Member
Posts: 63
Joined: Sun Aug 03, 2014 1:27 pm

Some queries on SET (O) Form

Post by Et1234 » Tue Aug 15, 2017 9:46 am

Hi
I have some queries on some aspects on the form, pls clarify and explain to help. Thanks in advance.
Section 6 - Immigration history (p.22)

If you have had a gap between periods of valid leave, your leave will only be considered to be
continuous if the late application was submitted:
• before 24 November 2016 and no more than 28 days after your previous leave expired
• on or after 24 November 2016 and no more that 14 days after your previous leave expired
and we consider that there is a good reason beyond your control for the delay
• on or after 24 November 2016 and following the refusal of a previous application for leave
which was made in-time or for which the Secretary of State considered there was a good
reason why it could not be made in-time; and within 14 days of:
▪▪ the refusal of the previous application for leave; or
▪▪the expiry of any leave which has been extended by section 3C of the Immigration Act
1971; or
▪▪ the expiry of the time limit for making an in-time application for administrative review or appeal
(where applicable); or
▪▪ any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.
Where you have had one or more gaps of leave after 24 November 2016 and of less than 14
days during your qualifying period, you must provide evidence which demonstrates the reason
for the delay(s). This includes situations where your application for settlement falls under one of
the previous bullet points.

I don't really understand these. My absence were mainly holidays and visit home country for not longer than a month? Do I fall into one of the criteria above?[/i]

Section 12 - Documents, p.75-76
I don't understand these few paras:
If you have a spouse or civil partner listed in section 2 of this application form who is applying
at the same time as you, please provide documentary evidence of cohabitation since you
were last granted leave (up to a maximum of two years). Evidence provided should cover the
whole period and be in the form of official letters or documents, addressed to yourself and
your spouse.
My wife is my dependent in Tier 2 visa, I thought they have established that when they issued the visa for us?

Evidence of your finances. If you have to complete section 5, bank statements, building
society savings book(s), pay slips or other formal documents as evidence of your ability to
maintain and accommodate yourself and any dependants without recourse to public funds.
(See Note 4).
Similar to para above, hasn't this has been established and provided in my Tier 2 visa, plus there will be letter from employer to state that I am needed for employment for this application.


12G Tier 2 migrant, p.78
For the period before you were granted leave as a Tier 2 migrant, documents showing that
you met the relevant requirements of the immigration rules.

What documents are required above??


Other queries other than SET (O) Form
1. The right date to apply.
My Tier 2 visa (approved and applied twice)
Issued date: 26/04/13 Valid through: 24/02/16
Issued date: 09/03/16 Valid through: 10/03/2019

Can I apply on and after 27/4/18 after the 5 years requirement?

Payment method
How can I pay the fee using 2 different cards or combination of methods?

18 years old dependent
One of my sons is 18 years old by the time we apply ILR, I know he must apply with separate SET (O) Form, but do I still include him as my dependent under section 2?

Appreciate your time to look into my queries.

Many thanks
Ed Tew

Et1234
Junior Member
Posts: 63
Joined: Sun Aug 03, 2014 1:27 pm

Re: Some queries on SET (O) Form

Post by Et1234 » Wed Aug 16, 2017 10:59 am

I have another question on my application.
Should my wife (dependant) fill up separate SET (O) form?
As the form in Section 2 (p.11) only mentions children age 18 or over must apply separately.

Thanks

Ed Tew

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CR001
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Re: Some queries on SET (O) Form

Post by CR001 » Wed Aug 16, 2017 11:21 am

Et1234 wrote:I have another question on my application.
Should my wife (dependant) fill up separate SET (O) form?
As the form in Section 2 (p.11) only mentions children age 18 or over must apply separately.

Thanks

Ed Tew
No, inlcude her in your form as dependent.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Et1234
Junior Member
Posts: 63
Joined: Sun Aug 03, 2014 1:27 pm

Re: Some queries on SET (O) Form

Post by Et1234 » Wed Aug 16, 2017 11:41 am

CR001 wrote:
Et1234 wrote:I have another question on my application.
Should my wife (dependant) fill up separate SET (O) form?
As the form in Section 2 (p.11) only mentions children age 18 or over must apply separately.

Thanks

Ed Tew
No, inlcude her in your form as dependent.

Thanks, can anyone answer my queries raised from the beginning?

Thanks
Ed Tew

Et1234
Junior Member
Posts: 63
Joined: Sun Aug 03, 2014 1:27 pm

Queries on the form.

Post by Et1234 » Tue Aug 22, 2017 6:03 pm

Hi
I have some queries on some aspects on the form, pls clarify and explain to help. I posted this a few weeks before but no answers to my queries so far. Thanks in advance.

Section 6 - Immigration history (p.22)

If you have had a gap between periods of valid leave, your leave will only be considered to be
continuous if the late application was submitted:
• before 24 November 2016 and no more than 28 days after your previous leave expired
• on or after 24 November 2016 and no more that 14 days after your previous leave expired
and we consider that there is a good reason beyond your control for the delay
• on or after 24 November 2016 and following the refusal of a previous application for leave
which was made in-time or for which the Secretary of State considered there was a good
reason why it could not be made in-time; and within 14 days of:
▪▪ the refusal of the previous application for leave; or
▪▪the expiry of any leave which has been extended by section 3C of the Immigration Act
1971; or
▪▪ the expiry of the time limit for making an in-time application for administrative review or appeal
(where applicable); or
▪▪ any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.
Where you have had one or more gaps of leave after 24 November 2016 and of less than 14
days during your qualifying period, you must provide evidence which demonstrates the reason
for the delay(s). This includes situations where your application for settlement falls under one of
the previous bullet points.

I don't really understand these. My absence were mainly holidays and visit home country for not longer than a month? Do I fall into one of the criteria above?


Section 12 - Documents, p.75-76
I don't understand these few paras:
If you have a spouse or civil partner listed in section 2 of this application form who is applying
at the same time as you, please provide documentary evidence of cohabitation since you
were last granted leave (up to a maximum of two years). Evidence provided should cover the
whole period and be in the form of official letters or documents, addressed to yourself and
your spouse.
My wife is my dependent in Tier 2 visa, I thought they have established that when they issued the visa for us?

Evidence of your finances. If you have to complete section 5, bank statements, building
society savings book(s), pay slips or other formal documents as evidence of your ability to
maintain and accommodate yourself and any dependants without recourse to public funds.
(See Note 4).
Similar to para above, hasn't this has been established and provided in my Tier 2 visa, plus there will be letter from employer to state that I am needed for employment for this application.


12G Tier 2 migrant, p.78
For the period before you were granted leave as a Tier 2 migrant, documents showing that
you met the relevant requirements of the immigration rules.

What documents are required above??


Other queries other than SET (O) Form
1. The right date to apply.
My Tier 2 visa (approved and applied twice)
Issued date: 26/04/13 Valid through: 24/02/16
Issued date: 09/03/16 Valid through: 10/03/2019

Can I apply on and after 27/4/18 after the 5 years requirement?

Payment method
Can I pay the fee using 2 different cards or combination of methods?

18 years old dependent
One of my sons is 18 years old by the time we apply ILR, I know he must apply with separate SET (O) Form, but do I still include him as my dependent under section 2?

Appreciate your time to look into my queries.

Many thanks
Ed Tew

User avatar
CR001
Moderator
Posts: 88129
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Queries on the form.

Post by CR001 » Tue Aug 22, 2017 7:29 pm

The likely reason you are not getting responses is because you have posted such a long post asking so many questions in one go. It puts members off.

Have you read the guidance notes for form Set(O)?

Holidays is NOT a gap in visas. What Section 6 refers to is gap in actual visas.

Section 12, you have to submit evidence of cohabitation for you/spouse, in either joint names or individual names spread evenly over the last 2 years from at least 6 to 12 different sources, depending if jointly addressed or not.

Section 5, 3 months bank statements and 3 months payslips should be fine. You also have to submit a letter from your employer detailing your employment etc and clearly stating you '.....will still be required in xyz position for the forseeable future'.

12G - CoS or SoC code, absence letter, employment details etc.

Other Queries
1. You can apply no sooner than WITHIN 28 days BEFORE you reach the full 5 years residence.

2. You pay online, not sure if you can pay using two cards.

3. Yes and No I don't think so but wait for others to reply.

Do you meet the salary requirement for ILR?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Et1234
Junior Member
Posts: 63
Joined: Sun Aug 03, 2014 1:27 pm

Re: Queries on the form.

Post by Et1234 » Wed Aug 23, 2017 1:13 pm

Thanks to CR001 for your reply. Sorry for my ignorance for posting long post, I will take note of that.
Yes, I have download the guidance notes but it was only 11 pages with limited guidance.
Can I clarify a few queries here and thank:
Holidays is NOT a gap in visas. What Section 6 refers to is gap in actual visas.
My Tier 2 visa (approved and applied twice)
Issued date: 26/04/13 Valid through: 24/02/16
Issued date: 09/03/16 Valid through: 10/03/2019
Notice that there is gap between 24/02/16 and 09/03/16, I counted it is 14 days gap, but S6 states condition for application before, on or after 24 Nov 16. So I guess I am not affected, am I? I did not apply late for my second 3-years tier 2 visa, HO just issue the second one with gap from my first one. I wonder why.

With the issued date starting from 26/04/13, my full term for 5 years to apply ILR will be on says 24/04/18, but I have leave till 10/3/09, I can apply my ILR after 24/4/18, can't I? or must I strictly follow the rule no sooner than WITHIN 28 days BEFORE you reach the full 5 years residence.

You mentioned I pay online, so far GOV.UK and Form Set (O) only tell me about payment by post on payment details, or fill up credit/debit card details. Can you tell me where the online payment takes place? It also appears to be the application only can be made by filling up paper form, no online form on Gov.uk. Pls advise.

Yes, I met the salary requirement for ILR.

Thanks again for taking time to read and help to clarify.

Ed Tew

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: Queries on the form.

Post by CR001 » Wed Aug 23, 2017 1:23 pm

The gap is not an issue as you APPLIED before your previous visa expired.

If you apply by post, complete the payment shert in the form.

Ypu can apply up to 28 days BEFORE you reach 5 years. You dont have to wait till EXACTLY 5 years. If you only want to apply i April the you can, there is no rule saying you cant. Remeber that fee increase on 6th April every year.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Et1234
Junior Member
Posts: 63
Joined: Sun Aug 03, 2014 1:27 pm

Re: Queries on the form.

Post by Et1234 » Wed Aug 23, 2017 1:42 pm

That's again.
I guess I only have one more query to clear, i.e. about my 18 years old dependant.
I shall create a new post on that.
Thanks !!!

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CR001
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Re: Queries on the form.

Post by CR001 » Wed Aug 23, 2017 1:48 pm

No you can continue asking the questions in this topic.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Et1234
Junior Member
Posts: 63
Joined: Sun Aug 03, 2014 1:27 pm

Re: Queries on the form.

Post by Et1234 » Wed Aug 23, 2017 6:43 pm

18 years old dependent
One of my sons is 18 years old by the time we apply ILR, I know he must apply with separate SET (O) Form, but do I still include him as my dependent under section 2?

He will be still in FT education (6th Form) by that time, can someone share or tell me what documents should I provide with his separate SET (O) Form?

He is now working PT (hourly paid) for 3 days a week, not more than 20 hours a week, most likely quit this PT job to prepare for his A level exam, does he need to declare his previous income, which I think it is not material?


Thanks

Ed Tew

Et1234
Junior Member
Posts: 63
Joined: Sun Aug 03, 2014 1:27 pm

Re: Queries on the form.

Post by Et1234 » Wed Sep 06, 2017 2:22 pm

Can anyone help answering my queries??

Thanks
Ed

Et1234
Junior Member
Posts: 63
Joined: Sun Aug 03, 2014 1:27 pm

Online application

Post by Et1234 » Wed Sep 06, 2017 2:27 pm

Hi
Does anyone apply ILR via online portal?
For my knowledge, all the while I know it is only available for POSTAL and F2F application. Someone told me there is a online application where you key in all details and submit online for application. Something similar to my previous T2 application.

Can anyone confirm whether there is one ONLINE application for ILR? or you only have POSTAL application if you do not want to apply in person.

Thanks
Ed

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CR001
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Re: Online application

Post by CR001 » Wed Sep 06, 2017 2:36 pm

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Et1234
Junior Member
Posts: 63
Joined: Sun Aug 03, 2014 1:27 pm

18 years old dependent for ILR

Post by Et1234 » Tue Oct 03, 2017 11:31 am

Hi all
My son is 18 years old by the time we apply for ILR.
He is in FE / college and a FT student.
Working PT at Co-op for 6 hours a day for 3 days a week.
My question is:
1. Does he need to declare his PT and income?
2. If yes to the above, what will be the SOC code for this PT job?

Thanks

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CR001
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Re: 18 years old dependent for ILR

Post by CR001 » Tue Oct 03, 2017 11:40 am

1. Does he need to declare his PT and income?
He completes his own Set(O) form and can put his part time employment/income details in.
2. If yes to the above, what will be the SOC code for this PT job?
He does NOT need one.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Et1234
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Posts: 63
Joined: Sun Aug 03, 2014 1:27 pm

Re: 18 years old dependent for ILR

Post by Et1234 » Tue Oct 03, 2017 11:45 am

Thanks !!

Et1234
Junior Member
Posts: 63
Joined: Sun Aug 03, 2014 1:27 pm

Re: 18 years old dependent for ILR

Post by Et1234 » Tue Oct 03, 2017 11:49 am

Sorry to bother you another question.

We can apply 28 days before the visa expires.
Is this just purely 28 days or 28 working days?

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CR001
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Re: 18 years old dependent for ILR

Post by CR001 » Tue Oct 03, 2017 12:01 pm

It is purely 28 days.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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